What to Do After a Car Accident in Florida: Your 2025 Complete Guide

A car accident can be a jarring and overwhelming experience. Consequently, in Florida, the moments following a crash are not only critical for your health and safety but also for protecting your legal and financial rights. With over 380,000 traffic crashes occurring annually in the state, every driver should understand what to do after a car accident in Florida (according to the FLHSMV). Therefore, this comprehensive guide provides a step-by-step legal checklist for 2025 to fully prepare you to navigate the complex aftermath of a collision on Florida’s roads.

Specifically, Florida operates under a unique and often confusing no-fault insurance system, coupled with recently updated laws on comparative negligence and statutes of limitations. Indeed, making a mistake in the hours, days, or weeks after an accident can jeopardize your ability to recover compensation for medical bills, lost wages, and pain and suffering. For this reason, this guide will walk you through the immediate actions to take at the scene, the critical follow-up steps, and the essential Florida laws you must understand to protect your rights.

Understanding Florida’s No-Fault Insurance System

Before diving into the steps to take after an accident, it is crucial to understand Florida’s no-fault insurance framework. In short, this system streamlines the process of covering initial medical expenses, but it has specific rules and limitations that every driver must know.

What is Personal Injury Protection (PIP)?

Florida law requires every owner of a motor vehicle to carry a minimum of $10,000 in Personal Injury Protection (PIP) coverage (as outlined by state requirements). Essentially, this is the cornerstone of the no-fault system. Regardless of who is at fault for the accident, your own PIP insurance is your primary source for covering initial medical expenses and lost wages.

PIP Coverage Breakdown:

• 80% of Medical Bills: PIP covers 80% of all necessary and reasonable medical expenses up to the $10,000 limit. This includes services from doctors, hospitals, and dentists, as well as rehabilitation costs.
• 60% of Lost Wages: If you are unable to work due to your injuries, PIP will cover 60% of your lost income, also up to the $10,000 limit.
• $5,000 Death Benefit: In the tragic event of a fatality, PIP provides a $5,000 death benefit.

Importantly, it is important to note that PIP does not cover the other driver’s expenses, nor does it cover damage to your vehicle or the other party’s property. For property damage, you must have Property Damage Liability (PDL) coverage, with a minimum requirement of $10,000 (as required by Florida law).

The Critical 14-Day Medical Treatment Rule

One of the most critical aspects of Florida’s PIP law is the 14-day rule. To be eligible for any PIP benefits, you must seek initial medical treatment from a qualified healthcare provider within 14 days of the car accident, as stated in Florida Statutes § 627.736.

Florida Statutes § 627.736(1)(a): “…an insurer is not required to pay a claim for medical benefits for any charge for a service or treatment that is not provided within 14 days after the motor vehicle accident.”

Ultimately, if you fail to see a doctor within this two-week window, your insurance company has the right to deny all of your PIP claims, leaving you personally responsible for your medical bills. Even if you feel fine, some injuries may not present symptoms for days. For this reason, seeking a medical evaluation is the only way to protect both your health and your right to benefits.

When Can You Sue the At-Fault Driver?

While the no-fault system handles most minor injury claims, it does not prevent you from suing an at-fault driver for significant damages. In fact, to step outside the no-fault system and file a personal injury lawsuit for pain, suffering, and other non-economic damages, your injuries must meet the “serious injury threshold” as defined by Florida Statute § 627.737.

According to this statute, a serious injury is one that consists in whole or in part of:

• Significant and permanent loss of an important bodily function.
• Permanent injury within a reasonable degree of medical probability, other than scarring or disfigurement.
• Significant and permanent scarring or disfigurement.

A qualified physician must diagnose your condition and determine that it meets this legal threshold. Consequently, this is why thorough medical documentation is absolutely essential from the very beginning.

Immediate Steps to Take at the Accident Scene

The actions you take in the minutes immediately following a car accident are critical. By staying as calm as possible and following a clear plan, you will help ensure everyone’s safety and protect the integrity of your future claim.

1. Ensure Safety and Check for Injuries

First and foremost, your priority is the health and safety of everyone involved. You should check yourself and your passengers for injuries. If anyone is injured, you must call 911 immediately. Furthermore, do not attempt to move someone who is seriously injured unless they are in immediate danger (e.g., fire or risk of another collision), as this could worsen their injuries.

