Car accident claims: what to do next in Florida

Who pays first: PIP

Florida requires personal injury protection, or PIP, on every car with four or more wheels. PIP pays 80 percent of needed medical costs and 60 percent of lost pay, no matter who caused the crash. Medical costs and lost pay share one $10,000 limit. PIP also pays a $5,000 death benefit.

Source: Florida Statutes § 627.736: Required PIP benefits · as of Oct 5, 2026

Source: Florida Department of Financial Services: Personal auto insurance overview · as of Oct 5, 2026

To use PIP for medical care, you must get your first care within 14 days of the crash. A doctor or other listed provider may find you did not have an emergency medical condition. Then PIP pays no more than $2,500 for that care.

Source: Florida Statutes § 627.736: Required PIP benefits · as of Oct 5, 2026

Claiming against the other driver

Florida limits claims against the other driver for losses that PIP pays. You can claim for pain and suffering only if the injury passes a state test. The injury must be permanent, cause a lasting loss of an important body function, or leave serious, permanent scars. A death also passes the test.

How fault is shared

Florida changed its fault rule in 2023. Now, if you are found more than 50 percent at fault for your own harm, you get nothing. At 50 percent or less, your money is cut by your share. The rule covers cases filed after March 24, 2023. It does not cover claims that a doctor or hospital was careless.

Coverage drivers must carry

To register a car, you need $10,000 of PIP and $10,000 of property damage coverage. Florida does not require coverage for injuries you cause to others just to register a car. After some crashes or license suspensions, a driver must prove at least $10,000 per person and $20,000 per crash for injuries, plus $10,000 for property.

Source: FLHSMV: Florida insurance requirements · as of Oct 5, 2026

Source: Florida Statutes § 324.021: Minimum insurance required · as of Oct 5, 2026

Uninsured motorist coverage helps when the driver who hit you has little or no insurance. In Florida, it comes with the injury coverage on your policy. You can turn it down in writing.

Reporting the crash

For crashes on or after October 1, 2026, call the police right away if anyone is hurt or killed, or if damage looks like $2,000 or more. Before that date, the amount was $500, and some state web pages still show $500.

Source: Laws of Florida ch. 2026-39 (SB 488) · as of Oct 5, 2026

Source: Florida Statutes § 316.065 (2025): Crash reports · as of Oct 5, 2026

Police who look into a crash must file a long report in some cases. These include when someone is hurt or has pain, or when a car must be towed away. If no police report is needed, the driver must send a written report to the state motor vehicle agency within 10 days.

Deadlines

Most injury claims based on carelessness must be filed within 2 years in Florida. A claim for a death caused by a crash also has a 2-year limit. Claims that arose on or before March 24, 2023 can follow an older rule.

Florida's fault rule and deadline changed in 2023, its crash-report rule changed in 2026, and exceptions can apply to any deadline. People's Justice is not a law firm. We do not review your crash or recommend a lawyer. If you want, you can use the form on this page to ask to be connected with a law firm that pays us to advertise.