Penalties for Driving Without Insurance in Florida

Driving without insurance is against the law in Florida and could result in the suspension of your license for up to three years and a reinstatement fee of up to $500.¹ In order to avoid these penalties, you must carry $10,000 worth of coverage for both property damage liability and personal injury protection.

Unfortunately, Florida has some of the highest insurance rates in the country, with many drivers unable to afford coverage.

“If someone is driving in Florida without insurance, it is almost always because of the
cost and affordability,” says Evan Marcotte who owns a Florida agency that specializes in non-standard auto insurance. “Some people are willing to risk the penalty. Another reason could be that they forgot to pay their bill or renew their current insurance policy.”

Florida requires SR-22s in certain cases for drivers caught driving without insurance. If you receive a citation for driving without proof of insurance, you’ll need to purchase a non-cancellable, six-month SR-22 policy, and the SR-22 must remain on file for two years, according to the Florida Department of Highway Safety and Motor Vehicles.

You’ll also need to file an SR-22 if you are at fault in an accident that causes injuries to the other party and don’t have insurance coverage. In this case, the SR-22 will remain on file for three years.

Getting car insurance in Florida after a lapse in coverage can be more difficult, and you should also expect it to be more expensive. You should start by shopping around as you normally would since every insurer has different standards for what is considered high-risk and will charge you different rates. It’s possible that you’ll be able to find relatively affordable coverage from a standard insurer depending on your driving record and how long your coverage lapse was.

For those struggling to afford auto insurance in Florida, Marcotte recommends buying your vehicle outright to avoid having to pay for collision and comprehensive coverage. Additionally, paying your insurance policy upfront may qualify you for a discount, and will also ensure that your coverage doesn’t lapse.

“Try to get a car that you can pay cash for so you don’t need to carry full coverage if you

don’t have to,” he says. “Pay [your insurance premiums] six months in advance if you can.”

If insurers deny you coverage, seek quotes from agencies or companies that specialize in high-risk drivers.

“Make sure the company or agency you are using has the right insurance carriers that can insure higher risk drivers,” Marcotte says. “Dairyland does really well on high risk drivers and those with lapses.” Marcotte’s own agency helps drivers who need SR-22s, FR-44s, or have accidents/violations from the past three years.

If you cannot find any insurance companies to cover you, go through the Florida Automobile Joint Underwriting Association (https://fajua.org/) to find a high-risk provider. The Association was created in 1973 to help high-risk drivers find coverage when no other insurers would offer it to them. You can use their website to search by your ZIP code and find high-risk insurers.

If you receive a Notice of Suspension from the FLHSMV and believe you are being wrongly charged or fined, there will be instructions for how to rectify the situation. Generally, you’ll need to contact your insurance company and ask them to verify your coverage with the department to avoid suspension and get any charges dropped.

Here are the basic laws you should be aware of when driving in Florida.

Minimum Coverage

In Florida, all drivers must carry the following coverages at a minimum:

• $10,000 in property damage liability per accident
• $10,000 in personal injury protection

If you are convicted of a DUI or certain other severe violations, you may be required to add bodily injury liability coverage as well.

Florida is one of a few states that has no-fault insurance, so it requires all drivers to have personal injury protection to pay for medical expenses that result from accidents, regardless of fault. It also requires property damage liability coverage, but not bodily injury liability coverage.

The minimum requirements are very low, but insurance in the state is unfortunately expensive. It also has one of the highest rates of uninsured drivers in the country at over 20 percent.⁵ This statistic means that adding uninsured motorist coverage to your policy is wise. Additionally, it’s a good idea to get higher limits than the minimum amounts to get better financial protection.

Regardless of the coverage you opt for, you must have at least the minimum coverage to comply with the law and avoid fines and a potential suspension of your license and registration.