Car Accident Lawyer

Experiencing an automobile crash can be overwhelming, but taking prompt, organized steps can protect your safety, preserve evidence, and safeguard your legal rights under Florida law.

Florida operates under a no-fault insurance system, meaning your own insurance typically covers initial medical and wage losses regardless of who caused the accident. However, following specific procedures is crucial to comply with state requirements and position yourself for full recovery if another driver’s negligence contributed to the crash.

In cases involving fatal car accidents or fatal crashes, families may also have grounds for a wrongful death claim in addition to insurance coverage. Even non-life-threatening situations can result in severe injuries, making it important to seek medical attention right away.

Common causes include distracted driving, speeding, and failing to operate a vehicle safely. Unfortunately, these factors often lead to fatal accidents, leaving victims and their loved ones to deal with long-term consequences.

 Immediate Steps at the Scene

Your first priority is safety. Florida law requires drivers to remain at the scene and assist others, but rushing can lead to mistakes. Here’s what to do right away:

• Ensure Safety and Check for Injuries: Move your vehicle out of traffic if possible to avoid further collisions. Florida Statutes § 316.061 emphasizes yielding the right-of-way and preventing additional hazards. Turn on hazard lights and set up flares or triangles if available. Check yourself, passengers, and others involved for injuries. Even minor-seeming impacts can cause hidden issues like whiplash or concussions, which may not appear until later.

• Call 911 if Necessary: Under F.S. § 316.065, immediately notify law enforcement if the crash involves injury, death, property damage of $500 or more (including vehicle towing), a commercial vehicle, or if someone leaves the scene (hit-and-run). Call 911 for emergencies; otherwise, call local police or the Florida Highway Patrol. Do not attempt to move seriously injured people, as this could worsen their harm. For non-emergency crashes not meeting these thresholds, you can self-report later, but calling the police is still recommended for an official report, which serves as key evidence.

• Exchange Information: F.S. § 316.062 requires drivers to provide name, address, vehicle registration, driver’s license, and insurance details to others involved. Politely request the same from the other driver(s). Do not admit fault or discuss the accident details beyond basics – this could be used against you in claims or court. If the other driver flees, note their license plate, vehicle description, and direction of travel.

Practical Example: Imagine a rear-end collision on I-95 during rush hour. You pull over safely, check for injuries, and call 911 because your bumper is damaged (likely over $500). While waiting for the police, you exchange info with the other driver but avoid saying, “I’m sorry, I didn’t see you” – this could imply fault.

Documenting the Incident

Thorough documentation strengthens insurance claims and potential lawsuits. Florida courts and insurers rely on evidence to determine fault and damages.

• Gather Evidence at the Scene: Take photos or videos of the vehicles’ positions, damage from multiple angles, road conditions, traffic signs, and any injuries (without invading privacy). Note weather, time, and location. Witness statements are very important – get names and contact info from bystanders. If safe, sketch a diagram showing how the crash occurred.

• Obtain the Police Report: If police respond, they’ll file a Florida Traffic Crash Report (Long Form for serious incidents or Short Form for minor ones) under F.S. § 316.066. This includes officer observations, diagrams, and fault assessments. Request a copy immediately or online via the Florida Department of Highway Safety and Motor Vehicles (“FLHSMV”) portal at FloridaCrashPortal.gov (processing takes 4-6 weeks by mail). Reports are confidential for 60 days but accessible to involved parties.

• Self-Report if Needed: For crashes not requiring on-scene police (e.g., minor damage under $500 with no injuries), file a Driver Report of Traffic Crash (Self-Report) or Driver Exchange of Information form with FLHSMV within 10 days. F.S. § 316.066. Download from flhsmv.gov and mail to the address provided. Failure to report can result in a second-degree misdemeanor, fines up to $1,000, and license suspension.

Practical Example: In a parking lot “fender-bender” with $300 damage and no injuries, no police are needed on-site. You exchange information, take photos, and submit a self-report within 10 days. This creates a record in case disputes arise later.

Seeking Medical Attention

Injuries aren’t always obvious; adrenaline can mask them. Florida’s no-fault system prioritizes quick care.

• Get Evaluated Promptly: See a doctor within 14 days, even if you feel fine. Under F.S. § 627.736, this is required for Personal Injury Protection (“PIP”) benefits, which cover 80% of medical expenses and 60% of lost wages up to $10,000, regardless of fault. Delaying disqualifies you from full PIP coverage (limited to $2,500 without initial treatment). For serious injuries, go to the ER immediately.

