What to Do After a Car Accident in Florida: Your Complete Checklist

QUICK SUMMARY — After an accident in Florida:
1. Check for injuries and call 911
2. Move to safety (Florida’s Move-Over law)
3. Exchange information — do not admit fault (fault matters more than ever)
4. Document everything thoroughly
5. Report if $500+ damage (within 10 days)
6. File a PIP claim with YOUR OWN insurance — seek treatment within 14 days
7. Seek medical attention immediately
8. Understand the new 51% fault bar from HB 837

Important — Florida’s law changed significantly in 2023: HB 837 overhauled Florida’s tort system. The comparative fault rule changed from pure to modified 51%, and the personal injury statute of limitations was cut from 4 years to 2 years. However, Florida remains a no-fault/PIP state — PIP was not eliminated. This guide covers both.

Step 1 — Check for Injuries and Call 911

Safety comes first. Address injuries before anything else.

Check yourself and all passengers for injuries
Call 911 immediately if anyone is hurt or if there is any doubt about injury severity
Do not move seriously injured people unless there is immediate danger (fire, oncoming traffic, leaking fuel)
Florida law (F.S. 316.062) requires you to stop at the scene and render reasonable assistance
Stay on the line with the 911 dispatcher and follow their instructions
Wait for emergency services if injuries appear serious

Calling 911 creates an official crash report through the Florida Highway Patrol or local law enforcement. This report is critical evidence for both your PIP claim and any potential liability action.

Leaving the scene of an accident involving injury is a felony in Florida (F.S. 316.027). If the accident results in death, it is a first-degree felony carrying up to 30 years in prison.

Step 2 — Move to Safety

Florida’s Move-Over Law encourages drivers to clear the roadway after minor accidents.

If vehicles are drivable and no one is seriously injured, move them to the shoulder, median, or a nearby safe area
Turn on hazard lights immediately
If vehicles cannot be moved, stay inside with seatbelts on and hazard lights activated
Set up flares or reflective triangles if available, especially on Florida’s high-speed highways like I-95, I-75, I-4, and the Florida Turnpike
Stay out of active traffic lanes — secondary crashes at accident scenes are a major hazard on Florida’s heavily traveled roadways

Florida consistently ranks among the top states for traffic fatalities. Secondary collisions at accident scenes contribute significantly to these numbers.

Step 3 — Exchange Information

Collect the following from every other driver involved.

From each driver:

Full name, address, and phone number
Driver’s license number and state of issuance
Insurance company and policy number — note whether they carry bodily injury (BI) liability coverage
License plate number
Vehicle make, model, year, and color

From witnesses:

Names, phone numbers, and a description of what they saw
Ask if they are willing to provide a written statement

From the responding officer:

Name, badge number, and agency
Crash report number (also called the “HSMV long-form report number”)

Critical under HB 837: Do not admit fault. Before 2023, Florida used pure comparative negligence — you could recover damages even if you were 99% at fault. Under the new modified 51% rule, if you are assigned 51% or more fault, you recover nothing in a liability claim. This makes admissions of fault far more dangerous than they were under the old law.

Step 4 — Document Everything

Under the new fault-based liability rules, proving the other driver bore the majority of fault is critical for any claim that exceeds PIP limits.

Photograph and video:

All vehicle damage from multiple angles (close-up and wide shots)
The overall accident scene showing vehicle positions and the road layout
Road conditions: wet pavement, standing water (common in Florida), construction zones, debris
Traffic signs, signals, stop lines, and lane markings
Skid marks, debris patterns, broken glass, and tire marks
All license plates of involved vehicles
Weather and lighting conditions (afternoon thunderstorms are a frequent factor in Florida crashes)
Any visible injuries (bruises, cuts, swelling)

Write down:

Exact time, date, and location (street names, intersections, mile markers)
Your detailed chronological account of the accident
Direction and approximate speed of each vehicle
Traffic density, road conditions, and visibility
Names of nearby businesses, traffic cameras, or toll plazas that might have footage

Preserve dashcam footage immediately. Under the new 51% bar, evidence establishing the other driver’s fault is more important than ever.

Step 5 — File a Report

Reporting Threshold: $500 — Lower Than Most States

Florida has a low reporting threshold.

When required:

Property damage exceeds $500 (one of the lowest thresholds among major states), OR
Anyone is injured or killed

Deadline: 10 days

How to Report

At the scene: Call 911. The responding officer will file a Florida Traffic Crash Report (HSMV long-form)
If police did not respond: Self-report to the Florida Highway Safety and Motor Vehicles (FLHSMV) within 10 days using the driver’s self-report form
Online: FLHSMV allows electronic crash reporting

Obtain Your Crash Report

You can request a copy of the official crash report from FLHSMV or from the investigating law enforcement agency. There is usually a small fee. This report is important for both PIP and liability claims.

Step 6 — File Your PIP Claim and Understand the New Rules

Florida remains a no-fault/PIP state. Despite the significant changes under HB 837 (2023), PIP was not eliminated. Attempts to repeal PIP (including HB 1181 in 2025) were vetoed by the governor. Here is how the system currently works.

