Florida Windshield Replacement Law: No Deductible, No AOBs, No Gift Cards
If you carry comprehensive coverage on a car in Florida, your deductible does not apply to a damaged windshield. That's the whole of s. 627.7288, Florida Statutes, one sentence long and on the books since 1979. A $500 or $1,000 comprehensive deductible simply drops out of a windshield claim.
That rule is generous, and for years it fed a lawsuit machine. Glass shops took assignments of benefits from drivers, billed insurers directly, and sued when the insurer paid less. The Department of Financial Services counted 33,196 auto glass lawsuits involving an assignment of benefits in 2022 alone, up from 435 in 2011. In 2023 the Legislature passed CS/SB 1002, which kept the no-deductible rule but changed almost everything around it: who can collect your claim, what a shop can offer you, and what it has to tell you about the camera behind your mirror.
Here's what Florida's windshield law says now, what it doesn't cover, and how to handle a cracked windshield without signing away anything you shouldn't.
Source: s. 627.7288 and s. 627.7289, Florida Statutes (2026); lawsuit counts from DFS as reported in the Senate Rules Committee staff analysis of CS/SB 1002 (April 11, 2023); votes from the Florida Senate bill page.
The no-deductible windshield rule
The statute reads, in full: the deductible provisions of any motor vehicle policy, delivered or issued in Florida by an authorized insurer, that provides comprehensive coverage or combined additional coverage "shall not be applicable to damage to the windshield of any motor vehicle covered under such policy."
Three conditions are packed into that sentence, and all three have to be true:
- You have comprehensive coverage on that car. DFS describes comprehensive, also called other-than-collision, as coverage for damage from things other than a collision: fire, theft, windstorm, vandalism, flood, falling objects and hitting an animal. A rock thrown up by a dump truck on I-4 is the classic windshield claim.
- The damage is to the windshield. The statute says windshield. It doesn't say side windows, the back glass or a sunroof.
- The policy comes from an authorized insurer. That's an insurer authorized by the state to write the coverage. If your policy was placed with a non-admitted (surplus lines) carrier, read the policy itself.
The rule has been around for decades. The statute's history traces it to chapter 79-241 of the Laws of Florida (it was numbered s. 627.7378 back then), and it was last amended in 1997. Nothing in the 2023 reforms touched it.
What the rule doesn't cover
Most of the confusion about this rule comes from stretching it past what it says. Read this table against your own declarations page.
| Situation | Does the no-deductible rule apply? | Why |
|---|---|---|
| Rock chip or crack in the windshield, comprehensive on the car | Yes | Exactly what s. 627.7288 covers |
| Windshield replacement that requires ADAS camera recalibration | The statute doesn't address it | Since 2023, s. 559.903 counts ADAS calibration as motor vehicle repair; how it's paid depends on your policy and the claim |
| Broken side window (break-in or debris) | No | The statute names the windshield only; your comprehensive deductible applies |
| Shattered rear glass or sunroof | No | Same reason; check whether your policy has a glass endorsement |
| Windshield broken in a collision | Not clearly | The statute is written about comprehensive coverage; DFS describes collision as the coverage for crash damage, and your policy decides how the claim is handled |
| Car with PIP and property damage liability only | No | No comprehensive coverage means no coverage for your own glass |
Source: s. 627.7288, Florida Statutes (2026); s. 559.903(1) as amended by ch. 2023-136 (CS/SB 1002, enrolled); Florida DFS, Personal Automobile Insurance Overview.
The side-glass point catches people after a break-in. Say a thief smashes your passenger window in a Miami Beach parking garage, and you carry a $500 comprehensive deductible. Hypothetical example: if the window costs $420 to replace, you pay all $420 because the bill is under your deductible. If a rock had cracked the windshield instead and the replacement ran $1,100, the deductible wouldn't apply at all, and your policy terms decide what the insurer pays the shop.
If you drive a car with a lot of glass, ask whether your policy offers a glass endorsement that changes how side and rear glass are handled. That's a policy feature, not something Florida law requires.
The 2023 law: no more glass AOBs
An assignment of benefits (AOB) is a form that hands your claim, and the right to be paid on it, to someone else. Before 2023, the Senate staff analysis explains, an out-of-network glass shop got paid either by you directly or by taking an AOB. With the AOB in hand, the shop could negotiate with your insurer or sue it if the two sides didn't agree on the amount.
