What to Do After a Car Accident in Florida: A Step-by-Step Guide

By Jay Wasserman

Florida’s roads are among the busiest, and most dangerous, in the country. Hundreds of thousands of crashes happen here every year, from fender benders on I-95 to catastrophic collisions on the Turnpike. If you have just been in one, you are dealing with pain, a damaged car, missed work, and a phone that will not stop ringing with adjusters. What you do in the hours and days that follow will shape what your claim is worth months from now.

A word of caution before anything else: Florida’s insurance system is built on deadlines that start running immediately. You generally must seek medical treatment within 14 days of the crash to preserve your no-fault benefits, and you have only two years to file most injury lawsuits. Meanwhile, anything you say to an insurance adjuster, including the other driver’s, can be used to shrink or deny your claim. The system is not designed to protect you by default. Knowing the rules is how you protect yourself.

This guide walks through what Florida law requires at the scene, how the state’s no-fault insurance system actually works, when you can sue the at-fault driver, what compensation is available, and the early mistakes that quietly cost injured people the most.

At the scene: what Florida law requires

Florida law imposes specific duties on every driver involved in a crash, and failing to follow them can carry criminal consequences.

1. Stop and stay. Under Fla. Stat. § 316.061 and § 316.062, a driver involved in a crash must stop at the scene, exchange name, address, vehicle registration, and license information, and render reasonable aid to anyone injured. Leaving the scene of a crash involving injury is a felony under Fla. Stat. § 316.027, and Florida sees thousands of hit-and-run crashes each year.
2. Call 911 if anyone may be hurt. Under Fla. Stat. § 316.065, a crash involving injury, death, or apparent property damage of at least $500, which is nearly any real collision, must be reported to law enforcement immediately. In practice: call the police. The crash report they prepare becomes a foundational document in any later claim.
3. Move out of traffic if you safely can. If your vehicle is drivable and no one is seriously hurt, Florida law directs you to move it out of the travel lanes to prevent a second collision.
4. Document everything. Photograph the vehicles, their positions, the roadway, skid marks, debris, traffic signals, and your visible injuries. Get names and phone numbers of witnesses before they drive away. Note the other driver’s insurance carrier and policy number.
5. Watch what you say. Be courteous, exchange information, and answer the responding officer’s questions honestly, but do not apologize or speculate about fault at the scene. “I’m sorry” feels polite in the moment and reads like an admission in a claim file.
6. Get medical care, even if you feel fine. Adrenaline masks injuries, and soft-tissue, spine, and head injuries often surface days later. There is also a legal reason not to wait, which is where Florida’s no-fault system comes in.

Florida is a no-fault state: how PIP works

Florida is one of the few remaining no-fault states. Every owner of a registered vehicle must carry $10,000 in personal injury protection, known as PIP, under Fla. Stat. § 627.736. After a crash, your own PIP coverage pays regardless of who caused the collision:

• 80% of reasonable and necessary medical expenses, up to the policy limit;
• 60% of lost wages; and
• a $5,000 death benefit.

Two traps inside the PIP statute catch injured people constantly:

• The 14-day rule. You must receive initial medical treatment within 14 days of the crash, from a hospital, physician, dentist, or chiropractor, or PIP pays nothing at all. Waiting to “see if it gets better” can forfeit the entire benefit.
• The emergency medical condition limit. Unless a qualifying medical provider determines you had an emergency medical condition, your PIP medical benefit is capped at $2,500 instead of $10,000. The paperwork your doctors complete in the first weeks matters enormously.

It should also be obvious that $10,000 does not go far against an emergency room visit, imaging, and physical therapy, let alone surgery. PIP is a starting point, not the measure of your claim. For anything beyond a minor injury, the real question is whether you can step outside the no-fault system and pursue the at-fault driver.

