Questions & answers · Car insurance
In Florida, the other driver's insurer says I was more than half at fault. Can I still recover anything?
Car insuranceDeniedFloridaChecked Nov 5, 2026
From K.Actuary, founded by Sangmin Kwon, ASA · sources checked 2026-11-05 · Source: Florida Statutes · § 768.81 (Comparative fault) · § 768.81(2), (6) View original ↗
In short
- In Florida, your share of fault usually lowers what you can recover.
- A person more than 50 percent at fault for their own harm may not recover damages.
- The statute says this applies in negligence actions.
What this means
This answer uses the Florida comparative fault statute only.
The statute says that in a negligence action, contributory fault chargeable to the claimant diminishes proportionately the amount awarded for an injury attributable to the claimant's contributory fault, but does not bar recovery, subject to subsection (6). Subsection (6) says that in a negligence action to which the section applies, any party found to be greater than 50 percent at fault for his or her own harm may not recover any damages.
The statute is about a court case. It does not say how an insurer decides fault during a claim. The sources here do not say who decides fault in your claim, so ask the insurer for its reason in writing.
Your next step
Ask the other insurer for the percentage of fault it assigned to you and its reason, in writing. The statute gives no claim deadline.
Check it yourself
Open the Florida Statutes page and read subsections (2) and (6).
Where this comes from (1)
[1] Florida Statutes · § 768.81 (Comparative fault) · § 768.81(2), (6) · checked 2026-11-05
(2) EFFECT OF CONTRIBUTORY FAULT. — In a negligence action, contributory fault chargeable to the claimant diminishes proportionately the amount awarded as economic and noneconomic damages for an injury attributable to the claimant’s contributory fault, but does not bar recovery, subject to subsection (6). … (6) GREATER PERCENTAGE OF FAULT. — In a negligence action to which this section applies, any party found to be …
How we found this
We matched your question to 1 official source, quoted the exact lines, and re-checked each quote against its source on 2026-11-05.
What we don’t know yet
Your own plan or notice may say something different. If your letter cites another rule, send it and we will look again.
Every answer is checked against the official rule it quotes.
Information only — not legal advice. Your plan, insurer or agency decides.
This answer quotes the official sources listed above, with the date we checked them. Your own policy, notice and state rules control. We are not your lawyer or your insurer. We don’t file, argue or negotiate claims for you — you send any letter or form yourself.
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