Getting into a car accident where both drivers share some blame used to mean a reduced payout in Florida. Since 2023, the math changed in a way that can eliminate a claim entirely, and many drivers still do not realize how the new rule works.

What Changed About Comparative Fault In Florida?

Florida shifted from a pure comparative negligence system to a modified one under Florida Statute 768.81, following the 2023 passage of House Bill 837. Under the prior rule, an injured driver could recover reduced damages no matter how much fault they carried, even at 90 percent. That is no longer the case for claims filed after March 24, 2023.

How Does The 51% Bar Actually Work?

If a driver is found to be 50 percent or less at fault for a crash, their damages are simply reduced by that percentage, the same as before. But if a jury or insurance adjuster determines a driver was more than 50 percent responsible, that driver recovers nothing at all, regardless of how severe the resulting injuries were.

Does This Apply To Every Type Of Case?

No. The 51% bar does not apply to claims arising from medical malpractice, which remain governed by the older pure comparative negligence standard. It does apply broadly to car accidents, motorcycle accidents, and most other negligence based personal injury claims in Florida.

Why Does This Change Insurance Company Behavior?

Because crossing the 51 percent line eliminates a claim entirely rather than just reducing it, insurers now have a much stronger incentive to argue aggressively that an injured driver shares most of the blame. Presser Law, P.A. has seen this shift change how quickly insurers push back on liability since the rule took effect. A claim that might have settled for a reduced amount under the old rule can now be denied outright under the new one.

What Kinds Of Arguments Do Insurers Raise To Push Fault Above 50%?

Adjusters commonly point to specific driver behaviors to argue for a higher fault percentage:

Speeding or following too closely at the time of the crash
Distraction from a phone or other device
An unsafe lane change or failure to yield
Failure to use a turn signal before changing direction

Which Date Actually Controls Which Rule Applies?

The 51% bar applies to causes of action that accrued after March 24, 2023. If the underlying crash happened before that date, the older pure comparative negligence rule may still control, even if the case is being evaluated or settled today.

How Does This Affect A Lake Mary Car Accident Claim?

Because a fault finding above 50 percent now eliminates recovery entirely, building strong evidence early to counter an inflated fault argument matters more than it ever did before. A Lake Mary car accident lawyer can review the police report and scene evidence to identify where an insurer’s fault allocation does not hold up.

Where Can I Get Help Pushing Back On An Inflated Fault Percentage?

Since insurers now have every incentive to push a driver’s fault above the 51 percent line, a careful early investigation into what actually happened can make the difference between a full claim and no recovery at all. A Lake Mary car accident lawyer can help gather the evidence needed to keep an inflated fault allocation from controlling the outcome.

A single percentage point separates a reduced recovery from no recovery at all under this rule, which is exactly why an insurer’s early fault assessment should never be treated as final. If you were hurt in a car accident in Lake Mary and fault is being disputed, reach out to our office to go over the details of what happened.