What to Do After a Car Accident Legally in Florida (2026 Step-by-Step Guide)

A car crash in Florida triggers a specific legal clock — and the steps you take in the first 14 days often decide whether your claim is worth thousands or nothing at all. Florida is a no-fault state with mandatory Personal Injury Protection (PIP), a strict 14-day medical treatment window, and — since Governor DeSantis signed HB 837 in March 2023 — only a 2-year statute of limitations for negligence claims arising on or after March 24, 2023. This 2026 guide, written from a Miami personal-injury lawyer's perspective, walks you through exactly what to do legally after a car accident in Florida, in order. Nothing here is legal advice; every crash is different, and you should speak with a licensed Florida attorney about your specific situation.

Step 1: Stop, Stay Safe, and Never Leave the Scene

Florida Statute § 316.027 makes leaving the scene of a crash involving injury a felony. Even for a minor fender-bender, § 316.061 requires you to stop immediately, stay at the scene, and exchange information. Move vehicles out of traffic only if it is safe and there are no serious injuries. Turn on hazard lights, set out flares or triangles if you have them, and get yourself and your passengers to a safe location off the roadway.

Step 2: Call 911 — Always

In Florida, you are legally required to report any crash that involves injury, death, or apparent property damage of $500 or more (Fla. Stat. § 316.065). At 2026 repair prices, essentially every crash meets that threshold. Call 911 even if the other driver begs you not to. A police report (Florida Traffic Crash Report, Form HSMV 90010) is the single most important piece of evidence for your PIP claim and any later injury lawsuit. Request the report number before officers leave.

Step 3: Get Checked Out — Even If You Feel Fine

Adrenaline masks pain. Whiplash, concussions, and soft-tissue injuries often do not show symptoms for 24 to 72 hours. If EMS offers transport, accept it. If not, go to an ER, urgent care, or your primary doctor the same day. This is not just medical advice — it is legal survival: Florida's PIP statute (Fla. Stat. § 627.736(1)(a)) requires you to receive initial medical services within 14 days of the crash, or your $10,000 in PIP benefits is forfeited entirely.

Step 4: Document Everything at the Scene

Using your phone, capture:

• Wide shots of both vehicles, their positions, and the intersection or roadway

• Close-ups of all damage, license plates, and VIN plates

• Skid marks, debris fields, traffic signals, and any relevant signage

• The other driver's license, insurance card, and registration

• Names and phone numbers of every witness — police reports often omit them

• Video of the scene while walking around it, narrating what you see

If it is dark or raining, come back within 24 hours and take daylight photos of the location.

Step 5: Exchange Information — But Say Nothing About Fault

Florida law requires you to exchange name, address, vehicle registration, and insurance information. That is it. Do not apologize. Do not say 'I didn't see you.' Do not speculate about speed, right-of-way, or what you were doing on your phone. Anything you say can be used by the other driver's insurance company to reduce or deny your claim under Florida's modified comparative negligence rule — HB 837 now bars recovery entirely if you are found more than 50% at fault.

Step 6: Notify Your Own Insurance Company Promptly — But Carefully

Every Florida auto policy requires 'prompt' notification of a crash. Call your carrier within 24 hours to open a claim. Give them the basic facts: date, time, location, other driver's info, police report number. Do not give a recorded statement, do not estimate injuries, and do not accept a quick settlement offer. You are not required to give a recorded statement to the other driver's insurance company — and you generally should not.

Step 7: Understand Florida's No-Fault / PIP System

Regardless of who caused the crash, your own PIP coverage pays the first $10,000 of medical bills and lost wages (80% of medical, 60% of wages, subject to policy limits). You can only step outside PIP and sue the at-fault driver for pain and suffering if you 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.

Step 8: Know the 2-Year Deadline (HB 837)

For any Florida car accident occurring on or after March 24, 2023, the statute of limitations for negligence is 2 years from the date of the crash (Fla. Stat. § 95.11(4)(a)). Miss it and your claim is gone forever. Wrongful-death claims must also be filed within 2 years. Crashes before March 24, 2023 still fall under the old 4-year rule, but for anyone reading this in 2026, assume 2 years.