• Document Medical Care: Keep all records, bills, prescriptions, and diagnoses. If an Emergency Medical Condition – like severe pain or organ dysfunction – is certified by a qualified provider within the 14-day period, it allows you to access the full $10,000 in PIP benefits for your medical expenses and lost wages (80% of medical bills and 60% of lost wages, respectively).

Practical Example: After a side-impact crash, you have neck soreness but drive home. Two days later, headaches start – seeing a doctor then qualifies you for PIP, linking symptoms to the accident via records.

Reporting to Insurance and Understanding Coverage

Florida requires minimum coverage: $10,000 PIP and $10,000 Property Damage Liability (“PDL”). Bodily Injury Liability is optional but common.

• Notify Your Insurer: Report the crash to your company as soon as possible – most policies require prompt notice (often within 30 days). Provide your police report, photos, and details without admitting fault. As a no-fault state, file with your PIP first for medical/wage losses. If another driver’s negligence caused serious injury (e.g., permanent impairment), you can pursue their liability coverage or sue after PIP exhausts.

• No-Fault Threshold for Lawsuits: Florida Statute § 627.737 limits lawsuits for pain and suffering unless you meet the “serious injury” threshold: significant scarring, permanent injury, or death. Otherwise, stick to PIP/PDL claims.

• Property Damage: PDL covers others’ vehicle/property damage you cause (minimum $10,000). Your collision coverage handles your repairs, minus the deductible.

Practical Example: In a crash where the other driver ran a red light, your PIP pays initial ER bills. If you suffer a fractured vertebra (permanent injury), you can later claim against their liability for pain, lost income, etc.

Key Legal Principles and Deadlines in Florida

Florida’s laws balance quick recovery with accountability. Recent reforms emphasize timeliness.

• Fault Determination: Florida follows the doctrine of modified comparative negligence (or “comparative fault,” the term used under Florida law). F.S. § 768.81. If you’re 50% or less at fault, you recover damages reduced by your percentage, e.g., 30% fault on $10,000 damages = $7,000 recovery. If you’re 51% or more at fault, you are completely barred from recovery.

• Statute of Limitations: For negligence-based personal injury claims (like car crashes), you have 2 years from the accident date to file a lawsuit. F.S. § 95.11(5)(a), amended March 24, 2023. This shortened window from 4 years applies to incidents after that date, missing it forfeits your right to sue. PIP claims must start within 30 days of treatment, but full claims within policy limits.

Practical Example: If injured on September 18, 2025, you must file suit by September 18, 2027. If 40% at fault (e.g., slight speeding), your $50,000 claim reduces to $30,000.

Additional Considerations

• Avoid Common Mistakes: Don’t sign insurer statements without review, post about the crash on social media (insurers monitor for inconsistencies), or delay care.

• Uninsured Drivers: About 20% of Florida drivers lack coverage. Your Uninsured Motorist policy can help if you have it.

• Government Involvement: For crashes involving a government vehicle or a public road, you must provide written notice of your claim to the appropriate government agency within a specific timeframe, which can be as short as six months from the date of the incident. This formal notice is a crucial step that must be taken before filing a lawsuit, which must be done within the three-year statute of limitations for claims against the state or its subdivisions.

Yes, you may be able to file a wrongful death lawsuit in Florida if your loved one’s death in an automobile accident was caused by another person’s negligence, such as reckless driving, distracted operation of a vehicle, or failure to obey traffic laws.

Florida’s Wrongful Death Act, codified in Florida Statutes §§ 768.16-768.26, specifically allows for such claims when a death results from these kinds of wrongful acts, providing surviving family members a legal pathway to seek compensation for their losses. However, eligibility depends on specific circumstances, including the relationship to the deceased and proof of the at-fault party’s responsibility.

 Understanding Florida’s Wrongful Death Law in Automobile Accidents

Florida law recognizes that a fatal car crash can devastate not just the victim but their entire family. Under the Wrongful Death Act, the focus shifts from what the deceased might have recovered if they survived (like pain and suffering) to compensating the survivors for the ongoing impact of the loss. The law applies directly to automobile accidents because they often involve “negligence” – a legal term meaning someone failed to act with reasonable care, leading to harm.

In these situations, families may pursue a Florida wrongful death claim to seek financial compensation for damages such as lost support, services, and companionship. Victims’ families also have important legal options that can help them hold the at-fault party accountable. Since automobile crashes remain a leading cause of wrongful death cases in Florida, understanding the protections under the law is essential for surviving family members.

