Quick answer: After a car accident in Florida, call 911, get medical attention within 14 days to preserve your PIP coverage, photograph everything, exchange information without admitting fault, and contact a personal injury attorney before speaking with any insurance company.
Florida sees over 400,000 reportable car crashes per year. If you’ve just been in one, what you do in the next 48 hours can determine whether you recover full compensation for your injuries — or get pushed into a low-ball settlement that leaves you paying medical bills out of pocket. This guide walks through the exact steps in order, with the Florida-specific rules that change everything (PIP, the 14-day rule, modified comparative negligence under HB 837, and the new 2-year statute of limitations).
Step 1 — Call 911 immediately
Florida law (F.S. § 316.066) requires a police report for any crash that involves injury, death, or vehicle damage that prevents normal driving. Even if the accident seems minor, call 911. The official crash report becomes a foundational piece of evidence — it documents who was at the scene, what was said, road conditions, and the responding officer’s initial assessment of fault.
If the other driver pressures you to “settle it without the police,” that is a red flag. They likely have no insurance, a suspended license, or warrants. Always call.
Step 2 — Get medical attention within 14 days (the PIP rule that wrecks claims)
Answer: Florida’s Personal Injury Protection (PIP) law requires you to receive initial medical treatment within 14 days of the accident, or you lose all $10,000 in PIP benefits.
This is the single most common way Florida accident victims sabotage their own claims. You feel “fine” at the scene. Adrenaline masks soft-tissue injury. Two weeks later, your back is on fire — but you missed the 14-day window, and your PIP carrier denies coverage. Florida Statute § 627.736(1)(a) is unforgiving on this point.
What counts: an ER visit, urgent care, a primary care doctor, a chiropractor, or a dentist (for facial injuries). What doesn’t count: massages, over-the-counter treatment, or telling your spouse you “feel sore.” Get documented care from a licensed medical provider within 14 days, even if it’s just an evaluation.
Step 3 — Document the scene with photos and video
Before vehicles are moved, photograph:
- All vehicles involved, from multiple angles, showing damage and license plates
- The position of vehicles relative to the road and to each other
- Skid marks, debris, and the surrounding road
- Traffic signs, signals, and any obstructions
- The other driver’s license, registration, and insurance card
- Your own injuries, visible bruising, cuts, or torn clothing
- Weather conditions and lighting
Video is even better than photos. A 60-second walk-around video captures spatial relationships and timing that still photos miss — and insurance defense attorneys hate video evidence because it’s hard to spin.
Step 4 — Exchange information without admitting fault
Exchange the following with every other driver:
- Full name, address, and phone number
- Driver’s license number
- License plate and vehicle make/model
- Insurance company name and policy number
What NOT to say: “I’m sorry.” “I didn’t see you.” “It was my fault.” These are admissions of fault under Florida’s modified comparative negligence rule (more on this below). Under HB 837, if you’re found more than 50% at fault, you recover nothing. Polite reflexes like “I’m sorry” get used against you. Limit yourself to factual statements: where you were going, what you saw, what time it was.
Step 5 — Get contact info from every witness
Independent witnesses are the most valuable evidence you can collect at the scene. Names and phone numbers — not just “a guy in a blue truck.” Witness memory fades within days. If your case eventually requires deposition or trial, a witness with a phone number who can be reached six months later is gold. Without one, the case becomes your word against the other driver’s.
Step 6 — Notify your insurance company within 24 hours — but keep it factual
Most Florida policies require prompt notification of an accident. Call your insurer to report the crash. Keep the report to facts: when, where, who was involved, that you reported to police.
Do NOT give a recorded statement, speculate on fault, downplay your injuries, or agree to a quick settlement offer. If your insurer asks for a recorded statement at this stage, decline politely and say you’ll provide one after consulting with an attorney. You are within your rights to do so under most Florida policies.
