Car accidents happen every day across Florida, from busy highways in Orlando and Tampa to local roads throughout Seminole County and beyond. Even a seemingly minor crash can result in serious injuries, lost income, and long term medical treatment. Understanding your rights under Florida law is critical to protecting your health and your financial future.
This guide explains what to do after a crash, how Personal Injury Protection insurance works, the statute of limitations, and how the settlement process typically unfolds.
What To Do Immediately After a Florida Car Accident
The steps you take in the minutes, hours, and days after a crash can significantly impact your claim.
- Call Law Enforcement
Under Florida law, accidents involving injury, death, or significant property damage must be reported. A police report creates an official record of what happened and often includes:
- Statements from drivers and witnesses
- The officer’s observations
- Diagrams of the scene
- Insurance information
Always request a copy of the crash report once it becomes available.
- Seek Medical Attention Right Away
Even if you feel fine, get checked by a medical professional as soon as possible. Many injuries, including whiplash, concussions, and internal injuries, may not show symptoms immediately.
Florida’s no fault insurance system also requires prompt medical treatment to qualify for certain benefits under your Personal Injury Protection coverage.
- Document the Scene
If you are physically able, gather evidence at the scene:
- Take clear photos of all vehicles involved
- Photograph visible injuries
- Capture road conditions, skid marks, debris, and traffic signals
- Get contact information from witnesses
- Exchange insurance and driver information
The more documentation you have, the stronger your claim may be.
- Avoid Admitting Fault
Do not apologize or make statements that could be interpreted as admitting responsibility. Fault determinations are often complex and based on evidence, not initial impressions.
- Notify Your Insurance Company
Promptly report the accident to your insurer. Provide basic facts, but avoid giving a recorded statement to the other driver’s insurance company without legal advice.
Understanding Florida Personal Injury Protection Insurance
Florida is a no fault state, which means your own insurance policy provides initial coverage regardless of who caused the accident.
What Is PIP?
Personal Injury Protection, commonly known as PIP, is mandatory for Florida drivers. It typically provides:
- 80 percent of reasonable and necessary medical expenses
- 60 percent of lost wages
- Up to $10,000 in total benefits
If your injuries are not considered an emergency medical condition, available benefits may be limited.
When Can You Step Outside the No Fault System?
You may pursue a claim against the at fault driver if your injuries meet Florida’s serious injury threshold. This can include:
- Significant and permanent loss of an important bodily function
- Permanent injury within a reasonable degree of medical probability
- Significant and permanent scarring or disfigurement
- Death
If the threshold is met, you may seek compensation for pain and suffering, full lost wages, and other damages not covered by PIP.
The Florida Car Accident Statute of Limitations
The statute of limitations sets the deadline for filing a lawsuit.
For most negligence based car accident claims in Florida, you generally have:
- Two years from the date of the accident to file a personal injury lawsuit
- Two years from the date of death in wrongful death cases
Failing to file within the applicable deadline can permanently bar your claim. Certain exceptions may apply, but they are limited and fact specific.
Because deadlines can be strict, it is important to consult with a car accident attorney as soon as possible.
The Car Accident Settlement Process
Most Florida car accident cases resolve through settlement rather than trial. Florida is a modified comparative fault state, meaning that you may only recover if you were 50% or less at fault. Understanding how the process works can help set realistic expectations.
- Investigation and Evidence Collection
Your attorney will gather:
- Police reports
- Medical records and bills
- Photographs and videos
- Witness statements
- Employment and wage documentation
In some cases, accident reconstruction experts may be used to establish fault.
- Determining the Value of Your Claim
Several factors influence the value of a case, including:
- Severity of injuries
- Cost of past and future medical treatment
- Lost wages and reduced earning capacity
- Pain and suffering
- Long term impact on daily life
A thorough evaluation is essential before entering negotiations. To estimate the value of your claim try a free Florida car accident settlement calculator.
- Demand Package and Negotiation
Once you reach maximum medical improvement or your future medical needs are clear, your attorney may send a demand letter to the insurance company outlining:
- Liability
- Medical treatment
- Damages
- A proposed settlement amount
The insurance company may accept, reject, or counter the demand. Negotiations often go back and forth before a resolution is reached.
- Filing a Lawsuit if Necessary
If the insurance company refuses to offer a fair settlement, filing a lawsuit may be the next step. Litigation does not always mean trial. Many cases settle during the discovery process or at mediation.
- Settlement or Trial
If a fair agreement is reached, you will sign a release in exchange for compensation. If not, your case may proceed to trial, where a jury determines fault and damages.
Common Causes of Florida Car Accidents
While every case is different, common causes include:
- Distracted driving
- Speeding
- Drunk or impaired driving
- Failure to yield
- Running red lights
- Rear end collisions
- Aggressive driving
Identifying the cause is key to proving negligence and recovering compensation beyond PIP benefits.
Why Acting Quickly Matters
Evidence can disappear quickly after a crash. Vehicles are repaired or totaled. Skid marks fade. Witnesses forget details. Insurance companies begin building their defense immediately.
Taking swift action helps preserve critical evidence and strengthens your position during negotiations.
Speak With a Florida Car Accident Attorney
After a car accident, you may be dealing with pain, medical appointments, vehicle repairs, and missed work. Insurance companies are focused on limiting payouts. Having an experienced Florida car accident attorney on your side can help level the playing field.
At Graves Law, we provide clear communication, honest guidance, and aggressive representation for injured clients throughout Florida. If you were hurt in a crash, you may be entitled to compensation beyond what the insurance company initially offers.
A free consultation can help you understand your options and protect your rights before critical deadlines pass.
Andrew Graves is a Florida personal injury attorney and the founder of Graves Law. He represents clients in car accidents, workers compensation, medical malpractice, truck accidents, and slip and fall cases throughout Florida. Andrew is committed to clear communication, strategic case preparation, and fighting for full compensation for injured clients. He offers free consultations and works closely with every client from start to finish to protect their rights.