If the accident is minor and there are no serious injuries, and if the vehicles are drivable, Florida law requires you to move them out of the travel lanes to a safe location, such as the shoulder or a nearby parking lot, as per Florida Statute § 316.071. In doing so, this helps prevent further accidents and keeps traffic flowing. Once in a safe location, you should turn on your vehicle’s hazard lights.

2. Call 911 and Report the Accident

Even if the accident seems minor, it is almost always in your best interest to call the police. In Florida, the law legally requires you to report a car accident if it results in:

• Any injuries or fatalities.
• Property damage that appears to be $500 or more.

When you call 911, you should provide the operator with your location, the number of people involved, and a description of any known injuries. Subsequently, the responding law enforcement officer will create an official Florida Traffic Crash Report, which is a vital piece of evidence for your insurance claim and any potential legal action. This report will contain the officer’s initial assessment of how the accident occurred, contact and insurance information for all parties, witness statements, and a diagram of the scene.

3. Document Everything Thoroughly

With smartphones, everyone has a powerful evidence-gathering tool in their pocket. While you wait for the police to arrive, you should document the scene as thoroughly as possible. After all, memories fade, but photographs provide indisputable evidence.

What to Photograph:

• Vehicle Damage: Take wide, medium, and close-up shots of the damage to all vehicles involved.
• Accident Scene: Capture the overall scene, including the final resting positions of the cars, skid marks, debris on the road, and any relevant traffic signs or signals.
• Road and Weather Conditions: Document any conditions that may have contributed to the accident, such as rain, fog, or road construction.
• Visible Injuries: Take pictures of any cuts, bruises, or other visible injuries you or your passengers have sustained.

In addition to photos, you should write down everything you can remember about how the accident happened. Specifically, note the time, date, location, and the direction you were traveling. Every detail, no matter how small it may seem, can be valuable later.

4. Exchange Information Properly

You should politely exchange the following information with all other drivers involved:

• Full Name, Address, and Phone Number
• Driver’s License Number
• Insurance Company and Policy Number
• License Plate Number
• Vehicle Make, Model, and Color

If there are any witnesses, you should also ask for their names and contact information. Indeed, independent witness testimony can be incredibly powerful in proving who was at fault.

5. Avoid Common Mistakes at the Scene

What you say and do at the scene can have significant consequences. Therefore, it is crucial to remain calm and avoid these common mistakes:

• Do NOT Admit Fault: Even if you think you may have been partially to blame, do not apologize or admit fault to the other driver or to the police. Instead, stick to the facts of what happened. Liability can be complex, and you may not have all the information.
• Do NOT Discuss the Accident Extensively: You should limit your conversation with the other driver to exchanging necessary information. Additionally, avoid getting into an argument or discussing the details of the crash.
• Do NOT Downplay Your Injuries: Adrenaline can mask pain. Even if you feel “fine,” it is best to state that you are not sure if you are injured until a medical professional has evaluated you.

Critical Actions to Take Within 24-48 Hours

The steps you take in the days immediately following the accident are just as important as your actions at the scene. In fact, this is the period when you lay the groundwork for your physical and financial recovery.

Seek Medical Attention Immediately

This cannot be overstated. Even if you walked away from the accident feeling fine, you must get a medical evaluation. Many serious injuries, such as whiplash, soft tissue damage, or even traumatic brain injuries, can have delayed symptoms. Seeking prompt medical attention accomplishes two critical goals:

1. Protects Your Health: A doctor can identify and begin treating injuries before they worsen.
2. Protects Your Claim: It creates a medical record that directly links your injuries to the accident, which is essential for both your PIP claim and any potential personal injury lawsuit. Remember the 14-day rule—failing to do this will likely result in a denial of your PIP benefits.

Report the Accident to Your Insurance Company

You should notify your own insurance company about the accident as soon as possible, typically within 24 hours. This is a requirement under most insurance policies. When you report the accident, you should provide the basic facts: the date, time, location, and the other driver’s information. However, do not provide a detailed recorded statement or speculate on fault until you have spoken with an attorney. Your only goal at this stage is to officially open a claim so you can begin the process of accessing your PIP benefits.

Obtain the Official Crash Report

The police report is a crucial piece of evidence. You can typically obtain a copy of your Florida Traffic Crash Report a few days after the accident and purchase these reports online through the Florida Department of Highway Safety and Motor Vehicles (FLHSMV) portal. You should review the report carefully to ensure all the details are accurate. If you find any errors, you should contact the law enforcement agency that filed the report to see if a supplement can be added.

