My car’s windshield got broken in an accident that involves my friend’s surfboard. I want to know if I can claim from my car insurance or not. By the way, if I don’t get the glass replaced soon, can I still drive the car around even with that broken glass? Will I be ticketed by the Florida police?

Ryan

Miami, Florida

In Florida, if you carry only the Personal Injury Protection (PIP) and the Property Damage Liability (PD), which is the minimum auto insurance required by the state, then expect that your damaged windshield will not be covered.

Typically, the repair or replacement of a windshield is covered by the Comprehensive Coverage. In your state, if you carry this kind of policy, the deductible is waived when the windshield is being replaced. This is noted under Florida Statute 627.7288. So, if you only have liability coverage in your policy, it is likely that you would have to personally fund the replacement of your windshield.

It is possible that you may be ticketed for a broken windshield, especially if the law enforcer finds the damage to be obstructing your view and considers it unsafe. Under Section 316.2952, it is stated that a vehicle must have a windshield. However it is not stated that the vehicle has to have a windshield that is in “proper condition.” Therefore, this conviction would have to be assessed further in court. If the court finds the broken windshield to be unsafe, then it would state that you are violating Section 316.610, which is driving an unsafe vehicle.