Getting into a car accident is stressful enough—navigating the legal aftermath shouldn’t add more confusion. Whether you’re dealing with insurance claims, medical bills, or questions about fault, Florida’s car accident laws play a critical role in how your case unfolds. From the state’s no-fault insurance system to new filing deadlines and legal thresholds for suing, understanding your rights can make a big difference in the outcome of your claim.
In this guide, we break down the essential Florida car accident laws every driver should know—so you can protect yourself, make informed decisions, and recover what you’re owed.
Florida’s No-Fault Insurance Law: How It Affects Your Claim
Florida follows a no-fault insurance system, meaning that after most car accidents, your own insurance policy covers your medical bills and related expenses, regardless of who was at fault. This coverage is called Personal Injury Protection (PIP) and is mandatory for all registered vehicles in the state. PIP typically covers up to $10,000 in medical and disability expenses.
While no-fault laws are meant to streamline the claims process and reduce lawsuits, they also limit your ability to sue the at-fault driver. Only in cases of “serious injury” — such as significant and permanent loss of bodily function, disfigurement, or death — can you step outside the no-fault system and pursue a personal injury lawsuit.
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When You Can Sue After a Car Accident in Florida
Despite the no-fault system, Florida law allows for lawsuits under specific circumstances. If your injuries meet the “serious injury” threshold defined by Florida Statute §767.627, you may be eligible to file a claim against the at-fault driver for pain and suffering, emotional distress, and other damages.
These include permanent injuries within a reasonable degree of medical probability, significant scarring or disfigurement, or death resulting from the accident. If your condition falls into one of these categories, you may be entitled to seek compensation beyond what PIP covers, such as lost income, future treatment, and non-economic damages like emotional pain.
Florida Car Accident Reporting Requirements
Florida law requires drivers to report an accident to law enforcement if it results in injuries, fatalities, or property damage of $500 or more. Situations involving hit-and-run drivers or suspected intoxication must also be reported. You should contact 911 immediately following an accident that meets these criteria.
Timely reporting is essential not only for compliance but also for building your legal case. Police reports serve as crucial documentation, helping establish fault and recording key details of the crash, which can support your insurance or legal claim later on.
Understanding Comparative Fault in Florida Car Accidents
Florida uses a modified comparative fault system, meaning that your level of responsibility for an accident can impact your compensation. If you are less than 50% at fault, you can still recover damages — but your total award will be reduced proportionally. Being more than 50% at fault means you recover nothing.
This system places extra importance on gathering evidence to minimize your fault. Legal strategy in Florida car accident cases often revolves around showing that the other party was more responsible for the crash.
Common Mistakes to Avoid After a Florida Car Accident
Accident victims often make decisions that hurt their chances of fair compensation. For example, some delay or skip medical treatment, which can undermine the seriousness of their claim. Others might admit fault on the scene without knowing the full facts.
Failing to collect details like photos or witness information, or talking to the other party’s insurer without legal guidance, can also be costly. These mistakes weaken your claim and can lead to a denial or reduced payout. To protect yourself, consult with an attorney early and document everything related to your case.
Who Pays for Damages After a Florida Car Accident?
In most Florida accidents, your PIP insurance pays for your medical expenses and part of your lost income, but it doesn’t cover vehicle damage. For that, you may need to rely on your own collision coverage or file a property damage claim with the at-fault driver’s insurer.
Although Florida drivers must carry at least $10,000 in property damage liability coverage, this often falls short of covering full repair or replacement costs. In serious injury cases, additional compensation may be available through a personal injury claim against the responsible driver.
Florida PIP Insurance: What It Covers and What It Doesn’t
Personal Injury Protection (PIP) in Florida covers 80% of your necessary medical expenses and 60% of lost wages, up to $10,000. It also provides up to $5,000 in death benefits if the accident results in a fatality.
