Knowing what to do after a car accident legally in Florida can be the difference between a full recovery and a denied claim. Florida is a no-fault state with strict statutory duties at the scene, a 14-day medical treatment window for PIP benefits, and — under HB 837 (signed March 24, 2023) — a shortened 2-year statute of limitations for negligence claims arising from crashes on or after that date. This step-by-step guide walks you through every legal obligation, deadline, and right under current Florida law, written by trial attorneys who handle these cases every day.

Step 1: Stop, Move to Safety, and Check for Injuries

Florida law requires every driver involved in a crash to stop immediately at the scene or as close to it as possible without obstructing traffic more than necessary. Under Fla. Stat. § 316.027, leaving the scene of a crash involving injury or death is a felony; under § 316.061, leaving the scene of a crash involving only property damage is a second-degree misdemeanor. If your vehicle is drivable and the crash is minor, Fla. Stat. § 316.061(1) actually directs drivers to move vehicles out of the travel lanes to prevent further collisions. Turn on hazard lights, set up flares or triangles if available, and check yourself and passengers for injuries before stepping out.

Step 2: Call 911 and Report the Crash

Florida requires immediate notification to law enforcement when a crash results in injury, death, or apparent property damage of at least $500 (Fla. Stat. § 316.065). Practically speaking, you should call 911 for almost any collision. A responding officer will complete a Florida Traffic Crash Report (long form) when there are injuries or significant damage; for minor crashes, you may be directed to file a self-report (short form) within 10 days using HSMV Form 90011S. The official crash report is one of the most important pieces of evidence in any later insurance claim or lawsuit — never skip it.

Step 3: Exchange Information — But Do Not Admit Fault

Fla. Stat. § 316.062 requires drivers to exchange name, address, vehicle registration, and, upon request, driver license information with any other driver, passenger, or injured person. You must also provide your insurance information under Fla. Stat. § 316.646. Be polite but factual. Do not apologize, do not say 'I didn't see you,' and do not speculate about who caused the crash. Statements at the scene are often used by insurance adjusters to reduce or deny claims under Florida's modified comparative negligence rule (Fla. Stat. § 768.81, as amended by HB 837 in 2023), which now bars recovery entirely if you are found more than 50% at fault.

Step 4: Document the Scene Thoroughly

Use your phone to photograph all vehicles from multiple angles, license plates, the position of vehicles on the road, traffic signals and signs, skid marks, debris, road and weather conditions, and any visible injuries. Capture the other driver's insurance card and driver license. If there are witnesses, get their names and phone numbers — police often do not canvass for witnesses in minor crashes. Note the names and badge numbers of responding officers and the report number you will need to obtain your crash report from FLHSMV.

Step 5: Seek Medical Attention Within 14 Days (the PIP Rule)

This is the single most important deadline most Florida drivers do not know about. Under Fla. Stat. § 627.736(1)(a), to receive Personal Injury Protection (PIP) medical benefits — up to $10,000 — you must obtain initial medical care from a qualifying provider within 14 days of the crash. Miss this window and you forfeit PIP medical coverage entirely, regardless of how serious your injuries become later. Even if you feel fine, get evaluated. Soft-tissue injuries, concussions, and internal injuries commonly present 24 to 72 hours after a crash. Acceptable initial providers include licensed physicians, hospitals, dentists, physician assistants, ARNPs, and EMTs/paramedics rendering emergency services.

Step 6: Understand the Emergency Medical Condition (EMC) Requirement

Florida PIP only pays the full $10,000 if a qualifying provider determines you have an 'emergency medical condition' (EMC) as defined in Fla. Stat. § 627.732(16). Without an EMC determination, PIP benefits are capped at $2,500. Only certain providers — physicians, osteopaths, dentists, physician assistants, and ARNPs — can issue the EMC determination. Chiropractors cannot. If you are seriously injured, make sure an MD, DO, DDS, PA, or ARNP documents an EMC finding in your records as early as possible.

Step 7: Notify Your Insurance Company Promptly

Florida auto policies require 'prompt' notice of a crash, typically within a few days. Failure to notify can be grounds for denial. Report the basic facts only — date, time, location, other driver's information — and do not provide a recorded statement to any insurer (yours or the other driver's) before consulting a lawyer. Adjusters are trained to ask leading questions that can lock you into damaging answers. You are not legally required to give a recorded statement to the at-fault driver's insurer.

Step 8: Know Florida's No-Fault System

Florida is one of a small number of no-fault auto insurance states. Under Fla. Stat. § 627.736, your own PIP coverage pays 80% of reasonable medical expenses and 60% of lost wages up to $10,000, regardless of who caused the crash. To step outside the no-fault system and sue the at-fault driver for pain and suffering, you must meet the 'serious injury threshold' in Fla. Stat. § 627.737(2): 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. A qualified personal injury attorney can evaluate whether your injuries cross the threshold.