• What Makes an Accident “Wrongful” for a Lawsuit? For a claim to succeed, you must show that the other driver’s (or party’s) negligence directly caused the death. Common examples include speeding, running a red light, driving under the influence, or texting while driving. Even if the accident involved a commercial vehicle like a truck, the same principles apply, though additional federal regulations might come into play.

• Key Legal Principle: Comparative Negligence. Florida follows a “modified comparative negligence” rule, which affects how fault is shared. This means:

  • If the deceased was less than 51% at fault, the family can recover damages, but the award is reduced by the deceased’s percentage of blame, e.g., if the deceased was 30% at fault, you’d receive 70% of the total damages.

• If the deceased was 51% or more at fault, no recovery is allowed – the claim is barred entirely.

This rule ensures fairness but can complicate cases where evidence shows shared responsibility, like in multi-vehicle crashes.

To illustrate: Imagine a head-on collision where Driver A (the deceased) veered slightly into the oncoming lane due to fatigue, but Driver B was speeding excessively. If evidence proves Driver B was 70% at fault, the family could pursue a claim and receive 70% of recoverable damages. However, if Driver A were found 55% responsible (perhaps for not wearing a seatbelt in a manner that worsened the outcome), the lawsuit would fail under the 51% rule.

Who Can File a Wrongful Death Lawsuit?

Not just anyone can sue – Florida law limits claims to protect the interests of those most directly affected. The lawsuit must be brought by the personal representative of the deceased’s estate (often named in a will or appointed by the court). F.S. § 768.20. This person acts on behalf of the “survivors,” who are entitled to benefits under the law. F.S. § 768.18. Eligible survivors include:

• The decedent’s spouse.

• The decedent’s children (with “minor children” defined as those under 25 years of age, regardless of the age of majority).

• The decedent’s parents.

• Any blood relatives or adoptive siblings who were partly or wholly dependent on the decedent for support or services at the time of death.

• A child born out of wedlock to the mother is included, but a child born out of wedlock to the father is included only if the father had acknowledged responsibility for the child’s support.

Siblings, distant relatives, or friends generally cannot file, though they might benefit indirectly if they were financially dependent. All potential beneficiaries must be named in the initial court filing to avoid disputes later. If no personal representative has been appointed, one must be established through the probate court first, which can add weeks or months to the process.

Practical Tip: In the emotional aftermath of a crash, gathering documents like death certificates, accident reports, and family records early can streamline this step.

What Damages Can Be Recovered?

Florida law outlines specific types of compensation in wrongful death cases, focusing on tangible and intangible losses to survivors rather than the deceased’s own suffering (which ends at death). F.S. § 768.21. These are not punitive (meant to punish) but compensatory (to make survivors “whole”). Common recoverable damages include:

• Economic Losses:

  • Lost financial support and services (e.g., the value of household chores or childcare the deceased provided).

  • Future earnings the family would have received, calculated based on the deceased’s age, income, and life expectancy.

  • Medical and funeral expenses have already been paid by the survivors.

• Non-Economic Losses:

  • Loss of companionship, guidance, and protection (for spouses and children).

  • Mental pain and suffering experienced by survivors from the date of the accident onward.

• Estate Damages:

  • The estate can claim lost future accumulations (what the deceased might have saved or inherited) and any estate-charged expenses.

Awards are distributed proportionally among survivors based on their losses – e.g., a spouse might receive more for lost companionship than a distant child. F.S. §§ 768.21 and 768.25.

Evidence like expert testimony on future earnings or family photos/testimony on emotional bonds strengthens claims. Average settlements in Florida auto-related wrongful death cases range widely, depending on factors like the deceased’s income and the at-fault party’s insurance limits.

Example Scenario: After a fatal rear-end collision caused by a delivery driver’s distraction, the surviving spouse and two young children might recover $500,000 for lost income (based on the deceased’s $80,000 salary), $200,000 for future support, and $300,000 for emotional losses, totaling $1 million – adjusted for any shared fault.

Important Deadlines and Procedural Rules

Time is critical in wrongful death claims – missing deadlines can permanently bar your case:

• Statute of Limitations: You have 2 years from the date of death to file the lawsuit. F.S. § 95.11(5)(e). This clock starts on the day of the decedent’s death, not the accident date. Exceptions are rare but might apply if the death was discovered later, e.g., in a hit-and-run.