Begin Documenting Your Injuries and Expenses

You should start a file to keep all accident-related documents organized. This includes:

• Medical records and bills
• Receipts for any out-of-pocket expenses (e.g., prescriptions, medical devices)
• Correspondence from insurance companies
• A journal detailing your daily pain levels, physical limitations, and how the injuries are affecting your life.

Ultimately, this documentation will be invaluable when calculating the full extent of your damages.

Understanding Your Insurance Coverage in Florida

Navigating insurance after a Florida car accident can be confusing. Beyond the mandatory PIP and PDL coverage, there are optional coverages that can provide critical financial protection. Understanding what your policy covers is the first step toward a successful recovery.

Coverage Type	Required in Florida?	What It Covers
Personal Injury Protection (PIP)	Yes ($10,000 min.)	80% of your medical bills and 60% of your lost wages, regardless of fault.
Property Damage Liability (PDL)	Yes ($10,000 min.)	Damage you cause to another person’s vehicle or property. It does not cover your own vehicle.
Bodily Injury Liability (BIL)	No (but highly recommended)	Injuries or death you cause to others in an at-fault accident. Required for drivers with a history of certain offenses.
Uninsured/Underinsured Motorist (UM/UIM)	No (but highly recommended)	Your medical expenses, lost wages, and pain and suffering if you are hit by a driver with no insurance or not enough insurance to cover your damages.
Collision Coverage	No	Damage to your own vehicle from a collision with another car or object, regardless of fault.
Comprehensive Coverage	No	Damage to your own vehicle from non-collision events like theft, fire, hail, or vandalism.

Why Uninsured Motorist (UM) Coverage is Crucial in Florida

Florida has one of the highest rates of uninsured drivers in the nation. In fact, some estimates suggest that over 20% of drivers on the road are uninsured, according to the Insurance Research Council. If an uninsured driver hits you and you suffer serious injuries, their lack of insurance means you could be left with significant medical debt and no way to recover your losses. This is where Uninsured/Underinsured Motorist (UM/UIM) coverage becomes a financial lifesaver. Specifically, it steps in to cover the damages that the at-fault driver should have paid for, including medical bills, future medical care, lost wages, and pain and suffering.

Florida Car Accident Laws You Must Know

Beyond insurance requirements, Florida has specific laws that govern car accident claims. Therefore, understanding these laws is critical to protecting your rights and ensuring you do not forfeit your opportunity to seek compensation.

Statute of Limitations: A Ticking Clock

The statute of limitations is a law that sets a strict time limit on your right to file a lawsuit. If you miss this deadline, you lose your right to sue forever. In Florida, recent legislative changes have shortened the window for filing a car accident lawsuit.

• Personal Injury Claims: For most car accident personal injury claims, you have two years from the date of the accident to file a lawsuit. This was changed from four years for any accidents occurring after March 24, 2023, as detailed in Florida Statute § 95.11.
• Property Damage Claims: You have four years from the date of the accident to file a lawsuit for damage to your vehicle or other property.
• Wrongful Death Claims: If a car accident results in a fatality, the family of the deceased has two years to file a wrongful death lawsuit.

Because of these strict deadlines, it is imperative to contact a car accident attorney as soon as possible to preserve your legal rights.

The Serious Injury Threshold Explained

As mentioned earlier, to sue an at-fault driver for pain, suffering, and other non-economic damages, your injuries must cross the “serious injury threshold.” This is a legal hurdle designed to keep minor injury claims within the no-fault system. Let’s look at what qualifies:

• Significant and Permanent Loss of an Important Bodily Function: This could include the loss of use of a limb, organ damage, or a significant impairment of a bodily system.
• Permanent Injury: A doctor must determine, with a reasonable degree of medical probability, that your injury is permanent. This often involves reaching a point of “maximum medical improvement” (MMI) where further recovery is not expected.
• Significant and Permanent Scarring or Disfigurement: This is more than a minor scar; it must be significant and permanent in nature.
• Death: A fatality automatically meets the threshold.

Modified Comparative Negligence: The 51% Rule

In 2023, Florida shifted from a “pure” comparative negligence system to a “modified” comparative negligence system, as enacted in Florida Statute § 768.81. This change has a significant impact on your ability to recover damages if you are found to be partially at fault for the accident.

• The Old Rule (Pure Comparative Negligence): You could recover damages even if you were 99% at fault, although your compensation would be reduced by your percentage of fault.
• The New Rule (Modified Comparative Negligence): You can only recover damages if you are found to be 50% or less at fault for the accident. If you are found to be 51% or more at fault, you are barred from recovering any compensation at all.

