Car Accident — Florida

Car Accident in Florida — What You Need to Know

Florida has specific laws that directly affect the value of your car accident claim and your deadline to file. Understanding them before you speak with any insurance company is critical.

Statute of Limitations

Florida statute of limitations for car accident claims: 2 years from the date of the accident (Fla. Stat. § 95.11). Missing this deadline permanently bars your claim.

Florida Pure Comparative Fault and PIP No-Fault System

Florida is a no-fault state that requires all drivers to carry Personal Injury Protection (PIP) coverage of at least $10,000 (Fla. Stat. § 627.736). Your own PIP pays 80% of your medical bills and 60% of lost wages up to $10,000 regardless of who caused the accident. To step outside the no-fault system and sue the at-fault driver for pain and suffering, you must meet Florida's 'serious injury' threshold — permanent injury, significant scarring or disfigurement, or significant limitation of use of a body function or system. Florida also follows pure comparative fault (Fla. Stat. § 768.81) — you can recover even if you were 99% at fault, though your recovery is reduced by your percentage of fault.

Florida-Specific Tip

Florida reduced its statute of limitations for car accident claims from 4 years to 2 years effective March 24, 2023. Cases filed after that date must be filed within 2 years of the accident. File your PIP claim with your own insurer within 14 days of the accident — missing this deadline can eliminate your PIP benefits entirely. Florida's I-95, I-4, and I-75 corridors are among the most dangerous interstates in the nation.

📊 Florida follows pure comparative fault — you can recover even if partially at fault.

What To Do After a Car Accident in Florida

1

Call 911 — a police report is required for insurance claims involving injury in Florida

2

Exchange insurance, license, and vehicle registration information with all drivers

3

Photograph all vehicles, license plates, road conditions, traffic signals, and injuries

4

Get witness contact information before anyone leaves the scene

5

Seek medical attention within 24 hours — even if you feel fine

6

Do NOT admit fault or apologize at the scene

7

Report to your own insurer but do not give a recorded statement to the other driver's insurer without an attorney

8

Contact a Florida personal injury attorney before accepting any settlement offer

Frequently Asked Questions — Car Accident in Florida

How long do I have to file a car accident lawsuit in Florida?

2 years from the date of the accident. 2 years from date of injury (Fla. Stat. § 95.11(3)(a)) — Note: Florida reduced its SOL from 4 years to 2 years effective March 24, 2023. Missing this deadline permanently bars your claim regardless of how serious your injuries are.

What fault rules apply to car accidents in Florida?

Florida is a no-fault state that requires all drivers to carry Personal Injury Protection (PIP) coverage of at least $10,000 (Fla. Stat. § 627.736). Your own PIP pays 80% of your medical bills and 60% of lost wages up to $10,000 regardless of who caused the accident. To step outside the no-fault system and sue the at-fault driver for pain and suffering, you must meet Florida's 'serious injury' threshold — permanent injury, significant scarring or disfigurement, or significant limitation of use of a body function or system. Florida also follows pure comparative fault (Fla. Stat. § 768.81) — you can recover even if you were 99% at fault, though your recovery is reduced by your percentage of fault.

How much is a car accident case worth in Florida?

Florida car accident settlements depend on injury severity, medical costs, lost wages, and strength of liability. Minor injury cases may settle for $10,000-$50,000. Serious injury cases frequently settle for $100,000 to over $1 million.

Do I need a Florida personal injury attorney for a car accident?

Studies consistently show that represented accident victims receive 3-4 times more compensation than unrepresented victims — even after attorney fees. Florida PI attorneys work on contingency, so there is no upfront cost to get representation.

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