What should I do after a car accident in Florida?
Florida is one of the few remaining no-fault (PIP) states, governed by the Florida Motor Vehicle No-Fault Law (Fla. Stat. §§ 627.730-627.7405).
1. Immediate Steps at the Scene
2. Mandatory Reporting
3. No-Fault System & Minimum Insurance
Required: $10,000 PIP + $10,000 PDL (Fla. Stat. §§ 627.736, 324.022). Bodily injury liability is not mandatory (Florida is unique in this).
PIP pays 80% of medical bills and 60% of lost wages up to $10,000, regardless of fault. To sue the at-fault driver for pain and suffering, you must meet the "serious injury threshold" in § 627.737(2): permanent injury, significant scarring/disfigurement, significant/permanent loss of important bodily function, or death.
4. Modified Comparative Negligence (HB 837, 2023)
Effective March 24, 2023, Florida switched from pure to modified comparative negligence with a 51% bar (Fla. Stat. § 768.81). If you are more than 50% at fault, you recover nothing.
5. Statute of Limitations
HB 837 also reduced the negligence SOL from 4 years to 2 years (Fla. Stat. § 95.11(4)(a)) for causes of action accruing on or after March 24, 2023.
This is legal information, not legal advice.
- You missed or are nearing the 14-day PIP treatment deadline
- Your injuries may meet the 'serious injury' threshold for a tort claim
- Insurer claims you are 51%+ at fault under post-HB 837 rules
- Fla. Stat. § 316.066
- Fla. Stat. § 627.736
- Fla. Stat. § 627.737
- Fla. Stat. § 768.81
- Fla. Stat. § 95.11
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.