When you can sue the at-fault driver

Florida’s no-fault law restricts lawsuits for pain and suffering to cases that cross the injury threshold in Fla. Stat. § 627.737. You can pursue the at-fault driver for noneconomic damages when the crash causes:

• significant and permanent loss of an important bodily function;
• a permanent injury within a reasonable degree of medical probability;
• significant and permanent scarring or disfigurement; or
• death.

Economic losses that exceed your PIP benefits, such as unpaid medical bills and lost income, can be pursued against the at-fault driver as well. Hypothetically: a driver in Boca Raton is rear-ended at a red light and suffers a herniated disc requiring injections and, eventually, surgery. Her PIP is exhausted within weeks. If her physicians attribute the disc injury to the crash and assign a permanent impairment, she has a claim against the at-fault driver for her unpaid medical expenses, lost earnings, and pain and suffering. Building that claim is the core of our auto accident practice.

When a crash is fatal, the claim proceeds under Florida’s Wrongful Death Act on behalf of the estate and surviving family members, an area we cover through our wrongful death practice. Where the at-fault driver was drunk, fleeing, or driving with criminal recklessness, the civil case runs alongside the criminal one, and our vehicular homicide practice handles that intersection.

The insurance gap: why the other driver may have nothing

Here is the part of Florida law that surprises almost everyone. Florida requires PIP and $10,000 in property damage liability under Fla. Stat. § 324.022, but it is one of the only states that does not require ordinary drivers to carry bodily injury liability coverage at all. Many drivers carry none, and Florida consistently ranks among the states with the highest share of uninsured drivers on the road.

The practical consequences:

• Check your own policy for uninsured/underinsured motorist coverage. UM coverage, governed by Fla. Stat. § 627.727, steps in when the at-fault driver has no bodily injury coverage or too little. It is the single most important coverage a Florida driver can buy, and insurers must offer it, though you may have signed a rejection form without realizing it.
• Do not assume the visible policy is the only one. Coverage can exist through the vehicle’s owner, a resident relative’s policy, an employer if the driver was working, or an umbrella policy. Identifying every available policy is one of the first things experienced counsel does.
• A large verdict means little against an uninsured defendant. Strategy has to follow the coverage, which is why the insurance investigation should happen at the start of the case, not the end.

What if you were partly at fault?

Florida changed this rule dramatically in 2023. Under Fla. Stat. § 768.81, Florida now follows modified comparative negligence: your recovery is reduced by your percentage of fault, and if you are found more than 50% at fault, you recover nothing at all.

Hypothetically: a jury finds a Fort Lauderdale driver 30% at fault for a crash because he was speeding, and awards $100,000. He collects $70,000. If the jury instead puts him at 51%, he collects nothing. This is why insurers work so hard, from the very first recorded statement, to shift fault percentages onto the injured person. Every casual remark about looking at your phone, driving a little fast, or “not seeing them coming” is ammunition for that effort.

The deadline to sue: two years

The same 2023 law cut Florida’s statute of limitations for negligence cases in half. Under Fla. Stat. § 95.11, a lawsuit arising from a car crash must generally be filed within two years of the crash. Wrongful death claims also carry a two-year limit. Miss the deadline and the claim is gone, no matter how serious the injury or how clear the fault.

Two related warnings. First, claims against a government entity, for example a crash involving a city vehicle or a dangerous road condition, involve additional pre-suit notice requirements under Fla. Stat. § 768.28 that must be satisfied before you can sue. Second, two years sounds like plenty of time and is not. A properly built injury case requires completed medical treatment or a clear prognosis, expert review, and a documented damages picture before filing or settling. The claims that resolve well are the ones where that work starts early.

What compensation can you recover?

A Florida car accident claim can include:

• Medical expenses, past and future, beyond what PIP paid;
• Lost wages and lost earning capacity, including reduced ability to work in the future;
• Pain and suffering, mental anguish, and loss of enjoyment of life, for injuries crossing the threshold described above;
• Property damage, for your vehicle and its contents;
• a spouse’s claim for loss of consortium; and
• punitive damages in cases of gross negligence, most commonly drunk or drugged driving.