Consequently, this new law makes it more important than ever to have a strong case that minimizes your degree of fault. Insurance companies will aggressively try to shift blame to reduce or eliminate their payout, making experienced legal representation essential.

Dealing with Insurance Companies

After an accident, you will likely be contacted by insurance adjusters from both your own company and the at-fault driver’s company. It is crucial to remember that insurance adjusters are not on your side. In fact, their primary goal is to protect their company’s bottom line by minimizing the amount they pay out on claims.

What to Expect from Insurance Adjusters

Adjusters are trained negotiators. They may seem friendly and helpful, but their job is to find reasons to devalue or deny your claim. For instance, they may:

• Try to get you to admit partial fault.
• Ask for a recorded statement hoping you will say something that hurts your case.
• Request broad medical authorizations to dig into your past medical history for pre-existing conditions.
• Offer a quick, lowball settlement before the full extent of your injuries is known.

Recorded Statements: What You Need to Know

You are generally required to cooperate with your own insurance company, which may include providing a statement. However, you are not obligated to provide a recorded statement to the other driver’s insurance company. It is highly advisable to politely decline their request until you have consulted with a car accident attorney. If you do provide a statement, anything you say can be used against you. For example, adjusters are skilled at asking leading questions that can be twisted to imply fault or that your injuries are not severe.

How to Protect Your Claim

• Stick to the Facts: When speaking with any insurance representative, provide only the basic, factual details of the accident.
• Do Not Speculate: Do not guess about fault, speed, or other details. If you don’t know, say you don’t know.
• Do Not Sign Anything: Do not sign any documents, especially a release of all claims, without having them reviewed by an attorney. Signing a release will permanently end your right to seek further compensation.
• Keep a Record: Take notes of every conversation with an adjuster, including the date, time, who you spoke with, and what was discussed.

Common Mistakes That Can Destroy Your Claim

Even if you have a strong case, simple mistakes can significantly reduce the value of your claim or even lead to a complete denial. Therefore, being aware of these common pitfalls is the first step to avoiding them.

Social Media Pitfalls

In today’s digital age, insurance companies regularly investigate claimants’ social media profiles. In fact, a seemingly innocent post can be taken out of context and used as evidence against you.

• Posting About the Accident: Avoid discussing the details of the accident or your injuries online.
• Posting Photos or Videos: A photo of you engaging in physical activity, even if you are in pain, can be used to argue that your injuries are not as severe as you claim.
• Accepting Friend Requests from Strangers: Investigators may try to gain access to your private profile.

It is best to refrain from posting on social media altogether until your claim is resolved. If you must use it, you should set all your profiles to private and be mindful of what you share.

Missing Critical Deadlines

As discussed, Florida has strict deadlines. Missing them can be fatal to your claim.

• The 14-Day Medical Treatment Rule: Failure to seek treatment within 14 days will likely bar you from receiving PIP benefits.
• The 2-Year Statute of Limitations: Failure to file a lawsuit within two years will permanently prevent you from recovering damages for your injuries.

Inadequate Documentation

A lack of evidence weakens your claim. This includes failing to:

• Take photos and videos at the scene.
• Get a police report.
• Keep all medical records and bills.
• Document your lost wages and out-of-pocket expenses.

Accepting a Premature Settlement

Insurance companies often offer a quick, lowball settlement to close a case cheaply. While it can be tempting to accept the immediate cash, this is almost always a mistake. You may not know the full extent of your injuries or the future medical treatment you will need. Once you accept a settlement and sign a release, you cannot ask for more money later, even if your condition worsens.

When to Hire a Florida Car Accident Attorney

While you can handle a very minor property damage claim on your own, it is in your best interest to consult with an experienced Florida car accident attorney in many situations. The legal and insurance processes are complex, and a skilled attorney can protect your rights and significantly increase your chances of receiving fair compensation.

You should consider hiring an attorney if:

• You or a passenger were injured, especially if the injuries are serious or permanent.
• Liability is disputed, and the other driver is blaming you for the accident.
• The insurance company is denying your claim or offering a low settlement.
• The accident involved multiple parties, such as in a multi-vehicle pile-up.
• The at-fault driver was uninsured or underinsured.
• The accident involved a commercial vehicle, such as a semi-truck or delivery van.
• You are unsure of your rights or the value of your claim.

