What to Do After a Car Accident in Florida

Florida’s car accident laws are complicated and constantly changing. The 2023 reforms alone fundamentally altered how these cases work.

---

In my 40-plus years handling personal injury cases in Florida, I’ve seen thousands of car accidents and I can tell you that what you do in the hours and days immediately following a crash can make or break your ability to recover fair compensation. Many accident victims make critical mistakes simply because they don’t know Florida’s unique laws or understand how insurance companies operate.

I’ve personally worked on over 50,000 cases and time again, I’ve watched good people lose out on compensation they deserved because they didn’t take the right steps after their accident. This guide will walk you through exactly what to do and what not to do if you’re involved in a car accident in Florida.

Stop and Remain at the Scene

This is not optional. Florida law requires you to stop immediately if you’re involved in any accident regardless of how minor it may seem.​

It is a serious crime in Florida to leave the scene of an accident especially if there are injuries. No matter how scared or confused you are, you must stay at scene until law enforcement clears you to leave.

Under Section 316.065 of Florida Statutes, if your accident involves injury, death or at least $500 in estimated vehicle or property damage, you are legally required to remain at the scene and contact local law enforcement immediately.​

Check for Injuries and Call 911

Your first priority should always be safety yours and everyone else’s.

Before you worry about insurance or liability, make sure everyone is okay. Call 911 right away if anyone is injured or complains of pain. 

Florida law requires law enforcement to file a long form crash report for any accident that results in injury, a complaint of pain, death, suspected DUI, hit and run, involvement of a commercial vehicle or damage requiring a tow truck. This report becomes critical evidence for your claim.​

Exchange Information with Other Drivers

Once you’ve confirmed everyone’s safety exchange essential information with other driver(s) involved. You’ll need:

• Full name and contact information
• Driver’s license number
• Insurance company name and policy number
• Vehicle make, model, year and license plate number
• Contact information for any passengers

If the other driver doesn’t have insurance or refuses to provide information you should get their license plate number and report this to law enforcement immediately. 

Document Everything at the Scene

In today’s world, everyone has phone camera in their pocket. Use it.

Also document:

• Weather conditions
• Road hazards or defects
• Traffic control devices (lights, signs, lane markings)
• Visible injuries
• The final resting position of all vehicles

If there are witnesses, get their contact information. Independent witness testimony can be crucial especially in disputed liability cases.

Seek Medical Attention Immediately Within 14 Days

This is absolutely critical in Florida and it’s where many accident victims make a fatal mistake that costs them thousands of dollars.

Florida has a strict 14-day rule for medical treatment. If you don’t see a qualified medical provider within 14 days of your accident, you lose your eligibility for Personal Injury Protection benefits. That’s $10,000 in coverage that just disappears if you wait too long.

Report the Accident to Your Insurance Company But Be Careful

You must notify your insurance company about the accident promptly usually within a few days, depending on your policy terms. However, you need to be extremely careful about what you say.​

When you report the accident, stick to basic facts: when it happened, where it happened and who was involved. Do not give a recorded statement without speaking to attorney first.

Common mistakes people make when talking to insurance adjusters include:

• Guessing what caused the accident
• Downplaying injuries (“I’m fine, just a little sore”)
• Admitting any degree of fault
• Agreeing to settle before knowing the full extent of injuries
• Signing medical authorizations that give blanket access to all medical records

File a Crash Report If Police Don’t Respond

If law enforcement doesn’t come to the scene which sometimes happens with minor accidents you’re still required to report the crash to the Florida Department of Highway Safety and Motor Vehicles.​

You can complete ‘Driver Report of Traffic Crash (Self Report)’ or ‘Driver Exchange of Information’ online at the FLHSMV website. This report must be filed if accident resulted in injury, death or property damage exceeding $500.​

So When Can You Step Outside the No-Fault System

The no fault system limits your ability to sue the at fault driver but it doesn’t eliminate it entirely. Under Florida law, you can pursue claim against the at fault driver for all your damages including pain and suffering if your injuries meet the ‘serious injury threshold’.​

According to Florida Statute 316.027, a serious injury includes:

• 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 your injuries meet this threshold, you can pursue compensation beyond PIP limits including:

• All medical expenses
• All lost wages and loss of earning capacity
• Pain and suffering
• Emotional distress
• Loss of enjoyment of life
• Permanent disability or disfigurement

Be Aware of Florida’s New Comparative Negligence Rules

In 2023, significant changes were made to Florida Personal Injury Law that dramatically affect car accident claims.​

As of March 24, 2023, Florida now uses a modified comparative negligence system with 51% bar. Under this new system, if you are found to be 51% or more at fault for the accident, you cannot recover any compensation whatsoever.​

That’s why gathering evidence at scene and building strong case is more important than ever.

Know Your Deadlines – They’re Shorter Than You Think

Another major change in 2023 cut the statute of limitations for personal injury claims in half.​

This two year deadline applies to accidents that occurred on or after March 24, 2023. If your accident happened before that date, the old four year statute of limitations may still apply but don’t assume it does without checking with attorney.​

Other critical deadlines include:

• 14 days to seek medical treatment to maintain PIP eligibility​
• Prompt notice to your insurer (usually within a few days, per your policy)
• 30 days for PIP payment (insurers must pay within 30 days of receiving proof of your claim)​

Missing deadline can be fatal to your claim. The sooner you act, the better your chances of full recovery.

When You Should Call an Attorney

Many people wonder when they need to hire lawyer after a car accident. Here’s my honest answer:

You definitely need an attorney if:

• You sustained significant injuries requiring ongoing medical treatment
• Your injuries may be permanent or long-lasting
• You’ve exceeded your PIP coverage limits
• The other driver was uninsured or underinsured
• Liability is disputed
• The insurance company is denying or undervaluing your claim
• You’re being pressured to settle quickly
• Multiple parties were involved in the accident
• The accident involved a commercial vehicle

Consultations with personal injury attorneys are free.. You have nothing to lose by calling and everything to gain. A lawyer can tell you within one conversation whether you have a case worth pursuing and what it’s likely worth. Then you can make an informed decision about whether to hire an attorney.

What Not to Do After a Car Accident

Let me close with a list of common mistakes that can seriously damage your claim:

1. Don’t leave the scene: This is a crime that can result in jail time, fines, and license suspension.
2. Don’t admit fault: Even saying I’m sorry can be used against you.
3. Don’t post on social media: Insurance companies regularly monitor accident victim social media accounts looking for anything they can use to deny or reduce claims. 
4. Don’t give a recorded statement to any insurance company without consulting an attorney first.
5. Don’t sign any documents from the other driver’s insurance company, especially medical authorizations or releases.
6. Don’t wait to seek medical treatment as there is a 14 day deadline for PIP eligibility.
7. Don’t miss medical appointments or ignore your doctor’s treatment recommendations. Insurance companies will argue that if you don’t think your injuries were serious enough to follow through with treatment, they must not be serious.
8. Don’t discuss your case with anyone except your attorney. Anything you say to friends, family, or coworkers could potentially be used against you.
9. Don’t accept a settlement offer without understanding the full value of your claim.
10. Don’t wait until the last minute to contact an attorney. Evidence disappears, witnesses forget details and surveillance footage gets deleted. The sooner we can begin investigating your case the stronger it will be.

Final Thoughts

Florida’s car accident laws are complicated and constantly changing. The 2023 reforms alone fundamentally altered how these cases work. Insurance companies have teams of adjusters, investigators, and attorneys working to minimize what they pay out. You need someone equally experienced and aggressive on your side.