Future damages are where serious cases are won or lost. A settlement that covers last month’s bills but ignores next decade’s surgeries, therapy, and diminished earnings is not a recovery, it is a discount for the insurer. Proving those numbers takes medical experts, and often economists, which is one more reason early counsel changes outcomes.

The mistakes that quietly damage claims

After decades of handling these cases, we see the same missteps over and over:

• Delaying treatment or skipping appointments. Gaps in care forfeit PIP benefits under the 14-day rule and give insurers their favorite argument: that you were not really hurt.
• Giving a recorded statement to the other driver’s insurer. You are not required to, and it exists to be used against you. Speak to counsel first.
• Signing broad medical authorizations. Blanket releases let adjusters mine your entire medical history for something to blame your injuries on.
• Accepting a fast settlement. Checks offered in the first weeks are priced before anyone knows what your injuries actually are, and cashing one typically ends the claim forever.
• Posting on social media. Photos of you smiling at a barbecue will appear in your case file with a caption you did not write.
• Letting evidence disappear. Vehicles get repaired or scrapped, dashcam and surveillance footage gets overwritten, and witnesses scatter. Preservation letters need to go out early.

Frequently asked questions

Do I have to report a car accident in Florida? Yes, in nearly every case. Crashes involving injury, death, or apparent property damage of at least $500 must be reported to law enforcement immediately under Fla. Stat. § 316.065. Calling the police also produces the crash report your claim will be built on.

What is Florida’s 14-day rule? To receive PIP benefits, you must get initial medical treatment within 14 days of the crash. Wait longer and your own no-fault coverage pays nothing, regardless of how badly you were hurt.

Is Florida a no-fault state? Yes. Your own PIP coverage pays your initial medical bills and lost wages up to $10,000 regardless of fault. But no-fault does not mean nobody is at fault: for injuries that are permanent or otherwise cross Florida’s injury threshold, you can pursue the at-fault driver for full damages, including pain and suffering.

How long do I have to file a car accident lawsuit in Florida? Generally two years from the date of the crash under Fla. Stat. § 95.11, for both negligence and wrongful death claims. Claims involving government entities require additional pre-suit notice, so the practical deadlines can arrive even sooner.

What if the other driver has no insurance? It happens constantly, because Florida does not require ordinary drivers to carry bodily injury liability coverage. Your own uninsured motorist coverage, other household policies, and other responsible parties, such as a vehicle owner or an employer, become the focus. An early, thorough insurance investigation is essential.

Can I still recover if the accident was partly my fault? Yes, if you were 50% or less at fault. Your recovery is reduced by your percentage of fault, and you recover nothing if you are found more than 50% responsible. This is why protecting the fault narrative from day one matters so much.

Should I talk to the other driver’s insurance company? Not before speaking with a lawyer. You have no obligation to give the other driver’s insurer a recorded statement, and adjusters are trained to elicit answers that reduce what the company pays.

How much is my case worth? It depends on the severity and permanence of your injuries, your medical expenses and lost income, the available insurance coverage, and fault. Be skeptical of anyone who quotes a number before your medical picture is clear; early valuations mostly benefit the party writing the check.

Talk to a Florida car accident attorney

The insurance company handling your claim evaluates cases like yours every day. You get one. The steps you take in the first two weeks, getting treated, preserving evidence, declining recorded statements, and identifying every available policy, will echo through everything that follows. The attorneys at KWBR have spent decades representing injured people and grieving families throughout Florida through our personal injury and auto accident practices, and we have recovered millions of dollars for our clients. Contact us for a free, confidential consultation before you talk to the adjuster.

This article is for general informational purposes and is not legal advice. The examples above are hypothetical illustrations, not real cases. Every claim turns on its specific facts; consult a qualified Florida attorney about your situation.