An attorney can handle all communications with the insurance companies, gather the necessary evidence, hire experts if needed, and negotiate for a settlement that covers the full extent of your damages. If a fair settlement cannot be reached, they can file a lawsuit on your behalf and represent you in court.

Special Circumstances in Florida Car Accidents

Not all car accidents are straightforward. In fact, certain situations introduce additional layers of complexity. Here’s how to handle some special circumstances.

Hit-and-Run Accidents

If the at-fault driver flees the scene, it is a crime. Your first priority is to try to remember and write down as many details as possible about the fleeing vehicle, including the make, model, color, and license plate number (even a partial number helps). You should report this to the police immediately. In this situation, your Uninsured Motorist (UM) coverage is your primary path to compensation for injuries, making it an invaluable part of your insurance portfolio.

Accidents with Uninsured or Underinsured Drivers

As mentioned, Florida has a high rate of uninsured drivers. If you are hit by a driver with no Bodily Injury Liability coverage, or whose coverage is insufficient to cover your damages, you will need to turn to your own UM/UIM policy. This is why it is so important to carry this optional but essential coverage.

Multi-Vehicle Accidents

Determining fault in a multi-vehicle pile-up can be incredibly complex. In fact, it may involve multiple at-fault parties and several insurance companies. It is extremely difficult to navigate these claims without legal assistance. An experienced attorney can help investigate the crash, determine the percentages of fault for each driver, and coordinate claims with all involved insurers.

Accidents Involving Commercial Vehicles

Accidents with commercial trucks, delivery vans, or rideshare vehicles (like Uber or Lyft) involve different rules and much larger insurance policies. These cases often involve corporate defendants who will have aggressive legal teams working to minimize their liability. If you are involved in an accident with a commercial vehicle, it is crucial to contact an attorney immediately to level the playing field.

Frequently Asked Questions (FAQ)

Q: Do I have to call the police after a minor car accident in Florida?

A: You are legally required to report any accident involving injuries, death, or apparent property damage of $500 or more. Even for minor accidents, it is highly recommended to call the police to create an official record of the incident.

Q: How long do I have to see a doctor after a car accident in Florida?

A: You must seek medical treatment within 14 days of the accident to be eligible for Personal Injury Protection (PIP) benefits. If you miss this deadline, you will likely forfeit your right to this coverage.

Q: Can I be compensated for pain and suffering in Florida?

A: Yes, but only if your injuries meet the “serious injury threshold” as defined by Florida law. This means you must have a significant and permanent loss of a bodily function, a permanent injury, significant and permanent scarring or disfigurement, or the accident resulted in death.

Q: What if I am partially at fault for the accident?

A: Under Florida’s modified comparative negligence rule, you can still recover damages as long as you are not found to be more than 50% at fault. Your compensation will be reduced by your percentage of fault. If you are 51% or more at fault, you cannot recover any damages.

Q: How long do I have to file a car accident lawsuit in Florida?

A: For personal injury claims, you have two years from the date of the accident to file a lawsuit. For property damage claims, the deadline is four years.

Q: Should I talk to the other driver’s insurance company?

A: You should not provide a recorded statement to the other driver’s insurance company without first consulting with an attorney. Politely decline their request and provide only your basic contact information.

Contact Pencheff & Fraley for a Free Consultation

Navigating the aftermath of a car accident in Florida can be a daunting task. From understanding complex insurance laws to meeting critical deadlines and dealing with aggressive insurance adjusters, the process is filled with potential pitfalls that can jeopardize your recovery. You do not have to face it alone.

At Pencheff & Fraley, our experienced team of Florida car accident attorneys is dedicated to protecting the rights of injury victims. We have a proven track record of holding negligent parties accountable and securing the maximum compensation our clients deserve. We understand the tactics insurance companies use to minimize claims, and we are prepared to fight for you every step of the way.

If you have been injured in a car accident, do not wait to get the legal guidance you need.
Click here for Our specific Ohio guide on what to do after a car accident. 

Contact us today for a free, no-obligation consultation. We will review your case, answer your questions, and explain your legal options. Learn how we can help you on the road to recovery. Pay nothing unless we win your case.

Call us at 866-267-6979 or visit our website at www.pencheffandfraley.com to schedule your free case consulatation.

 

Author: Pencheff and Fraley Legal Team

Disclaimer: This article is for informational purposes only and does not constitute legal advice. Every case is unique, and you should consult with a qualified attorney about your specific situation.