CS/SB 1002 was approved by the Governor on May 25, 2023, became chapter 2023-136, Laws of Florida, and took effect that day. Its main changes:
| Law | What it says | Who it binds |
|---|---|---|
| s. 627.7289 | No one may enter an assignment of post-loss benefits for glass replacement or repair, including ADAS calibration, under an auto policy issued or renewed on or after July 1, 2023. Any such assignment is void and unenforceable | Policyholders, shops, anyone |
| s. 559.920(17) | A repair shop may not offer a rebate, gift, gift card, cash, coupon or any other thing of value in exchange for making a glass insurance claim. Paid solicitors who aren't employees are barred too | Repair shops, their employees and paid solicitors |
| s. 559.920(18) | The shop must give you electronic notice, or written notice in at least 12-point type, saying whether ADAS calibration is required to make the system work and to meet the manufacturer's specifications | Repair shops |
| s. 627.7291 | No one, including the insurer, agent or adjuster, may require you to use a particular company or location for windshield work under a personal auto policy. They can explain your coverage and any limit of liability | Insurers, agents, adjusters |
Source: s. 627.7289, s. 559.920 and s. 627.7291, Florida Statutes (2026); Florida Senate, CS/SB 1002 (2023) bill history.
The AOB definition is deliberately wide. It covers "any instrument, regardless of how such agreement is named or styled" that transfers your claim payments, in whole or in part, to anyone doing glass work: inspecting, protecting, repairing, replacing or recalibrating. Calling the form a "direction to pay" or a "work authorization" doesn't get around it if it hands over your benefits.
The date matters. The ban applies to policies issued or renewed on or after July 1, 2023. Any policy that has renewed since then is covered, and the policy period on your declarations page tells you when yours last did.
Two more pieces of s. 627.7291 are worth knowing. If an insurer offers a policy with a repair arrangement for windshield work, meaning you agree to use its arranged glass provider, and you accept it, the insurer must give you an actuarially sound discount. And the section says it doesn't create a private cause of action, so that section by itself doesn't give you a right to sue; a complaint goes to DFS.
That steering ban sits on top of an older claims rule. Under s. 626.9743(3), an insurer that requires a particular repair shop has to get the car restored to its pre-loss performance and appearance at no extra cost to you beyond what the policy states, and under subsection (4) it can't require replacement parts that aren't at least equivalent in fit, appearance and performance.
Why the Legislature acted
Source: Florida DFS data provided to the Senate Banking and Insurance Committee, Jan. 19, 2023, as reported in the Senate staff analysis of CS/SB 1002
Show the numbers
| Lawsuits | |
|---|---|
| 2011 | 435 |
| 2012 | 1,200 |
| 2013 | 3,329 |
| 2014 | 6,753 |
| 2015 | 11,077 |
| 2016 | 17,768 |
| 2017 | 21,851 |
| 2018 | 14,539 |
| 2019 | 16,168 |
| 2020 | 21,094 |
| 2021 | 24,080 |
| 2022 | 33,196 |
The numbers explain the bill. DFS counted 435 auto glass AOB lawsuits in 2011 and 33,196 in 2022, about 76 times as many. That 2022 figure works out to roughly 91 lawsuits a day, every day of the year, over windshields. Across the twelve years in the table, the total comes to 171,490.
The climb wasn't a straight line. Filings hit 21,851 in 2017, dropped to 14,539 in 2018, then rose every year after, with a 37.9% jump from 2021 to 2022.
The staff analysis also describes the marketing that went with it: some shops advertised cash back for filing a qualified windshield claim, with examples like "up to $150 cash back at the time of service" and "$100 - $200 Cash Back with FL Insurance." Those are exactly the offers s. 559.920(17) now prohibits.
A second change landed the same spring. In March 2023, HB 837 (chapter 2023-15) repealed s. 627.428, the one-way attorney fee statute for suits against insurers. I cover that law and its effects in my post on Florida tort reform.
What I can't give you is a clean count of glass lawsuits since the ban. I couldn't find a DFS, OIR or legislative staff report with auto glass AOB filings for 2023 onward, so I won't guess at the drop. The staff analysis itself called the premium effect "indeterminate," because comprehensive coverage also pays for flood, hail, theft and hurricane damage.
ADAS cameras and recalibration
On many newer cars, the windshield isn't just glass. The forward camera that runs lane departure warning, automatic emergency braking and adaptive cruise control usually sits against the inside of the windshield, behind the rearview mirror. The Senate staff analysis notes that a sensor has to be calibrated whenever its aim is disturbed, and windshield replacement is one of the common causes.
Florida law now defines an advanced driver assistance system (ADAS) as any motor vehicle electronic safety system that is associated with motor vehicle glass and designed to support the driver and increase safety. It also folded "calibration or recalibration of advanced driver assistance systems" into the definition of motor vehicle repair. In practice that means:
- A business that recalibrates these systems is a motor vehicle repair shop under the Florida Motor Vehicle Repair Act, regulated by the Florida Department of Agriculture and Consumer Services (FDACS), and must register.
- The shop must tell you, electronically or in writing in at least 12-point type, whether calibration is required to make the system work and to meet the manufacturer's specifications (s. 559.920(18)).
