Insurance Companies Are Using Florida’s New Law Against Crash Victims —Here’s How to Fight Back

As a top auto accident attorney at All Injuries Law Firm of Port Charlotte, I’ve seen firsthand how recent changes in Florida law have reshaped the landscape for car accident claims. If you’ve been involved in a car accident in Port Charlotte or Charlotte County, understanding Florida’s new comparative negligence law could mean the difference between receiving fair compensation — or walking away with nothing.

In 2025, Florida operates under a modified comparative negligence system, which directly impacts how fault is determined and how much compensation accident victims are eligible to recover. Let’s break down what this change means, how it affects your ability to recover damages, and why hiring a Port Charlotte car accident attorney is more important than ever.

What is Comparative Negligence?

Comparative negligence is a legal principle used to assign fault in an accident when more than one party shares responsibility. Before 2023, Florida followed a pure comparative negligence rule, meaning you could recover compensation even if you were 99% at fault —though your recovery would be reduced by your percentage of fault.

Now, as of 2025, Florida follows a modified comparative negligence rule with a 51% bar. This means:
If you are 50% or less at fault, you can still recover damages.

The new law has given insurance companies strong incentives to attempt to increase the level of fault for drivers in most crashes.

Under the new law if you are 51% or more at fault, you are barred from recovering any compensation.

This seemingly small change can have massive consequences for car accident victims in Port Charlotte, Punta Gorda, North Port, and throughout Charlotte County.

What the New Law Means for Port Charlotte Accident Victims

Let’s put this in perspective. Imagine you’re involved in a two-car collision on Kings Highway or US-41 in Port Charlotte. If the insurance company — or a court — finds you more than 50% responsible, you won’t recover anything. Not for your hospital bills, not for your car damage, and not for your pain and suffering.

Under the old rule, you might have still received partial compensation. But now, that compensation is completely off the table if your fault crosses that 51% line.

That’s why our role as Port Charlotte auto accident lawyers has become even more critical. It’s our job to ensure that fault is assigned fairly — and that the insurance company doesn’t shift blame onto you in order to avoid paying what you’re owed.

How Fault is Determined in Car Accident Claims

Insurance adjusters, attorneys, and courts determine fault using evidence like:

• Police reports from the Charlotte County Sheriff’s Office
• Photographs and video footage of the scene
• Witness statements
• Vehicle damage analysis
• Traffic law violations (e.g., speeding, failure to yield, distracted driving)

Even a small misstep on your part — like glancing at your phone or rolling through a stop sign — could be used to assign you partial fault. Under the new 2025 law, if that partial fault creeps past 50%, your claim could be denied outright.

This is why we always advise never speaking to the insurance company until you’ve talked to a local personal injury attorney in Port Charlotte who can protect your interests.

Real-World Examples: What Modified Comparative Negligence Looks Like

Example 1: You’re 20% at fault
You’re rear-ended at a light on Tamiami Trail, but your brake light was out. You’re found 20% at fault. Your total damages are $100,000. Under the new law, you’d still recover $80,000 (reduced by 20%). That’s a strong claim.

Example 2: You’re 50% at fault
You’re T-boned turning left onto Midway Boulevard, but the other driver was speeding. Fault is split 50/50. If your damages are $100,000, you can still recover $50,000. You’re right on the edge.

Example 3: You’re 60% at fault
You make an illegal U-turn on El Jobean Road and get hit. You’re found 60% at fault. Even if your damages are severe, you recover nothing other than your own coverage will provide for under the new law.

These examples highlight how every percentage of fault matters in a post-2023 world. When you work with All Injuries Law Firm of Port Charlotte, we fight hard to ensure your level of fault is kept well below that 51% threshold.

Why You Need a Port Charlotte Car Accident Lawyer Now More Than Ever

Under the new modified comparative negligence rule, there’s zero margin for error if you’re hurt in a car crash. The insurance companies know the law has changed, and they’ll use every trick they can to nudge your fault above 50%. That’s why choosing a local attorney who knows the Charlotte County courts, roads, and insurance tactics can be your best defense.

At All Injuries Law Firm, we:

• Investigate your accident thoroughly
• Challenge inflated fault percentages
• Gather strong evidence to support your version of events
• Fight to ensure you’re compensated fairly — or not blamed unfairly

We know Port Charlotte. We know the law. And we’re here to fight for your future.

What to Do After an Accident in Port Charlotte

If you’ve been in a crash, here’s what we recommend:

• Call 911 and ensure a police report is filed.
• Take photos of the scene, vehicles, and any injuries.
• Get medical treatment immediately, even if you feel okay.
• Do not give a recorded statement to the insurance company.

Call our office at All Injuries Law Firm of Port Charlotte for a free consultation.

The sooner we get involved, the sooner we can preserve evidence, protect your rights, and ensure the new negligence rules don’t work against you.

FAQ: Florida’s Comparative Negligence Law in 2025

What is the 51% Bar Rule?
If you’re found 51% or more at fault for a car accident, Florida law says you can’t recover damages. You must be 50% or less at fault to receive compensation.

Can I still file a claim if I was partly at fault?
Yes. As long as your fault is 50% or less, you can still pursue a claim and receive reduced compensation.

Does the new law apply to all accidents in Florida?
Yes, the modified comparative negligence rule applies to most negligence-based claims, including car accidents, as of 2023 and continuing into 2025.

Why does hiring a Port Charlotte lawyer matter?
Because we know how to fight back when insurance companies try to pin more than 50% of the blame on you. Our local experience can make or break your case.

Final Thoughts from a Port Charlotte Car Accident Attorney
The changes in Florida’s negligence law are not small — and they are not in your favor. If you’ve been in an accident in Port Charlotte, Punta Gorda, North Port, or anywhere in Charlotte County, the clock is ticking and so is your chance to build a strong case.

At All Injuries Law Firm of Port Charlotte, we’ve helped thousands of accident victims protect their rights and recover what they deserve. We’re ready to help you do the same — especially under the new, tougher rules.

Call us today for your free case review.

We’ll explain how the law applies to your unique situation — and fight to keep your fault below 51%, so you can move forward with confidence.