Step 7 — Decline calls and offers from the OTHER driver’s insurance company
Within 24 to 48 hours, the at-fault driver’s insurance company will call you. They will sound friendly and concerned. They are not your friend. Their job is to settle your claim for as little as possible before you’ve had time to:
- Receive full medical diagnosis (many injuries take 2-6 weeks to manifest)
- Understand the true cost of your treatment
- Calculate lost wages and reduced earning capacity
- Consult an attorney about pain and suffering damages
Do not give them a recorded statement. Do not accept an offer. Tell them you are still receiving treatment and will follow up through your attorney. Then hang up. Initial settlement offers in Florida average 10-20% of true case value.
Step 8 — Contact a personal injury attorney before signing anything
Florida personal injury attorneys work on contingency — you pay nothing upfront, and nothing at all unless your case is won. The standard fee under Florida Bar Rule 4-1.5(f) is 33⅓% of any settlement reached before a lawsuit is filed, and 40% if a lawsuit is filed and the case is resolved before discovery completes.
An attorney pays for itself almost always. Claimants with attorney representation in Florida recover, on average, 3.5x more than those who go it alone (Insurance Research Council data). The attorney handles all communication with insurance companies, gathers medical records, builds the damages case, and either negotiates settlement or files suit.
The Florida-specific rules that change everything
The 2-year statute of limitations (HB 837)
Florida House Bill 837, effective March 24, 2023, slashed the personal injury statute of limitations from 4 years to 2 years. For accidents on or after that date, you have 2 years from the accident to file a lawsuit. Miss it and your claim is permanently barred — regardless of how serious your injury is.
Modified comparative negligence — the 50% bar
Before HB 837, Florida used “pure comparative negligence” — even if you were 99% at fault, you could recover 1% of damages. After HB 837, Florida adopted “modified comparative negligence” with a 50% bar: if you’re found more than 50% at fault, you recover nothing. This is why every word you say at the scene matters.
PIP and the “permanent injury” threshold
Florida’s no-fault system requires every driver to carry $10,000 in PIP coverage, which pays 80% of medical bills regardless of fault. But you can only sue the at-fault driver for pain and suffering if you’ve suffered a “permanent injury within a reasonable degree of medical probability,” significant scarring or disfigurement, significant and permanent loss of an important bodily function, or death (F.S. § 627.737). Without this threshold, your recovery is limited to economic damages only.
FAQ — Florida car accident questions
How long do I have to file a personal injury claim in Florida?
Two years from the date of the accident for crashes on or after March 24, 2023, under Florida HB 837. Crashes before that date follow the prior 4-year statute. Wrongful death claims have a separate 2-year statute. Medical malpractice claims have their own timing rules.
Do I need a lawyer for a minor car accident in Florida?
If you have any injury — even soft tissue — yes. Insurance companies are sophisticated; you are not. The contingency fee means you pay nothing unless they recover money for you. There is no downside to a free consultation.
How much is my Florida car accident case worth?
Florida car accident settlements typically range from $15,000 for soft-tissue injuries to $500,000+ for serious injuries involving surgery, permanent disability, or wrongful death. Value depends on medical costs (past + future), lost wages, the “permanent injury” threshold for pain and suffering, your percentage of fault, and available insurance coverage.
What if the other driver doesn’t have insurance?
Florida doesn’t require bodily injury liability insurance, so uninsured driver crashes are common. Your own Uninsured/Underinsured Motorist (UM/UIM) coverage is typically the recovery source. If you have UM/UIM coverage, you can file a claim against your own policy. An attorney can identify all available coverage layers, including any commercial policy if the at-fault driver was on the job.
How much does a Florida personal injury lawyer cost?
Florida personal injury attorneys work on contingency. You pay nothing upfront. Florida Bar Rule 4-1.5(f) caps fees at 33⅓% of any recovery up to $1 million if settled before a lawsuit is filed, 40% if settled after suit is filed and before discovery completes, and lower percentages above $1 million.
Need help with a Florida car accident claim? CrashHeros connects accident victims with experienced personal injury attorneys across Florida — Tampa, Orlando, Miami, Jacksonville, and beyond. Free 24/7 case evaluation. You pay nothing unless your case is won.