• Other Key Rules:

• No-Fault Insurance Impact: Florida’s no-fault system covers initial medical costs via PIP insurance, but wrongful death claims bypass this for full compensation from the at-fault party’s liability coverage.

• Court Filing: Cases go to the circuit court in the county where the accident occurred. Discovery (evidence exchange) and possible settlement negotiations follow.

Delays for investigations (e.g., waiting for toxicology reports) are common, so consulting an attorney immediately preserves your rights.

Personal Injury Protection (“PIP”), often called no-fault insurance, is a mandatory component of auto insurance in Florida that helps cover medical expenses, lost wages, and other costs after a car accident, regardless of who caused the crash. This system aims to provide quick access to benefits without the need for lengthy fault determinations, but it has limits and specific rules that apply in automobile crash cases.

Young and inexperienced teen drivers often face a higher risk of collisions and rely on PIP for initial coverage. In areas such as West Palm Beach and Palm Beach County, these cases are particularly common, presenting challenges for accident victims. Drivers under the influence of drugs or those who lose control of the wheel also contribute to serious accidents.

For clients and their families, navigating the insurance process can be difficult, making professional guidance essential for understanding available options under Florida law.

What Is PIP and Why Is It Required in Florida?

Florida’s no-fault system, governed primarily by Florida Statute § 627.736, requires drivers to turn first to their own insurance for coverage after an accident, rather than immediately suing the other party.

This approach was designed to reduce minor lawsuits, speed up payments for medical care, and keep insurance premiums manageable. Every owner of a motor vehicle registered in Florida must maintain at least $10,000 in PIP benefits, which apply to the policyholder, their family members living in the household, passengers in the vehicle, and even pedestrians or cyclists injured by the insured vehicle. F.S. §§ 627.736 and 627.733.

PIP is “no-fault” because it pays out benefits without proving who caused the accident. F.S. §§ 627.736 and 627.731. This contrasts with at-fault systems in other states, where the responsible driver’s insurance covers the victim’s costs. In Florida, your PIP steps in first, up to the policy limit, even if you were at fault,

Under F.S. § 627.736, key benefits under PIP include:

• Medical Expenses: Covers 80% of reasonable and necessary medical bills, such as doctor visits, hospital stays, surgeries, medications, and rehabilitation.

• Lost Wages: Reimburses 60% of income lost due to inability to work, including if you’re self-employed.

• Replacement Services: Pays for help with household tasks you can’t perform, like cleaning or childcare, up to $5,000 if not using the death benefit option.

• Death Benefit: Provides $5,000 (or up to the remaining policy limit after other benefits) to the deceased’s estate or survivors.

Exclusions may apply, such as for intentional acts, racing, or injuries while committing a felony. PIP also doesn’t cover property damage – that falls under Property Damage Liability (“PDL”) coverage, which is also required at $10,000 minimum. F.S. §§ 627.736, 627.733, and 324.021. 

 How PIP Applies in Automobile Crash Cases

In an auto crash, PIP activates immediately to cover your eligible expenses, regardless of fault. Here’s how it typically works:

1. Immediate Aftermath: After the accident, you file a claim with your own auto insurer. They review medical records and bills to determine what’s “reasonable and necessary.”

2. Coordination with Other Insurance: PIP is typically the primary payer for accident-related medical expenses. Your health insurance will usually only begin to cover costs after your PIP benefits have been exhausted.

3. Limits and Exhaustion: Once you reach the $10,000 limit (or higher if you purchased more coverage), PIP benefits stop. At that point, you may need to use other insurance or pay out-of-pocket unless you can pursue the at-fault driver.

4. Stepping Outside No-Fault (The Serious Injury Threshold): Florida’s no-fault law limits your ability to sue the at-fault driver for non-economic damages like pain and suffering. To “step outside” the system and file a lawsuit, your injuries must meet the “serious injury threshold” under F.S. §§ 627.737 and 627.736. This includes:

5. Significant and permanent loss of an important bodily function (e.g., inability to walk without assistance).

6. Permanent injury within a reasonable degree of medical probability (e.g., a herniated disc confirmed by MRI).

7. Significant and permanent scarring or disfigurement.

8. Death. 

If your injuries don’t meet this threshold, you’re limited to PIP and any other insurance you have.

At-Fault Driver’s Role: If the threshold is met, you can sue for excess medical costs, full lost wages, and non-economic damages. Florida follows a modified comparative negligence rule, where you can recover damages reduced by your percentage of fault, but only if you’re 50% or less at fault.

