Bodily Injury Liability in Florida: Lawsuits, FR-44, and Protecting What You Own

Bodily injury (BI) liability is the part of your auto policy that pays for injuries you cause to other people — their medical bills, lost wages, and pain and suffering. Here is the part most Florida drivers miss: for most drivers, Florida does not require it. To register a car you need only PIP ($10,000) and property damage liability ($10,000). That means you can be driving legally with zero coverage for the injuries you cause to others.

So what happens when a driver with minimum coverage — or no BI at all — causes a serious crash? This article walks through it: the lawsuit, what a judgment can reach, where Florida’s homestead protection helps (and where it doesn’t), what a DUI adds through FR-44, and where a personal umbrella fits in.

The crash is only the beginning: how a judgment follows you

• The injured person can sue you personally for what insurance didn’t pay: medical bills, future care, lost wages, and pain and suffering.
• A money judgment in Florida is generally valid for 20 years and can be renewed. It doesn’t expire when the crash fades from memory.
• With a judgment in hand, the creditor can pursue wage garnishment (Florida law shields a head of household’s wages in many cases, but the protection has limits and doesn’t cover every kind of debt), levy on bank accounts, and liens on property you own that isn’t otherwise protected.
• Interest keeps running on the unpaid balance while you sort it out.

Can they take your house? Homestead protection

Florida’s homestead protection (Article X, Section 4 of the Florida Constitution) shields your primary residence from forced sale by most creditors — and unlike many states, Florida puts no dollar cap on the value protected. But it is narrower than people think:

• It doesn’t stop the judgment itself — you still owe the money.
• It doesn’t protect bank accounts, investments, second homes, rental property, or business assets.
• It doesn’t block mortgages, property-tax liens, or contractor (mechanic’s) liens — those creditors can still force a sale.

In plain terms: homestead keeps a roof over your head, but it doesn’t make the debt go away — and everything outside the homestead is exposed.

A DUI makes it much worse: FR-44

After a DUI conviction (s. 316.193), Florida — one of only two states to use it — requires an FR-44 filing (s. 324.023):

• You must carry $100,000 per person / $300,000 per accident in bodily injury liability plus $50,000 in property damage — roughly ten times the BI limits many drivers carry.
• You must maintain those limits for a minimum of 3 years.
• Your insurer files the FR-44 certificate with the state. If the coverage lapses, your license goes away again — and the clock can restart.

An FR-44 isn’t insurance itself. It’s proof, filed by your insurer, that you carry the limits the state demands after a DUI.

Where a personal umbrella fits

A personal umbrella policy sits on top of your auto and homeowners liability limits. When a covered claim burns through your underlying BI limit, the umbrella can pay what’s left, up to its own limit — for both auto and home liability claims under one policy.

• For homeowners, an umbrella is especially worth understanding: a house, savings and investments are visible assets that make you a worthwhile target to sue.
• Umbrella coverage generally requires you to carry certain underlying auto and home liability limits first — it doesn’t replace them.
• It’s the layer that responds when the numbers get bigger than your auto policy was built for.

See our personal umbrella guide for how the coverage is structured.

What to check on your own policy

1. Find your bodily injury liability limits on your declarations page — two numbers, such as 100/300.
2. If you see only PIP and property damage, you likely have no BI liability at all.
3. Ask what a serious injury claim would do to your savings, a second property, or your wages over the next 20 years.
4. If you own a home, ask a licensed agent how an umbrella would stack over your auto and home policies.
5. If you carry an FR-44, never let the coverage lapse — a lapse can restart the multi-year clock.

Not sure what your limits are? Get a free coverage check

Our Free 5-Minute Coverage Check reviews your auto liability limits, whether an umbrella makes sense for your household, and where the gaps are. Free, no obligation, in English, Spanish or Russian.

You can also visit M&K Agency at 33550 S Dixie Hwy, Suite 102, Florida City, FL 33034, call (305) 859-3953, or request a quote.

Coverage depends on the terms, limits and exclusions of each policy. Talk with a licensed agent before you change your coverage.