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Is Bodily Injury Liability Coverage Required in Florida?

By Roberto Ramos Jr., Licensed 2-20 Property & Casualty Agent, Serving Palm Beach County Since 2007

No. Most Florida drivers can legally register and operate a vehicle without bodily injury liability coverage, unless a special requirement applies. Florida is unusual because virtually all states require drivers to carry some form of auto liability insurance. Many Florida drivers don't realize this.

Here's why that matters. If you cause an accident and seriously injure someone... and you have no bodily injury coverage... you may be personally exposed to claims against your wages, your bank accounts, and your property. Subject to legal exemptions and collection rules, a civil judgment can follow you for years.

Picture this.

You're running late. You come through an intersection and clip another car. Not a major collision... but the other driver gets out holding their neck. They go to the hospital. It turns out to be a herniated disc. Surgery. Six weeks out of work.

Their bills hit $90,000. Their lost wages add another $30,000. That's $120,000 in damages.

And you have no bodily injury coverage.

Their PIP covers their first $10,000. What about the other $110,000? Florida's serious injury threshold is met. They can come after you personally. And with no bodily injury coverage, there is no insurer to step in on your behalf. Subject to legal exemptions and collection rules, you may be personally exposed to that judgment.

This isn't a freak accident. It's a minor intersection collision that went the wrong way. It happens frequently enough that every Florida driver should understand what they're exposed to.

What Does Bodily Injury Liability Coverage Actually Cover?

Bodily injury liability pays for the injuries you cause to other people when you are at fault in an accident. It is not for you. It is for everyone else involved.

Here is what it covers:

- Their medical bills - emergency room, surgery, hospitalization, rehab
- Their lost wages - income they lose while recovering
- Their pain and suffering - damages beyond just the medical costs
- Your legal defense - typically includes a legal defense for covered claims if they sue you
- Death-related damages - costs associated with a fatality you cause, subject to policy terms and the claim

What it does not cover: your own injuries, and damage to any vehicle. Coverage for claims by family or household members may be limited or excluded depending on the policy. (An unrelated passenger may be able to pursue a bodily injury claim against you if you are at fault and the claim meets Florida's applicable requirements.) Unlike PIP and property damage coverage, bodily injury liability does not carry a deductible.

That's what BI does. Now let's talk about what happens when you don't have it... because that's where it gets serious.

What Happens If You Cause a Serious Accident Without It?

Florida courts have real tools to collect:

- Wage garnishment up to 25% of your disposable earnings (if your wages aren't legally exempt)
- Bank account levies - funds seized directly
- Judgment liens placed against your property

A serious accident with multiple injuries, surgeries, and lost wages can generate damages well into six figures. Your PIP minimum gets wiped out fast. What's left comes from you personally.

I've seen it happen. A driver with no bodily injury coverage causes a crash. The other person has a surgery. Suddenly there's a judgment that follows them for years. It's not a hypothetical. It's something that happens to real people who thought they were saving money.

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Not sure what coverage you currently have?
Call me directly at (561) 586-4955. Free advice. No pressure. Takes five minutes.

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Now... most drivers aren't required to have BI. But some are. Let's make sure you know if you're one of them.

When Is Bodily Injury Coverage Required in Florida?

For most Florida drivers, BI is a choice. But there are situations where it stops being optional. If any of these apply to you... you're already required to have it.

DUI Conviction
If you've been convicted of a DUI in Florida after October 1, 2007, you are required to file an FR-44 form. That form proves you carry at least $100,000 per person and $300,000 per accident in bodily injury coverage, plus $50,000 in property damage liability. You must maintain that coverage for three years from the date your driving privileges are reinstated.

Leased Vehicles
Not a Florida statutory requirement, but many leasing companies require bodily injury liability coverage by contract. The required limits vary by lessor and lease agreement. Check your specific lease before assuming you're covered.

Taxis
Vehicles registered as taxis must carry bodily injury liability coverage of $125,000 per person and $250,000 per occurrence, plus $50,000 in property damage liability.

SR-22
In some post-crash or violation situations, Florida may require an SR-22 showing 10/20/10 bodily injury liability plus the otherwise required coverages.

Financial Responsibility Law
If you cause an accident that results in injury and you are found at fault, Florida's Financial Responsibility Law can require you to carry bodily injury coverage going forward, even if you weren't required to have it before the accident.

If none of those apply to you, BI is still your choice. So the real question becomes: how much do you actually need? That's where most drivers get it wrong.

How Much Bodily Injury Coverage Do You Actually Need?

This is the question I get most often. And the honest answer is... it depends on what you own and what you could lose.

Here is what the different limits actually mean when a real accident happens.

This is a simplified example assuming one injured person and $150,000 total covered damages.

The first number is the most paid per person injured. The second is the maximum paid for the entire accident. As you can see, lower limits leave your bank account heavily exposed to a single serious injury.

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Most drivers are genuinely surprised at how little it costs to step up to real protection.
If you want to know what it would cost for your specific situation,
call (561) 586-4955 and I'll run the numbers for you.

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The UM Connection... This Is Important

Bodily injury coverage also unlocks something most people don't know about. In Florida, you cannot purchase uninsured motorist coverage above your bodily injury limits.

That matters because Florida has a significant uninsured-driver problem, and many drivers choose UM coverage for that reason. If an uninsured driver hits you and puts you in the hospital, your uninsured motorist coverage is what pays your bills. But if your BI limits are low, your UM protection is capped at that same level. On a standard Florida auto policy, UM generally is not available unless the policy includes bodily injury liability coverage.

BI protects others from you. UM protects you from them. They work together. You need both.

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Want to know exactly what limits make sense for your situation? I'll walk you through it. Call or text (561) 586-4955. No obligation, just straight answers.

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What About Driving Out of State?

The moment you cross into Georgia, Alabama, South Carolina, or any other state, you are driving in a tort state. Those states operate on a fault-based system. They expect you to have bodily injury liability coverage.

Many standard auto policies contain an out-of-state coverage provision that broadens coverage to meet another state's minimum requirements, but coverage details vary by policy, so verify your own policy language before relying on it.

And even when that provision exists, it only extends your coverage to the bare minimum required by that state. Go back to the table earlier on this page. A single serious injury can easily reach six figures. A bare-minimum out-of-state BI limit gets wiped out fast. You are personally on the hook for everything above that limit... and now you're dealing with an out-of-state lawsuit far from home.

If you're not sure what your policy actually says, that's worth a five-minute phone call before your next road trip.

If you drive across state lines regularly, for work, for family, for anything... this is not a small detail.

And if you're wondering what any of this would actually cost to fix... the answer is probably less than you think.

How Much Does Bodily Injury Liability Cost in Florida?

Less than most people expect. Rates depend on your driving record, your vehicle, and where you live in Florida. But the more important question isn't what it costs. It's what it costs you if you don't have it and something goes wrong.

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Call (561) 586-4955 and I'll give you an actual number for your specific situation.
Takes about five minutes.

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Frequently Asked Questions