What is Florida’s Windshield Law?
July 30, 2024
Maintaining the integrity of your vehicle's windshield is crucial for both safety and legal reasons. Since Florida is a “no fault” state for auto insurance coverage, understanding windshield repair and windshield replacement in Florida can be a little tricky.
For starters, the Florida Supreme Court has ruled that law enforcement can only stop a driver for a cracked windshield if it compromises the vehicle’s safety. But, federal regulations make driving with a damaged windshield potentially illegal. After all, a crack could worsen and compromise the windshield's integrity.
Yet, many drivers hesitate to repair or replace a damaged windshield due to the associated costs. Fortunately, a windshield won't shatter into tiny shards upon impact thanks to being made from laminated glass. Federal safety-glazing material standards is required on every motor vehicle operated on the public highways, roads, and streets, except on a motorcycle or farm equipment.
Other windshield regulations...
Although Florida law states you cannot be ticketed unless the windshield damage obstructs your view or endanger, an officer can issue a citation if the damage hinders safe driving. While driving with a cracked windshield might not immediately attract a ticket, it is still risky and can be illegal in other states. Since you can be cited if windshield damage interferes with the safe operation of the vehicle, you shouldn’t delay to have windshield damage inspected by a professional.
Florida statutes do, however, require all vehicle windshields to have functioning wipers and windshield damage must not interfere with operating the wipers. Additionally, stickers, decals, or other items that obstruct the driver’s view are prohibited unless legally required, such as toll payment devices. The Sunshine State does have unique laws regarding windshield device mounts and they must not be within the driver’s reach. In summary, maintaining an intact windshield that provides clear vision is essential for compliance with Florida law.
Insurance Coverage for Windshield Repairs
The size and location of a crack or chip will determine if the windshield can be repaired or needs replacement. Generally, chips smaller than a quarter and cracks less than a few inches are repairable. Federal regulations allow cracks or chips smaller than ¾ inch in diameter, provided they are not within 3 inches of another crack. However, these cracks must not obstruct the driver's view, an area defined from the top of the steering wheel to the top edge of the windshield. But, replacing a windshield is always more expensive than repairing a small crack.
Small chips and minor cracks, especially those less than 3 inches in length, can often be fixed. If the crack is too deep or wide, a replacement will be necessary. Some repair shops may refuse to repair a crack if it's directly in the driver's line of sight since this can obstruct vision. In Florida, it's illegal to drive with such damage, so a replacement is highly recommended. If the crack is near the corner and preferably on the passenger side, you might avoid a fine. However, due to the lack of clear rules, whether you’re ticketed may depend upon the police officer.
If you elected to purchase the minimum auto insurance coverage as required by Florida law, glass damage will not be covered. Personal Injury Protection (PIP) insurance focuses on covering medical expenses and lost wages after an accident, not vehicle repairs. Hence, any windshield damage falls outside the scope of personal injury protection and the property damage liability (PDL) coverage only covers damage to another person’s property caused by you or someone else driving your vehicle.
Why Comprehensive Coverage is Essential
Comprehensive auto insurance, often called "full coverage", extends beyond basic insurance to cover various types of vehicle damage, including windshield repairs. If you only have minimum auto insurance, you will likely need to pay for glass damage repairs out of pocket. Fortunately, comprehensive policies can help you avoid unexpected expenses. Under Florida Statutes, Sec. 627.7288, drivers with comprehensive coverage can get their windshields repaired or replaced without any deductible.
While aftermarket auto glass meets minimum safety standards set by the Department of Transportation, it may not meet OEM standards. An original equipment manufacturer replacement windshield ensures the same level of safety, fit, and finish as the vehicle's original windshield. Importantly, you cannot be charged for the repair, and you are entitled to coverage and replacement whenever you have damage, no matter how frequently it occurs. While you can replace your windshield yourself, it's crucial to remember that the windshield is a critical safety component of your vehicle.
After replacing your windshield, make sure to recalibrate your Advanced Driver Assistance System (ADAS). Most ADAS features, like lane-keeping assist and collision avoidance, rely on cameras and sensors mounted on the windshield. Given the Sunshine State’s extensive system of interstate highways and numerous large commercial vehicles, the chances of encountering a cracked windshield are high. If your windshield is damaged and you have comprehensive or combined additional insurance coverage, contact your insurer to arrange for a free repair.
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If you have a comprehensive car insurance policy, your insurer must pay for any windshield or repair. Unfortunately, many drivers only become aware of their glass damage benefits when informed by a repair shop. To learn more about adding comprehensive auto insurance coverage to your PIP policy, visit Nsurance Nation online. Our independent agents will work directly with you to determine the best options to meet your unique needs.
