Car accident lawyer in Florida

How a Florida car accident claim works

After a crash in Florida, two systems run side by side.

The first is no-fault. Your own policy's personal injury protection (PIP) pays a share of your medical bills and lost income up to $10,000, whoever caused the crash. It is quick to start but limited in what it covers.

The second is a fault-based claim against the driver who caused the crash. It can pay for losses PIP does not, including pain and suffering, but Florida restricts it: the injury must meet a legal threshold, and the evidence has to show the other driver was careless.

Understanding which system applies to which expense is the first practical step. Our guides go deeper on PIP and no-fault insurance and on how fault is shared.

Short answer: get examined within 14 days, report the crash, protect your evidence, and be careful what you tell insurers. Then decide whether the injury is serious enough to need a lawyer. If there is any doubt, a free consultation costs nothing.

The first 72 hours

1. Safety. Move out of traffic if you can. Call 911 for any injury.
2. Report. Florida requires the driver of a vehicle in a crash involving injury, death, or apparent property damage of $2,000 or more to notify police, the sheriff or the Highway Patrol right away (Fla. Stat. § 316.065).
3. Document. Photograph all vehicles, plates, the road, signals, skid marks and your injuries. Get names and phone numbers of witnesses.
4. Exchange information. Name, insurer, policy number, plate. Skip the discussion of blame.
5. Get medical care. Even a stiff neck deserves an exam. Delay can hurt both your health and your claim.
6. Notify your insurer. Report the crash and keep a copy of what you send.
7. Do not sign or record anything for the other insurer until you understand your rights.

Why 14 days matters

The medical part of PIP generally requires initial treatment within 14 days of the crash (Fla. Stat. § 627.736). The first visit also shapes the record. If you were told you had an emergency medical condition, PIP can pay up to $10,000 for medical care; otherwise medical benefits are limited to $2,500. Ask for the paperwork.

What PIP covers, and what it leaves behind

PIP pays 80% of reasonable medical expenses and 60% of lost gross income, within the $10,000 total, and a $5,000 death benefit. It does not pay for pain and suffering, for car repairs, or for amounts above the limit.

Those gaps are where a claim against the at-fault driver can matter, as long as your injury meets the threshold in Fla. Stat. § 627.737(2): significant and permanent loss of an important bodily function, permanent injury, significant and permanent scarring or disfigurement, or death.

The other driver's insurance is often thin

Florida requires owners to maintain at least $10,000 in property damage liability (Fla. Stat. § 324.022). The state's mandatory coverages concentrate on PIP and property damage and do not require most drivers to carry bodily injury liability coverage. The practical results:

• the at-fault driver may have little or no insurance for your injuries;
• your own uninsured or underinsured motorist coverage, if you bought it, may be the most important part of your policy;
• if the driver was working, in a company vehicle, or driving for a rideshare or delivery service, additional insurers may be involved.

Look at your declarations page now, before you need it.

Common crash types and what each turns on

• Rear-end collisions. Often straightforward on fault, but injuries to the neck and back are frequently minimized by insurers. Consistent treatment matters.
• Intersection crashes. Disputes over signals and right of way. Video from nearby businesses and traffic cameras is time-sensitive.
• Lane-change and merging crashes. Fault can be shared. Photos of vehicle damage positions help reconstruct what happened.
• Parking-lot and low-speed crashes. Property damage can look small while injuries are real. Do not let that stop you from getting checked.
• Hit-and-run and uninsured drivers. Your own coverage may respond; the police report is critical.
• Crashes with commercial vehicles. See our truck accident page.

Evidence worth saving

• The police report number and, once available, the report.
• Photos and video of the scene and vehicles, and repair estimates.
• Medical records and bills, including an explanation of benefits from PIP.
• Pay stubs and a letter from your employer for missed work.
• A short diary of symptoms, appointments and activities you cannot do.
• Your own car's event data, which can be overwritten if the vehicle is repaired or sold; ask before it goes to the shop or salvage yard.

Insurance company contact

The other driver's insurer will probably call quickly. It is fine to give basic identification. You are not required to give a recorded statement, to guess about fault, or to sign broad medical authorizations. Your own insurer has duties of cooperation under the policy, so give it the facts it needs and keep your replies in writing where you can.

How fault affects what you recover

Florida compares fault. In most negligence cases, a person found more than 50% at fault generally cannot recover damages, and a smaller share reduces the award (Fla. Stat. § 768.81). Early photographs, witness names and records are what protect your side of the story.

Time limits

For incidents after March 24, 2023, Florida generally allows two years to file a negligence lawsuit (Fla. Stat. § 95.11). There are shorter practical deadlines too: 14 days for the PIP medical benefit, 30-day periods in PIP disputes, and evidence that can vanish within days. See our deadline guide.

When to hire a lawyer

Think about calling an attorney when:

• you have ongoing pain, surgery, or a diagnosis expected to last;
• the other driver blames you or the police report is unclear;
• the insurer denies or cuts PIP bills;
• the other driver may be uninsured, or the vehicle belonged to an employer;
• you are missing work, or you are unsure whether a settlement offer is fair.

Rodriguez & Williamson, PLLC meets clients in English or Spanish, and the first consultation is free and confidential. Ask how case costs are handled; it will be in your fee agreement.

Where to meet us

We meet clients by appointment at offices in Tampa, Orlando and Miami.

Local pages: Tampa, Orlando and Miami.

General information, not legal advice. Reading this page does not create an attorney-client relationship, and every case depends on its own facts. For qualifying personal injury matters the firm works on a contingency-fee basis, so attorney fees are not collected unless there is a recovery. Last updated: 2026-10-16.

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