Who Is Going to Fix Your Car After an Accident?
You were just driving through Tampa, minding your own day. Then another driver’s mistake left your car damaged in a crash you didn’t cause. Now you’re staring at a wrecked vehicle, wondering how you’ll get to work, and the insurance adjusters are already deciding how little they can pay you. Here’s what you need to know before you sign anything or accept their first offer. TL;DR — QUICK SUMMARY In Florida, car repairs are paid based on fault, not no-fault — the at-fault driver’s Property Damage Liability coverage is responsible for fixing your vehicle. You have two main options: file through your own collision coverage (you pay your deductible up front) or file directly against the at-fault driver’s insurance (no deductible, but slower if liability is disputed). If you use your own collision coverage, your insurer can pursue the at-fault party and refund your deductible once it recovers — so you are not stuck paying it permanently. Florida property damage claims carry a four-year deadline under Florida Statute § 95.11(3), but any related injury lawsuit must be filed within two years under Fla. Stat. § 95.11(3)(a). Florida’s minimum Property Damage Liability coverage is only $10,000, which often will not cover repairs to a newer vehicle — so identifying every source of coverage matters. The Reyes Firm Car Damaged in a Tampa Accident That Wasn’t Your Fault? Get clear next steps on who pays to fix your car and how much you’re owed. Had a bad day? Contact Us Now $10,000 FL minimum Property Damage Liability Fla. Stat. § 627.7275 $10,000 FL minimum PIP (injuries only) Fla. Stat. § 627.736 4 Years FL property damage claim deadline Fla. Stat. § 95.11(3) 2 Years FL injury lawsuit deadline Fla. Stat. § 95.11(3)(a) Who is responsible for fixing your car after an accident in Tampa? The driver who caused the crash is responsible for the damage to your car — and in Florida, that means their Property Damage Liability insurance should pay to repair or replace your vehicle. This surprises a lot of people, because Florida is known as a “no-fault” state. No-fault only applies to your medical bills and injuries through Personal Injury Protection. When it comes to your car itself, fault still controls who pays. That distinction matters because it gives you a choice. You can route the repair through your own insurance company, or you can pursue the at-fault driver’s insurer directly. The Reyes Firm, a Tampa personal injury firm that handles crash claims across Hillsborough County and the surrounding region, sees clients pushed toward whichever option is cheaper for the insurance company — not whichever is better for you. ⚠️ Deadline Warning: If you were injured in the crash, Florida law gives you only two years to file a personal injury lawsuit under Florida Statute § 95.11(3)(a). Claims for the damage to your vehicle alone have a longer four-year window, but missing either deadline can permanently end your right to recover. Don’t wait to call a lawyer. Should you use your own insurance or the at-fault driver’s insurance to fix your car? Both options can get your car repaired, but they work very differently, and the right one depends on your coverage and how clear fault is. Here’s how each path actually plays out. Option 1 — Your own collision coverage. If you carry collision coverage, your insurer will arrange the repair quickly, often before fault is even sorted out. The catch is your deductible: you pay it up front before the work is done. The upside is speed and the freedom to choose your own repair shop rather than one the other insurer steers you toward. Option 2 — The at-fault driver’s Property Damage Liability coverage. If the other driver was clearly at fault, their insurer is legally responsible for your repairs, and you pay no deductible. The trade-off is timing. The at-fault insurer typically sends an adjuster to inspect your car before approving anything, and if they dispute who caused the crash, the repair can stall while they investigate. When liability is obvious, going through the at-fault driver’s insurer avoids your deductible entirely. When fault is contested or you need your car back fast, your own collision coverage usually gets you moving sooner. 💡 Did You Know? Florida only requires drivers to carry $10,000 in Property Damage Liability coverage under Fla. Stat. § 627.7275. On a newer vehicle, $10,000 often falls far short of the actual repair or replacement cost — which is why identifying every available source of coverage, including your own policy, can be the difference between a full repair and an out-of-pocket loss. Source: Fla. Stat. § 627.7275, leg.state.fl.us. Does Florida’s no-fault insurance cover car repairs? No — Florida’s no-fault system does not pay to fix your car. Personal Injury Protection under Florida Statute § 627.736 covers your own medical bills and a portion of lost wages regardless of who caused the crash, but it stops at injuries. The damage to your vehicle is treated as a fault-based property damage claim, separate from your PIP benefits. This is why two people in the same accident can have very different experiences. Your medical treatment runs through PIP no matter what, while the repair to your car depends entirely on proving who was responsible. Keeping those two claims straight — and making sure neither one is shortchanged — is a large part of what a Tampa car accident attorney does. Who pays if the other driver was clearly at fault? When the other driver caused the crash, their Property Damage Liability insurer owes you the cost to repair your vehicle, or its fair value if it’s totaled. If you go through your own collision coverage instead, your insurer can then pursue the at-fault party through a process called subrogation — and once it recovers, it refunds your deductible to you. So even if you pay the deductible at the shop, you are not necessarily stuck with that cost forever. You may also be owed more