Overview of New Florida Insurance Laws and How They May Affect You
Legally Reviewed by Scott Sobol, Esq. on August 13, 2026
Florida Statute 626.9541 generally bars insurance companies from raising your rates solely because you were involved in an accident, so long as you were not at fault for causing it. That protection does not mean every rate increase you see after a claim is unlawful, and understanding when an insurer has crossed the line requires knowing how Florida’s insurance and no-fault laws work together.
At the Law Offices of Scott Sobol, our attorneys help drivers understand and enforce these protections so they receive fair treatment without facing unjust rate increases. Attorney Sobol has represented over 1,000 clients and can help you understand how these laws apply to your situation.
Will My Rates Increase After a Florida Car Accident?
If you were determined to be at fault for your car accident, your insurance rates are likely to increase. The extent of this increase can depend on several factors, including the details of the accident, your history of insurance claims, and the type of coverage you have. Each of these factors plays a role in the potential adjustment of your insurance premiums.
However, if you were not at fault for the collision, Florida Statute 626.9541 provides significant protections, specifically prohibiting insurance companies from raising rates solely because you were involved in an accident. This law applies unless there is clear evidence that you were at fault for the incident. In other words, simply being involved in an accident does not give insurers a blanket right to hike your rates.
Insurers who violate this statute can face civil liability and fines, which is meant to keep drivers from being penalized for accidents they did not cause.
How Florida’s No-Fault Insurance Requirements Fit In
Florida requires drivers to carry Personal Injury Protection (PIP) coverage, which pays medical bills and lost wages after an accident regardless of fault. Because your own PIP policy pays first in most car accident claims, insurers sometimes point to a PIP claim, rather than a liability finding, as the basis for a rate change. Our detailed look at how Florida’s no-fault system works after an accident explains the 14-day treatment deadline and the coverage limits that apply, both of which can affect whether a rate increase is properly tied to fault.
What to Do if Your Rates Were Unlawfully Increased in Florida
If you believe your insurance company has unlawfully raised your rates in Florida, consider following the steps below to protect your rights and interests.
Understand Your Policy
First, thoroughly review your insurance policy. Make sure you understand all terms and conditions, including the specific scenarios under which your rates can legally be changed. Getting familiar with your policy will help you identify any unjust rate increases.
Contact Your Insurance Company
Next, reach out to your insurance company for clarification on the rate increase. There may be a legitimate reason they can explain to you. A direct conversation can often resolve misunderstandings and provide a reasonable explanation for the change.
File a Complaint with Florida’s Department of Financial Services
If you are not satisfied with the explanation from your insurance company, the next step is to file a complaint with Florida’s Department of Financial Services (FDFS). The FDFS oversees insurance companies and has the authority to investigate your claim. Filing a complaint can prompt an investigation into your situation to help ensure your insurer complies with the law.
Consult an Attorney
If your rates continue to increase without a lawful basis, it may be time to seek legal advice. Consulting with an attorney can provide you with guidance tailored to your circumstances. At the Law Offices of Scott Sobol, we can help you navigate the legal process, protect your rights, and take action against unlawful practices by your insurance company.
How Insurance Companies Investigate Rate and Injury Claims
Insurers do not simply take your word, or a rate change explanation, at face value. Adjusters may review your driving history, request recorded statements, and in some cases use surveillance to test whether your reported injuries match your activity level. Florida law limits what an insurer can do here; our guide to hidden camera surveillance in Florida insurance investigations explains where those limits fall and what to do if you believe you were improperly monitored.
How Long Insurers Have to Respond to Your Claim
Florida law also sets deadlines for how quickly an insurer must acknowledge and act on your claim, whether that claim relates to a rate dispute or an underlying accident. Our article on how long Florida insurance companies have to respond to your claim breaks down those timelines and what to do if your insurer is dragging out the process.
Storm season brings its own insurance considerations, since damage claims and rate disputes often spike after a hurricane. Our guide to prepping for hurricane season during the off-season covers how to review your policy before a storm puts it to the test.
Navigate Florida’s New Insurance Laws With Confidence
Handling the complexities of insurance claims after an accident can be stressful. At the Law Offices of Scott Sobol, we work to simplify this process and help protect your rights to fair treatment. Our team is dedicated to helping you understand and use Florida’s insurance laws to push back against unjust rate increases.
Contact us at (954) 440-2000 or through our contact form to discuss your case and explore your options for fair treatment without unjust rate increases. We are committed to standing by you and making sure your insurance company complies with the law.
Frequently Asked Questions About Florida Insurance Laws
Can my insurance company raise my rates if I wasn’t at fault for the accident?
Generally, no. Florida Statute 626.9541 prohibits insurers from increasing your rates solely because you were involved in an accident you did not cause. If your rates go up without a fault-based justification, you may have grounds to file a complaint.
What’s the first step if I think my rate increase was unlawful?
Start by reviewing your policy and requesting a written explanation from your insurer. If the explanation doesn’t hold up, you can file a complaint with Florida’s Department of Financial Services, which has the authority to investigate insurer conduct.
Does filing a PIP claim count as being “at fault”?
No. Filing a Personal Injury Protection claim after an accident is a no-fault benefit available regardless of who caused the crash, and it should not, by itself, be used to justify a rate increase.
Can an insurance company use surveillance to investigate my claim?
Florida law allows limited surveillance of claimants in public settings, but there are restrictions on where and how that monitoring can occur. If you believe an insurer’s investigation crossed a legal line, an attorney can review the situation.
How long does my insurer have to respond to my claim or complaint?
Florida law sets specific response and payment deadlines for insurers, though the exact timeline depends on the type of claim involved. An attorney can tell you whether your insurer is meeting its obligations under your policy.
ABOUT THE ATTORNEY
Founding Attorney, The Law Offices of Scott Sobol
Scott Sobol has represented more than 1,000 personal injury clients across South Florida’s circuit courts and is admitted to practice law in Florida, Illinois, and Texas. He and his team focus on car accident, premises liability, and insurance dispute matters for both Florida residents and visitors.
LEGALLY REVIEWED BY:
Scott Sobol
August 13, 2026
Scott Sobol is a dedicated personal injury attorney with over two decades of experience representing injured clients across South Florida. He has handled more than 1,000 cases involving serious car accidents, unsafe premises, and denied insurance claims. Known for his client-focused approach, Scott prioritizes open communication to guide clients confidently through complex legal challenges. Licensed in Florida, Illinois, and Texas, his extensive knowledge of the law ensures a strong pursuit of justice for those affected by negligence.
- Fact Checked
- Editor
Recent Posts
Can You Still Recover Compensation If the At-Fault Driver Has No Bodily Injury Coverage in Florida? - 08/18/26
A car crash is stressful enough before you find out the other driver has almost no insurance at all. Many people assume that if some ...
One moment you are driving home from work, thinking about dinner or the errands still left on your list. The next moment, a stranger ...
Being involved in a car accident is frightening on its own, but when the other driver speeds away without stopping, the situation be ...
