A car crash in Florida triggers a unique set of insurance rules that surprise many people, because Florida is a no-fault state. Your own insurance pays first, and you can only sue the at-fault driver for pain and suffering in certain circumstances. This guide explains how Florida car accident claims work, from the first 14 days through a possible lawsuit.
This is general information, not legal advice. Auto-claim rules are technical and the facts of each crash matter, so confirm anything important with a licensed Florida attorney.
Florida is a no-fault state
Every owner of a registered vehicle in Florida must carry $10,000 in Personal Injury Protection (PIP) (Fla. Stat. § 627.736). After a crash, PIP pays your medical bills and a portion of lost wages regardless of who caused the accident. The trade-off is that you generally cannot sue the at-fault driver for your injuries unless you meet a statutory threshold. PIP is your first stop, but it is capped and rarely covers a serious injury in full. For the mechanics of PIP itself, see our PIP and no-fault guide.
The critical 14-day rule
To receive PIP benefits, you must seek initial medical care within 14 days of the accident (Fla. Stat. § 627.736). Miss that window and you can lose PIP coverage entirely. Moreover, you only receive the full $10,000 if a qualified provider certifies that you have an Emergency Medical Condition (EMC); without an EMC determination, PIP benefits are limited to $2,500. The lesson is simple: get examined promptly, even if you feel fine, because adrenaline masks many injuries.
When you can step outside no-fault and sue
You can pursue a liability claim against the at-fault driver for pain and suffering and other non-economic damages only if your injury crosses the serious-injury threshold (Fla. Stat. § 627.737). That threshold requires, in significant part, one of the following:
• Significant and permanent loss of an important bodily function;
• Permanent injury within a reasonable degree of medical probability;
• Significant and permanent scarring or disfigurement; or
• Death.
If you meet the threshold, you can recover from the at-fault driver's bodily-injury liability coverage for medical bills beyond PIP, full lost wages, and pain and suffering. Whether an injury is "permanent" is frequently the central dispute in these cases and usually requires supporting medical testimony.
The two-year deadline to file suit
Under the 2023 tort-reform law, the statute of limitations for car-accident negligence claims accruing on or after March 24, 2023 is two years from the date of the crash (Fla. Stat. § 95.11(4)(a)). Older claims may still fall under the prior four-year rule. Wrongful-death claims arising from a fatal crash run two years from the date of death. Our statute of limitations guide covers the timing details.
Comparative fault in crash cases
Florida follows modified comparative negligence with a 51% bar (Fla. Stat. § 768.81). If you share blame for the crash, your recovery is reduced by your percentage of fault — and if you are found more than 50% at fault, you recover nothing. Insurers often try to shift blame onto the injured driver to reduce or eliminate a payout, so preserving evidence of how the crash happened is essential. See our comparative negligence guide.
Uninsured and underinsured motorist coverage
Florida requires PIP and property-damage liability coverage, but it does not require drivers to carry bodily-injury liability coverage. That leaves a large share of Florida drivers uninsured or underinsured for the harm they cause. Your own uninsured/underinsured motorist (UM/UIM) coverage — which is optional but strongly recommended — can pay for your injuries when the at-fault driver cannot. Checking every available policy is one of the first things a lawyer does.
Steps to take after a Florida crash
• Call 911 and get a police report; Florida law requires reporting crashes with injury or significant property damage.
• Seek medical care within 14 days to preserve PIP.
• Photograph the vehicles, the scene, and any visible injuries.
• Collect the other driver's insurance information and witness contacts.
• Notify your own insurer, but be cautious giving recorded statements to the other driver's insurer.
• Keep records of bills, repair estimates, and missed work.
Frequently asked questions
Do I sue the other driver or use my own insurance?
Both, in sequence. Your own PIP pays first regardless of fault (Fla. Stat. § 627.736). You can sue the at-fault driver for pain and suffering only if your injury meets the serious-injury threshold in Fla. Stat. § 627.737.
What if I feel fine after the crash?
Still get examined within 14 days. Many injuries, especially soft-tissue and neck injuries, surface days later, and missing the 14-day window can cost you your PIP benefits entirely.
How long do I have to file a car-accident lawsuit?
Generally two years from the crash for claims accruing on or after March 24, 2023 (Fla. Stat. § 95.11(4)(a)). Confirm your specific deadline with an attorney, since older claims may differ.
The other driver had no insurance — what now?
Florida does not require bodily-injury liability coverage, so this is common. Your own uninsured/underinsured motorist coverage may pay for your injuries, and an attorney can identify any other responsible parties or policies.
Find a Florida personal injury attorney
Car-accident claims in Florida are governed by the no-fault system, the serious-injury threshold, and a two-year deadline. For the full picture, see our complete personal injury guide and our PIP and no-fault guide. If you have been hurt in a crash, consider speaking promptly with a licensed Florida personal injury attorney. Most offer free consultations and work on contingency.