- You can't assign recalibration benefits either; s. 627.7289 names calibration expressly.
Florida law doesn't set a technical standard for how the calibration is done beyond that notice. So ask the shop directly whether your car needs it, whether they do it in-house, and how they'll confirm it worked. Keep the notice with your claim paperwork.
Is comprehensive coverage required in Florida?
No. To register a typical private car, Florida requires personal injury protection under s. 627.733, and s. 627.7275 says a PIP policy must also carry property damage liability. DFS lists the minimum property damage liability as $10,000, and s. 627.736(1) sets PIP at $10,000 in medical and disability benefits and $5,000 in death benefits. Neither one pays a dime toward your own windshield. I walk through the minimums in Florida car insurance requirements.
Who does require comprehensive? Usually your lender. The Senate staff analysis, citing DFS, notes that comprehensive is required by most lenders to protect their financial interest in the car. If you finance or lease, check your contract, because dropping comprehensive can put you in breach of it.
| Coverage | Required by Florida law? | Pays for your windshield? |
|---|---|---|
| Personal injury protection (PIP) | Yes, $10,000 medical and disability, $5,000 death benefit | No |
| Property damage liability | Yes, $10,000 minimum | No, it pays for damage you cause to others |
| Collision | No (lender may require it) | Possibly, if the glass breaks in a crash; depends on your policy |
| Comprehensive | No (most lenders require it) | Yes, with no deductible under s. 627.7288 |
Source: s. 627.733, s. 627.736, s. 627.7275 and s. 627.7288, Florida Statutes (2026); Florida DFS, Personal Automobile Insurance Overview; lender requirement from the Senate staff analysis of CS/SB 1002.
One practical wrinkle if you're adding comprehensive: DFS notes that s. 627.744 can require a pre-insurance inspection for existing physical damage before collision or comprehensive coverage is issued on cars in Duval, Palm Beach, Broward, Dade, Orange, Hillsborough and Pinellas counties, and that insurers commonly require one elsewhere, though the statute has many exemptions (renewals, cars 10 or more model years old, new cars bought or leased from a dealer, drivers continuously insured with physical damage coverage for 2 years or longer, and others). If your windshield already has a crack when you buy the coverage, the inspection can record it. Our Florida auto insurance page explains how comprehensive and collision fit with the required coverages.
Can you drive with a cracked windshield in Florida?
Florida's statutes don't set a crack size. What they say:
- s. 316.2952 requires a fixed, upright windshield with federally compliant safety glazing on every motor vehicle on public roads (motorcycles and farm implements excepted), a working wiper the driver can control, and nothing stuck on the windshield except listed items like required stickers, toll transponders, GPS devices and a transparent tint strip above the AS/1 line. A violation is a noncriminal, nonmoving traffic infraction.
- s. 316.610 makes it a violation to drive a vehicle in such unsafe condition as to endanger anyone. An officer with reasonable cause can stop and inspect the car. If continued driving would be unduly hazardous, the officer can require immediate repair or removal from use; for lesser defects, the officer gives written notice to fix it within 48 hours, excluding Sunday. The statute's examples of lesser defects are tailpipes, mufflers, windshield wipers and marginally worn tires.
My read: a crack running across the driver's view is a safety problem and can draw an officer's attention under s. 316.610. A small chip at the edge of the glass is a judgment call. With comprehensive coverage, the deductible isn't a reason to wait.
How to file a windshield claim
- Check your declarations page. Confirm comprehensive is listed for that car. If it isn't, the no-deductible rule doesn't help you.
- Photograph the damage and note the date, place and cause (a rock on the Turnpike, a falling branch, a storm).
- Report it to your insurer or agent yourself. You are the policyholder; you don't need a shop to do this for you.
- Pick your shop. Under s. 627.7291 nobody can require you to use a particular company or location. Your insurer can explain your coverage and any limit of liability, so ask what it will pay if you choose a shop outside its arrangement and whether you'd owe a difference.
- Confirm the shop is registered with FDACS. Use the FDACS Business License Lookup or call 1-800-HELP-FLA (435-7352).
- Read what you sign. If any form transfers your claim payments to the shop, it's void for any policy issued or renewed on or after July 1, 2023, and it's a red flag about the shop.
- Ask about ADAS. Get the calibration notice in writing or electronically, as s. 559.920(18) requires.
- Keep copies. FDACS says that for repairs over $150 the shop must offer you a written estimate option, and it can't exceed the estimate by more than $10 or 10%, whichever is greater, without your approval.
