Back to Questions
personal-injuryFL

What should I do after a car accident in Florida?

Federal & State Law Editorial TeamLast reviewed: 2026-04-30

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

  • Stop and exchange information (Fla. Stat. § 316.062). Leaving the scene of an injury crash is a felony (§ 316.027).
  • Call 911 for any injury or significant damage.
  • Document everything: photos, witnesses, plates.
  • 2. Mandatory Reporting

  • Police: Required for injury, death, hit-and-run, DUI, or commercial vehicles.
  • Crash report (Form HSMV 90011S): Required within 10 days if law enforcement did not file one AND damage exceeds $500 (§ 316.066).
  • Insurer: Notify promptly to preserve PIP coverage; you must seek initial treatment within 14 days to receive PIP benefits (§ 627.736(1)(a)).
  • 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.

    When to Talk to a Lawyer
    • 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
    Related Statutes & Laws
    • 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.