However, PIP does not cover everything. It excludes compensation for pain and suffering, most property damage, and often doesn’t apply to passengers. To receive full PIP benefits, you must seek treatment within 14 days of the accident, which makes timely medical attention a priority.
Steps to Take Immediately After a Car Accident in Florida
What you do after a crash matters. First and foremost, call 911 and ensure everyone receives medical attention. Even minor symptoms should be checked, as injuries can worsen over time. Your health is the priority, and timely medical records will support your insurance or legal claim.
Remain calm and safe while waiting for authorities. If the vehicles are causing a hazard and it’s safe to do so, move them to the side of the road. Avoid confrontations with other drivers and limit your conversation to exchanging information. Stay mindful that anything you say could be used later by insurers or in court.
Next, document the scene. Take photos, collect contact and insurance details from all involved parties, and gather witness information. Avoid making statements about fault and notify your insurance company as soon as possible. These steps help lay the groundwork for your claim.
How Long You Have to File a Car Accident Claim in Florida
Florida law sets a two-year deadline for filing a personal injury lawsuit related to a car accident. This statute of limitations was shortened in 2023, so it’s vital to act quickly. Waiting too long could forfeit your right to seek compensation altogether. This time limit applies to lawsuits against individuals, businesses, or even government entities that may have played a role in the accident.
It’s important to note that certain circumstances can affect how this time limit is calculated. For example, if a minor is injured, or if the at-fault party leaves the state, the timeline may be extended. However, these exceptions are narrow and must meet specific legal requirements, so they should never be relied on without speaking to an attorney.
Additionally, insurance companies have their own deadlines for claim reporting. The sooner you initiate the process, the easier it is to gather evidence and avoid unnecessary complications with your case. Acting quickly not only protects your legal rights but also strengthens your case by preserving witness memories and physical evidence. Insurance companies and legal claims often have strict reporting deadlines, so starting the process early makes it easier to collect the necessary evidence and avoid unnecessary complications.
What Evidence Helps Your Car Accident Case in Florida
The strength of your case depends heavily on the evidence you can provide. Strong supporting materials include police reports, medical records and bills, photos of the accident scene and damage, eyewitness statements, traffic camera or dashcam footage, and vehicle repair estimates.
Organizing this evidence early on can help your attorney build a strong argument, whether you’re negotiating with an insurer or preparing for court. The more documentation you have, the better your chances of receiving full and fair compensation.
How Trelles Injury Law Can Help You
- Expertise: Access to experienced attorneys specializing in personal injury cases.
- Negotiation: Skilled negotiators who strive to maximize settlement offers.
- Guidance: Comprehensive support and guidance through the legal and claims process.
- Representation: Legal representation if required, ensuring your rights are protected.
- Resources: Utilization of resources and networks to build a robust case.
Trelles Injury Law helps victims of car accidents across Florida understand their rights and pursue the compensation they deserve. Whether your crash was caused by a distracted driver, speeding, drunk driving, or another form of negligence, our experienced legal team is here to help. We’ll work with you to investigate the accident, determine liability, and guide you through every step of the legal process.
Contact us today for a free consultation. Let us handle the legal work so you can focus on recovery—while we fight to get you the results you deserve.
Fluent in both English and Spanish, Ms. Trelles has been representing the injured in Palm Beach County for more than twenty years. She focuses her practice in all areas of personal injury, wrongful death, and premises liability. A native of Tampa, Florida and of Cuban descent, Ms. Trelles earned her Bachelor’s Degree from the University of Florida in 1988 and her Juris Doctorate Degree from the University of Florida College of Law in 1991. She was admitted to the Florida Bar in 1992 and is admitted to practice in the State Courts of Florida, U.S. District Court, and Northern and Middle Districts of Florida. Ms. Trelles has successfully tried numerous personal injury cases and has secured several multi-million dollar verdicts for her clients. Through years of experience, Ms. Trelles has become a powerful advocate for victims’ rights in Palm Beach County and throughout Florida. More about Yvette Trelles, Esq.
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