Step 9: Mind the Statute of Limitations (HB 837 Changed Everything)

Before March 24, 2023, Florida gave injured drivers four years to file a negligence lawsuit. HB 837 cut that in half. For crashes on or after March 24, 2023, you have only 2 years from the date of the crash to file a personal injury lawsuit under Fla. Stat. § 95.11(5)(a). Wrongful death actions remain at 2 years under § 95.11(5)(e). Claims against state or local government entities (such as a crash with a county vehicle) require a separate 3-year written notice under Fla. Stat. § 768.28(6) and have a 4-year SOL. Miss the deadline and your claim is barred — period.

Step 10: Understand Modified Comparative Negligence

HB 837 also replaced Florida's pure comparative negligence with a modified 51% bar. Under the current Fla. Stat. § 768.81(6), if a jury finds you more than 50% at fault for the crash, you recover nothing. At 50% or less, your recovery is reduced by your percentage of fault. This change makes it more important than ever to avoid statements at the scene that could shift blame, and to work with counsel who can build a strong liability case from the crash report, witness statements, ECM/black-box data, and traffic-camera footage.

Step 11: Preserve Evidence and Avoid Social Media

Do not repair or junk your vehicle until your insurer and (if relevant) your attorney have documented the damage. Save medical bills, prescription receipts, mileage to and from medical appointments, and any out-of-pocket expenses. Keep a pain journal. And stay off social media — defense lawyers routinely subpoena Facebook, Instagram, and TikTok accounts, and a single photo of you smiling at a family event can be used to argue you are not really injured.

Step 12: When to Hire a Florida Personal Injury Attorney

You should consult a lawyer immediately if anyone was seriously injured or killed; if the at-fault driver was uninsured, underinsured, or commercial; if the insurer disputes liability or delays payment; or if you are being asked to give a recorded statement or sign a release. Most Florida personal injury attorneys, including The Farber Law Firm, work on a contingency-fee basis — no fee unless you recover — and offer free initial consultations.

Frequently Asked Questions

How long do I have to report a car accident to police in Florida? You must report immediately if there is injury, death, or apparent property damage of $500 or more (Fla. Stat. § 316.065). If police do not come to the scene, you must file a self-report within 10 days on HSMV Form 90011S.

What if I feel fine after the crash — do I still need to see a doctor? Yes. To preserve your $10,000 PIP medical benefit you must be seen by a qualifying provider within 14 days under Fla. Stat. § 627.736(1)(a). Many injuries appear days later. Skipping this step waives the benefit completely.

Can I sue the other driver in Florida? Only if your injuries meet the serious-injury threshold in Fla. Stat. § 627.737(2) — typically permanent injury, significant scarring, or death. Otherwise, your remedy is limited to PIP and property damage.

How long do I have to file a lawsuit after a Florida car accident? For crashes on or after March 24, 2023, the statute of limitations is 2 years under Fla. Stat. § 95.11(5)(a), as amended by HB 837. Older crashes follow the prior 4-year SOL.

What if the other driver was uninsured? File a claim under your own uninsured/underinsured motorist (UM/UIM) coverage if you have it. Florida does not require UM, but it is highly recommended. An attorney can also investigate whether a third party — employer, vehicle owner, or bar that overserved a drunk driver — may share liability.

Should I accept the insurance company's first settlement offer? Almost never. Initial offers are typically a fraction of true case value and made before the full extent of medical treatment is known. Once you sign a release, you cannot reopen the claim — even if your condition worsens.

Key Takeaways

Stop, call 911, and never leave the scene — felony exposure under Fla. Stat. § 316.027 if injury or death is involved
Exchange information but do not admit fault; HB 837's 51% bar makes scene statements more dangerous than ever
See a qualifying medical provider within 14 days or forfeit your $10,000 PIP benefit (Fla. Stat. § 627.736(1)(a))
Get an EMC determination from an MD, DO, DDS, PA, or ARNP to unlock the full $10,000 PIP coverage
The statute of limitations is now 2 years for crashes on or after March 24, 2023 (Fla. Stat. § 95.11(5)(a))
Florida is modified comparative negligence — more than 50% at fault means zero recovery
Do not give recorded statements or sign releases without speaking to a lawyer first

If you or a loved one were injured in a Florida car accident, The Farber Law Firm in Coral Gables offers free, no-obligation consultations and serves clients throughout Miami-Dade, Broward, Palm Beach, and all of Florida. Call 8888-FARBER or request a case review online.

This article is for general informational purposes only and does not constitute legal advice. Laws change; consult a licensed Florida attorney about your specific situation.

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