Will a glass claim raise your rate? Florida's accident surcharge rules in s. 626.9541(1)(o) are written around accidents and fault, and none of them mentions glass claims. A glass claim is still a claim, and DFS notes that claims databases like CLUE generally hold up to seven years of auto claims history used in underwriting and rating. How your insurer treats it at renewal depends on its filed rating rules, so ask before you file if that worries you.
Where to complain
| Problem | Where to take it |
|---|---|
| A shop offered cash, gifts or coupons for a claim, skipped the ADAS notice, or charged for work you didn't authorize | FDACS, 1-800-HELP-FLA (435-7352) |
| Your insurer, agent or adjuster insisted you use a particular glass company | Florida DFS Insurance Consumer Helpline, 1-877-693-5236 |
| You disagree with your insurer about what it paid on a glass claim | DFS Insurance Consumer Helpline; ask about DFS's automobile mediation program |
| Out of state and need DFS | (850) 413-3089, or DFS's Get Insurance Help page online |
Source: FDACS, Motor Vehicle Repair; Florida DFS, Personal Automobile Insurance Overview; s. 559.920 and s. 627.7291, Florida Statutes (2026).
DFS's automobile mediation program is open to anyone with a property damage claim of any dollar amount. Either side can request it before a lawsuit or appraisal, and it's non-binding. Under the Repair Act, the Senate staff analysis adds, a customer injured by a violation can also sue the shop, and the prevailing party can recover damages, court costs and reasonable attorney fees.
If you'd like someone to look at your declarations page and tell you whether comprehensive is on each car, get in touch. Hurricane season is a good reason to check anyway: the same comprehensive coverage handles flood damage to your car.
FAQ
Is windshield replacement covered with no deductible in Florida?
Yes, if you carry comprehensive coverage. Section 627.7288, Florida Statutes, says the deductible in a comprehensive policy from an authorized insurer does not apply to damage to the windshield. It covers the windshield only, not side windows or rear glass.
Can a glass shop give me cash or a gift card for filing a windshield claim in Florida?
No. Since 2023, s. 559.920(17) makes it a violation for a repair shop, its employees or a paid solicitor to offer a rebate, gift, gift card, cash, coupon or anything of value in exchange for making a glass insurance claim.
Can I assign my windshield claim to a glass shop in Florida?
Not under an auto policy issued or renewed on or after July 1, 2023. Section 627.7289 makes any assignment of post-loss glass benefits, including ADAS calibration, void and unenforceable.
Does my insurance company get to choose my windshield shop?
No. Under s. 627.7291, no one, including the insurer, agent or adjuster, may require you to use a particular company or location for windshield work under a personal auto policy. They may explain your coverage and any limit of liability.
Is comprehensive coverage required in Florida?
No. Florida requires personal injury protection and property damage liability to register a typical private car. Most lenders require comprehensive on a financed or leased car.
Your own policy wording and Florida law control how any claim is paid. Confirm your situation with a licensed agent, the Florida Department of Financial Services or Office of Insurance Regulation, or, for legal questions, an attorney.
Sources
- Florida Statutes s. 627.7288, comprehensive coverage; deductible not to apply to motor vehicle glass (2026)
- Florida Statutes s. 627.7289, assignment of post-loss motor vehicle glass benefits prohibited (2026)
- Florida Statutes s. 627.7291, motor vehicle windshield claims and practices; steering prohibited (2026)
- Florida Statutes s. 559.920, Motor Vehicle Repair Act unlawful acts and practices (2026)
- Florida Statutes s. 626.9743, claim settlement practices relating to motor vehicle insurance (2026)
- Florida Statutes s. 626.9541, unfair trade practices incl. surcharges (2026)
- Florida Statutes s. 627.733, required security (2026)
- Florida Statutes s. 627.7275, motor vehicle liability (2026)
- Florida Statutes s. 627.736, required personal injury protection benefits (2026)
- Florida Statutes s. 627.744, preinsurance inspection of private passenger motor vehicles (2026)
- Florida Statutes s. 316.2952, windshields; requirements; restrictions (2026)
- Florida Statutes s. 316.610, safety of vehicle; inspection (2026)
- Florida Senate: CS/SB 1002 (2023), Motor Vehicle Glass, bill history (Chapter 2023-136)
- Florida Senate: CS/SB 1002 (2023), enrolled bill text
- Florida Senate Committee on Rules: Bill Analysis and Fiscal Impact Statement, CS/SB 1002 (April 11, 2023)
- Laws of Florida, Chapter 2023-15 (CS/CS/HB 837)
- Florida DFS: Personal Automobile Insurance Overview
- Florida Department of Agriculture and Consumer Services: Motor Vehicle Repair
This article is for general educational purposes only and is not legal, tax or insurance advice. Coverage depends on the actual policy, its terms, conditions and exclusions, and state law. Maru Insurance · WA License (WAOIC) #1365574 · FL License #G363233 · NPN 22261820.