Step 9: Keep a Recovery File

Start a folder — physical or digital — the day of the crash. Keep:

• The crash report and exchange information

• Every medical bill, EOB, and treatment note

• Prescription receipts and mileage to and from appointments

• Pay stubs and a written log of missed work

• Repair estimates, rental-car invoices, and diminished-value appraisals

• A daily pain journal describing how the injuries affect sleep, work, and family life

Juries and adjusters believe contemporaneous notes far more than memory a year later.

Step 10: Talk to a Florida Personal-Injury Lawyer Before You Sign Anything

Insurance adjusters are trained to close claims fast and cheap. A common tactic is a 'full and final release' for a few thousand dollars within days of the crash — before you know whether you need surgery, physical therapy, or have a permanent injury. Once you sign, the claim is over. Florida personal-injury attorneys work on contingency (typically no fee unless you recover), so an initial consultation costs nothing and can prevent a costly mistake.

What NOT to Do After a Florida Car Accident

• Do not skip the ER or delay medical care past 14 days

• Do not post about the crash — or your injuries, or your recovery — on social media

• Do not give a recorded statement to the other driver's insurer

• Do not accept a first-offer settlement without legal review

• Do not agree to sign a medical authorization for the other driver's carrier — it is often overbroad and pulls unrelated records

• Do not repair or scrap your vehicle before the damage is documented and appraised

Special Situations

Hit-and-Run

If the other driver flees, call 911 immediately, get the plate if possible, and look for witnesses and nearby surveillance cameras. Your Uninsured Motorist (UM) coverage — if you have it — becomes your primary source of recovery.

Rideshare (Uber/Lyft) Crashes

Uber and Lyft carry $1 million liability policies that apply when the driver is on-app. Which policy pays depends on whether the driver was waiting for a ride, en route to a passenger, or actively transporting one.

Commercial Trucks

Trucking crashes trigger federal FMCSA regulations, driver-log preservation, and much higher policy limits. Send a spoliation letter fast to preserve the electronic logging device (ELD) and dashcam data.

Uninsured or Underinsured Driver

Roughly 20% of Florida drivers are uninsured. UM coverage on your own policy is the fix — and Florida law requires insurers to offer it in writing.

Miami-Specific Considerations

Miami-Dade consistently ranks among the most dangerous counties in Florida for traffic crashes. Common local scenarios include multi-vehicle pileups on I-95 and the Palmetto (SR 826), rideshare crashes in South Beach and Brickell, tourist-driver collisions on the MacArthur and Rickenbacker Causeways, and scooter and e-bike incidents in Wynwood and Coconut Grove. Miami-Dade Police, City of Miami Police, Coral Gables Police, and FHP all use the same statewide crash report form — request yours through the Florida Crash Portal about 10 days after the incident.

Frequently Asked Questions

How long after a car accident do I have to see a doctor in Florida?

14 days. Fla. Stat. § 627.736(1)(a) requires initial medical services within 14 days of the crash or you lose your $10,000 in PIP benefits entirely.

How long do I have to sue after a Florida car accident?

For crashes on or after March 24, 2023, the statute of limitations is 2 years under HB 837. Wrongful-death claims are also 2 years.

Do I have to call the police for a minor accident in Florida?

Yes, any time there is injury, death, or property damage of $500 or more — which in practice is nearly every crash.

Should I give a recorded statement to the other driver's insurance?

No. You are not legally required to, and it is almost always used to reduce or deny your claim.

What if I was partly at fault?

Under HB 837's modified comparative negligence rule, you can recover damages reduced by your percentage of fault — but only if you are 50% or less at fault. More than 50% and you recover nothing.

Talk to The Farber Law Firm

If you were hurt in a car accident anywhere in Miami-Dade, Broward, or South Florida, The Farber Law Firm offers free, confidential consultations. Founding attorney David Farber has represented injured Floridians since 1995 and handles personal-injury cases on a contingency basis — no fee unless we recover. Call (305) 774-4000 or visit our contact page to speak with a Miami personal-injury lawyer today.