What to Do After a Car Accident in Florida: Step-by-Step

The Steps to Take After a Car Accident in Florida

If you're able, work through these in order. If you're hurt, your health comes first — the rest can wait or be handled by someone helping you.

1. Check for injuries and call 911. Report any injuries so paramedics are dispatched. Even a "minor" crash can cause injuries that aren't obvious at the scene.
2. Get to safety. If the vehicles are drivable and it's safe, move them out of traffic and turn on your hazard lights. If not, leave them and get yourself to a safe spot.
3. Report the crash to police. Florida law requires reporting a crash that causes injury, death, or apparent property damage (Fla. Stat. §316.065–316.066). Ask how to obtain the crash report and write down the reporting officer and agency.
4. Exchange information — without admitting fault. Get the other driver's name, license, insurance, plate, and contact info. Be polite, but don't apologize or speculate about cause; fault is decided later from the evidence.
5. Document the scene. Photograph all vehicles, damage, the roadway, skid marks, traffic signs/signals, and your visible injuries. Get names and numbers of any witnesses before they leave.
6. Get medical care within 14 days. See a doctor promptly even if you feel "mostly fine." Under Florida's 14-day PIP rule, waiting longer than two weeks can forfeit your Personal Injury Protection benefits entirely.
7. Notify your own insurer — carefully. You generally must report the crash to your own company. But you do not have to give the other driver's insurer a recorded statement, and it's wise not to before getting advice.
8. Keep records of everything. Save medical bills and records, repair estimates, proof of missed work, and a short daily note on your symptoms. These documents are what prove the value of a claim.
9. Talk to an attorney before accepting an offer. Early settlement offers often come before anyone knows the full extent of your injuries. A free consultation before you sign a release costs nothing and protects your options.

The 14-Day Rule: Don't Wait to Get Medical Care

Florida is one of the only states with a hard medical deadline after a crash. To be eligible for Personal Injury Protection (PIP) benefits at all, you generally must receive initial medical care within 14 days of the accident (Fla. Stat. §627.736). Miss that window and the insurer can deny the entire PIP claim — even if your injuries turn out to be serious.

There's a second catch: PIP pays up to the full $10,000 only if a medical provider determines you have an "emergency medical condition." Without that finding, benefits are capped at $2,500. This is exactly why prompt evaluation matters — adrenaline masks injury, and conditions like concussions, whiplash, and disc injuries often surface days later. For the full breakdown, see our guide to Florida's 14-day PIP rule.

What Not to Do After a Crash

A few common missteps do real damage to a claim:

• Don't admit fault or apologize at the scene — it can be used against you later.
• Don't skip or delay medical care. Gaps in treatment are the first thing an insurer uses to argue you weren't really hurt.
• Don't give a recorded statement to the other driver's insurer before speaking with an attorney. Adjusters are trained to ask questions that minimize your claim. Here's why you're not required to.
• Don't accept the first settlement check. Once you sign a release, you generally can't reopen the claim — even if your condition worsens.
• Don't post about the crash on social media. Photos and comments are routinely used to dispute injuries.

How Your Bills Get Paid: Florida's No-Fault System

Florida is a no-fault state, which means your own PIP coverage pays first after a crash, regardless of who caused it. PIP covers 80% of reasonable and necessary medical bills and 60% of lost wages, up to the $10,000 limit. You file this with your own insurer, not the other driver's.

For a smaller crash, PIP may be all you need. But $10,000 goes quickly when there's an ambulance ride, imaging, and follow-up care — and PIP pays nothing for pain and suffering. When the losses run past what PIP covers, the question becomes whether you can pursue the at-fault driver directly. If you were hurt, our Florida car accident attorneys can walk you through which coverages apply to your situation.

When You Can File a Claim Beyond PIP

Florida law lets you step outside the no-fault system and pursue the at-fault driver for the full value of your damages — including pain and suffering — when your injury meets the serious-injury threshold in Fla. Stat. §627.737: a permanent injury, significant and permanent scarring or disfigurement, significant and permanent loss of an important bodily function, or death.

Serious crashes frequently cross that line — for example, a traumatic brain injury, a herniated disc requiring surgery, or a permanent orthopedic injury. When you do file against the at-fault driver, Florida's modified comparative-negligence rule applies: your recovery is reduced by your share of fault, and a person found more than 50% at fault recovers nothing (HB 837). That's one more reason to preserve the evidence that shows what really happened.

The Two-Year Deadline to File a Claim

Under Florida's 2023 tort-reform law (HB 837), the statute of limitations for most negligence-based injury claims is two years from the date of the crash — cut down from the old four-year rule. Wrongful-death claims also run two years, from the date of death.

Frequently Asked Questions