What to Do After a Car Accident in Florida: A Legal Guide From a Florida Attorney
By Anthony Jimenez, Esq.
Personal Injury Attorney – Serving Miami-Dade, Orlando & Statewide Florida
November 2025
•
8 min read
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A serious motor vehicle accident can leave injury victims overwhelmed, unsure of what to do next, and facing aggressive insurance adjusters who do not have their best interests in mind. Florida law has specific rules that determine how medical bills are paid, what evidence matters, and when a lawsuit may be required. Understanding these rules early on protects your right to compensation.
This guide explains the steps to take after a crash, how fault is proven in Florida, what the insurance process looks like in Miami-Dade and Orange County, and when hiring a personal injury lawyer can make a meaningful difference in the outcome of a case.
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Florida Is a No-Fault State — But That Does Not Mean All Claims End With PIP
Florida uses a no-fault auto insurance system, which means your own insurance company pays your initial medical bills and lost wages under Personal Injury Protection (PIP), regardless of who caused the accident.
PIP pays up to $10,000 in medical and wage benefits
You must seek treatment within 14 days to use PIP benefits
PIP does not cover pain and suffering or long-term disability
If injuries are serious, you may step outside the no-fault system and sue the at-fault driver
You may pursue a claim against the other driver's insurance if your injuries meet the "serious injury threshold", which includes:
Permanent injury
Significant scarring or disfigurement
Loss of bodily function
Death
Most cases involving fractures, surgery, herniated discs, or long-term impairment qualify.
Common Causes of Car Accidents in Florida
Florida consistently ranks among the highest states for traffic collisions, especially in high-density areas like Miami, Orlando, and South Florida tourist corridors. The most common causes include:
Distracted driving (texting, GPS use, social media)
Speeding or reckless driving
Drunk or impaired driving
Failure to yield / intersection violations
Commercial vehicle and rideshare accidents
Hit-and-run collisions (Florida has one of the highest rates in the U.S.)
Each type of accident requires different evidence to prove liability, which is why early investigation is critical.
What to Do Immediately After a Crash
1
Call 911 and request a police report.
A crash report is necessary for insurance claims and lawsuits.
2
Exchange information, but do not argue fault.
Anything said can later be used as evidence against you.
Florida PIP law requires treatment within 14 days, but the sooner the better for legal and medical reasons.
5
Do not speak to the other driver's insurance adjuster.
They are trained to minimize or deny claims, especially before medical treatment is complete.
How Long Do You Have to File a Personal Injury Claim in Florida?
As of 2023, Florida's statute of limitations for most personal injury cases is two years from the date of the accident.
However:
Wrongful death: Two years
Claims against government entities: Shorter notice deadlines
Uninsured motorist claims: Policy-dependent
Waiting too long means losing the legal right to compensation entirely.
What Compensation Can Injury Victims Recover?
Economic Damages
Non-Economic Damages
Medical bills
Pain and suffering
Future medical care
Emotional distress
Lost income
Loss of enjoyment of life
Reduced earning ability
Scarring/disfigurement
In severe cases involving drunk driving, hit-and-run, or reckless conduct, punitive damages may also be available.
Why Insurance Companies Undervalue Claims in Florida
Insurance carriers frequently:
Request recorded statements to use against victims
Claim injuries were "pre-existing"
Dispute medical costs as "not medically necessary"
Offer early low settlements before long-term prognosis is known
Delay payment to create financial pressure
A personal injury attorney handles all communication so the victim does not have to deal with these tactics.
Injury Claims in Miami-Dade vs. Orlando / Orange County
Miami-Dade (South Florida)
Highest crash rate in the state, heavier uninsured motorist issues, more rideshare and tourist-traffic collisions.
Orlando / Orange County
High rate of theme-park and rental-car accidents, major I-4 corridor commercial vehicle claims.
State law is the same, but local courts, jury tendencies, and insurer settlement behavior differ, which is why familiarity with both regions matters.
Frequently Asked Questions
How long does a personal injury case take in Florida?
Anywhere from a few months for a clear-liability insurance settlement to 12-24 months for cases requiring litigation.
Do I have to go to court?
Most cases settle without trial, but filing a lawsuit is often necessary to get a fair offer.
Can I still file a claim if I was partially at fault?
Yes. Under Florida's modified comparative negligence rule, you may recover damages if you are not more than 50% at fault.
What if the at-fault driver had no insurance?
You may pursue an uninsured/underinsured motorist (UM/UIM) claim through your own auto policy.
When to Contact a Personal Injury Lawyer
Consulting an attorney early on helps protect your rights, preserves evidence, and allows you to focus on healing while a legal team handles insurance issues and negotiation.
If you were injured in a car accident in Florida and have questions about the claims process, medical bills, or your legal options, contact a qualified personal injury attorney to discuss your situation.
Free Case Evaluation
If you've been injured in a Florida car accident, contact our office today for a free case evaluation. We serve clients throughout Miami-Dade, Orlando, and all of Florida.