If you are found to be more than 50% at fault, you are barred from recovering any damages from the other party. PIP also covers passengers and pedestrians, drawing from the vehicle owner’s policy if they don’t have their own.

Practical Examples of PIP in Action

To illustrate, consider these common scenarios:

• Minor Fender-Bender: You rear-end another car and suffer whiplash. Your doctor bills total $3,000, and you miss a week of work ($1,000 in wages). PIP covers 80% of medical ($2,400) and 60% of wages ($600), totaling $3,000 from your $10,000 limit. Since injuries aren’t permanent, you can’t sue for pain. PIP handles it all.

• Serious Collision: A distracted driver hits you, causing a broken leg with permanent mobility issues (meeting the serious injury threshold). Medical bills hit $15,000, and you lose $5,000 in wages. PIP pays $10,000 (80% of $12,500 medical = $10,000, exhausting the limit). You can then sue the at-fault driver for the remaining $5,000 medical, full wages, and pain/suffering.

• Pedestrian Accident: You’re walking and are struck by a car. If you have auto insurance, your PIP applies; otherwise, the driver’s PIP covers you up to their limit.

These examples show PIP’s role as a safety net, but it may not cover everything in severe cases.

Key Deadlines and Procedural Rules

Timing is critical in PIP claims to avoid denials:

• 14-Day Treatment Rule: You must receive initial medical treatment within 14 days of the accident to qualify for benefits. However, to be eligible to receive the full $10,000 in benefits, a physician must determine that you have an “Emergency Medical Condition” (“EMC”). If no EMC is diagnosed, your coverage is limited to $2,500 for emergency services.

• Claim Submission: Insurers often require bills to be submitted promptly. Under Florida law, medical providers generally have 35 days from the date of service to submit their bills to the PIP insurer to ensure timely payment. While your policy may outline other deadlines, it is crucial for medical providers to adhere to this timeframe to avoid delays or potential denials.

• Statute of Limitations for PIP Claims: You have 5 years to sue your insurer if it wrongly denies benefits, based on the breach of the insurance contract. The 5-year period begins when the insurer denies or fails to pay the benefits, not from the date of the accident.

• Statute of Limitations for Lawsuits: For personal injury suits against the at-fault party, you have 2 years from the date of the accident if the accident occurred on or after March 24, 2023. For accidents that occurred before that date, the statute of limitations remains 4 years. This applies statewide and can’t be extended without rare exceptions.

Failing to comply with these deadlines can bar recovery, so document everything and act promptly. Understanding PIP’s application in automobile crash cases can make a significant difference in your recovery process, ensuring you get the benefits you’re entitled to under Florida law.

In Florida, fault in automobile accident cases is primarily determined by proving negligence – who failed to exercise reasonable care while driving, leading to the crash.

However, Florida operates under a no-fault insurance system for basic injury claims, meaning initial compensation often comes from your own insurance regardless of who caused the accident.

For more serious injuries, you can pursue compensation through a claim against the at-fault party, where fault is apportioned based on evidence and the state’s modified comparative negligence rules.

Many law firm websites encourage victims to request a free consultation to better understand their rights. These cases often affect grieving families who deserve justice and accountability.

Accidents may occur due to sudden changes in traffic flow, higher speeds, or impaired driving involving alcohol, which contribute to some of the highest numbers of crashes in Florida. To reduce risks and avoid accidents, drivers should remain cautious and practice defensive driving to stay safe on the road.

Florida’s No-Fault Insurance System: The Starting Point for Most Claims

Florida is a no-fault state, which means that after a car accident, drivers typically turn to their own insurance policies for initial coverage of medical bills and lost wages, regardless of who was at fault. This is governed by Florida Statute § 627.736, which requires all drivers to carry at least $10,000 in Personal Injury Protection (“PIP”) insurance. PIP covers 80% of reasonable medical expenses and 60% of lost wages, up to the policy limit, and it applies even if you caused the accident. F.S. § 627.736.

• Why no-fault? The system aims to speed up compensation for minor injuries and reduce lawsuits over small claims. Property damage, however, is handled on an at-fault basis through Property Damage Liability (“PDL”) insurance, which requires a minimum of $10,000 coverage. F.S. §§ 627.733 and 324.021.

• Limits of no-fault: PIP only covers economic losses like medical costs and wages—it doesn’t address pain and suffering or long-term impacts. If your injuries meet a “serious injury threshold” (explained below), you can step outside the no-fault system and file a claim or lawsuit against the at-fault driver. F.S. §§ 627.736 and 627.737.

When Fault Matters: Stepping Outside No-Fault for Serious Injuries

If your injuries are severe, Florida law allows you to seek compensation from the at-fault driver for damages beyond what PIP covers, including non-economic losses like pain and suffering. To do this, your injury must qualify as “serious” under F.S. § 627.737, which 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.

In these cases, fault becomes central. Florida uses a negligence standard to determine fault: Did the driver breach a duty of care (e.g., by speeding or texting), and did that breach directly cause the accident and injuries?

How Fault Is Determined: Key Evidence and Factors

Fault isn’t always clear-cut, especially in multi-vehicle crashes or disputes over what happened. Insurance companies, investigators, and courts (if a lawsuit is filed) review evidence to assign responsibility. Common factors include:

• Police Reports: Officers at the scene document details like weather, road conditions, and any traffic violations (e.g., running a red light). While not definitive, these reports often carry significant weight.

• Eyewitness Statements: Independent witnesses can describe what they saw, such as who swerved or failed to yield.

• Video and Photographic Evidence: Dashcam footage, traffic cameras, or cell phone photos of skid marks, vehicle damage, and the scene help reconstruct the accident.

• Traffic Laws and Violations: Florida’s traffic code, F.S. Chapter 316, outlines rules like speed limits and right-of-way. A citation for reckless driving can strongly indicate fault.

• Expert Analysis: Accident reconstruction experts may use data from vehicle black boxes (event data recorders) to analyze speed, braking, and impact angles.

• Driver Admissions or Behavior: Statements at the scene or evidence of impairment (e.g., DUI) can establish negligence.

In practice, fault is often negotiated between insurance adjusters first. If unresolved, it may go to mediation, arbitration, or trial, where a judge or jury typically decides based on a “preponderance of the evidence” standard.

Practical Example: Imagine a rear-end collision on I-95. Generally, the rear driver is presumed at fault for following too closely. F.S. § 316.0895. But if evidence shows the front driver suddenly braked without reason (e.g., road rage), fault could be shared or shifted. Eyewitnesses and dashcam video would be crucial here.

Florida’s Modified Comparative Negligence Rule: Sharing Fault

Florida follows a “modified comparative negligence” system under F.S. § 768.81. This means:

• Fault can be divided among multiple parties (e.g., 70% on Driver A, 30% on Driver B).

• Your compensation is reduced by your percentage of fault.

• If you’re found more than 50% at fault, you recover nothing (the “51% bar rule”).

Practical Example: In a two-car intersection crash, if your damages total $100,000 and you’re 40% at fault (e.g., for minor speeding), you can recover $60,000 from the other driver. But if you’re 51% at fault (e.g., for ignoring a stop sign), you are completely barred from any recovery.

In multi-vehicle accidents, fault might be apportioned among several drivers, complicating claims. Always document everything to protect your share of recovery.

Important Deadlines and Procedural Rules in Florida

Time is critical in automobile accident cases – missing deadlines can bar your claim forever.

• Statute of Limitations: You have 2 years from the accident date to file a personal injury lawsuit, F.S. § 95.11(5)(a), a reduction from 4 years pre-March 2023. This applies to negligence claims filed on or after March 24, 2023.

• PIP Claim Deadlines: You must seek medical treatment within 14 days of the accident to qualify for full PIP benefits. Notify your insurer promptly.

• Reporting Requirements: Report crashes causing injury, death, or $500+ in damage to police immediately. Failure can lead to penalties.

• Insurance Filing: Submit PIP claims to your insurer first. If pursuing the at-fault party, provide a demand letter with evidence before suing.

If uninsured or hit by an uninsured driver, you may use Uninsured Motorist coverage, but fault still needs to be determined for subrogation.

 Potential Challenges and Tips for Victims

• Disputed Fault: Insurers may downplay their driver’s responsibility. Gather evidence independently and consider hiring an investigator.

• Multiple Parties: In chain-reaction crashes, fault analysis can involve experts to trace causation.

• Hit-and-Run: Fault defaults to the fleeing driver, but claims go through your UM coverage.

• Government Vehicles: Special rules apply, with shorter notice periods (e.g., six months for claims against the state).

To strengthen your case, avoid admitting fault at the scene, seek immediate medical care, and keep records of all expenses.

While this overview provides a solid foundation based on current Florida law, automobile crash cases often involve nuances that require personalized evaluation. We recommend consulting a qualified Florida personal injury attorney as soon as possible to assess your specific situation and protect your rights.