PIP — Still Your First Source of Coverage

Contact your own insurance company (not the other driver’s)
File a PIP (Personal Injury Protection) claim
PIP provides $10,000 in coverage for:

80% of medical expenses up to $10,000
60% of lost wages up to $10,000
Combined total: $10,000 maximum

PIP pays regardless of who caused the accident

The 14-Day Treatment Deadline — Critical

You must seek medical treatment within 14 days of the accident to qualify for full PIP benefits (F.S. 627.736). If you do not see a doctor within 14 days:

Your PIP benefits may be limited to $2,500 instead of $10,000
The $2,500 cap applies unless an authorized medical provider determines you have an “emergency medical condition”

This is one of the most important deadlines in Florida auto accident law. Do not wait.

What Changed Under HB 837 (2023) — And What Did Not

Changed:

Comparative fault shifted from pure to modified 51% bar — at 51%+ fault, you recover nothing in a liability claim
Personal injury statute of limitations reduced from 4 years to 2 years
Bad faith insurance claim rules were modified
Attorney fee provisions were changed

Did NOT change:

PIP is still required — $10,000 minimum
Bodily injury liability is still NOT mandatory for most drivers — only PIP ($10,000) and PDL ($10,000) are required
The 14-day treatment deadline remains in effect
Florida’s no-fault framework remains intact

Property Damage — Fault-Based

Vehicle repair claims are fault-based regardless of PIP.

File with the at-fault driver’s insurance for vehicle repairs, OR
File with your own collision coverage

When PIP Is Not Enough

If your medical expenses exceed $10,000 or your injuries are serious, you may pursue a liability claim against the at-fault driver. Under the new 51% rule, you must be 50% or less at fault to recover. Your recovery is reduced by your fault percentage.

UM/UIM coverage is now more important than ever in Florida. If the other driver has no bodily injury liability coverage (which is not mandatory for most Florida drivers), your UM/UIM coverage is your safety net beyond PIP.

Step 7 — Seek Medical Attention

See a doctor immediately — ideally within 24 hours and absolutely within 14 days.

The 14-day PIP deadline makes Florida unique among all states. Failing to seek treatment within this window can reduce your PIP benefits from $10,000 to $2,500.

Common delayed-symptom injuries:

Whiplash: Neck and shoulder pain may not appear for 24-48 hours
Concussions: Headaches, confusion, and memory issues can develop gradually
Internal bleeding: May show no external symptoms but can be life-threatening
Herniated discs: Back pain often worsens over days and weeks
Soft tissue injuries: Muscle and ligament tears may be masked by adrenaline

Why medical documentation matters more than ever in Florida:

The 14-day rule requires documented medical treatment to access full PIP benefits
Under the new 51% fault bar, documented injuries are the foundation of any liability claim exceeding PIP
Insurance adjusters use gaps in medical treatment to argue injuries are unrelated to the accident or have resolved
Continuous treatment records establish the severity and duration of your injuries

Visit an emergency room, urgent care, or your primary care physician. Follow all recommended treatment plans and keep every medical record, bill, prescription, and therapy note organized.

Your Rights Under Florida’s Current Law

Fault System

Florida operates a hybrid system: no-fault/PIP for initial medical expenses, fault-based for property damage and liability claims exceeding PIP.

Modified Comparative Fault (51% Bar) — New Since 2023

Under F.S. 768.81, as amended by HB 837:

At 50% or less fault: Recover damages, reduced by your fault percentage
At 51% or more fault: Recover nothing

Before HB 837, Florida used pure comparative negligence, allowing recovery at any fault level. The shift to a 51% bar was one of the most significant tort reform changes in Florida history.

Statute of Limitations

Personal injury: 2 years (reduced from 4 years by HB 837)
Property damage: 4 years
Wrongful death: 2 years

The reduction from 4 to 2 years for PI claims means you have significantly less time to file suit. Act promptly.

Minimum Insurance Requirements

Florida requires:

PIP: $10,000
Property Damage Liability (PDL): $10,000
Bodily Injury Liability: Not required for most drivers

This means many Florida drivers carry no bodily injury liability coverage. If an uninsured driver injures you and your damages exceed $10,000 PIP, your UM/UIM coverage is your primary source of additional recovery.

The 14-Day PIP Treatment Rule

You must seek initial medical treatment within 14 days of the accident to qualify for full PIP benefits ($10,000). After 14 days without treatment, benefits may be capped at $2,500 unless you have an “emergency medical condition” as determined by a qualified medical provider.

Common Mistakes to Avoid After a Florida Car Accident

Waiting more than 14 days to see a doctor — This can reduce your PIP benefits from $10,000 to $2,500
Assuming PIP was eliminated — PIP is still required in Florida despite the 2023 tort reform changes. PIP repeal efforts were vetoed
Admitting fault at the scene — Under the new 51% bar, fault admissions are far more dangerous than under the old pure comparative system
Not carrying BI liability or UM/UIM coverage — BI liability is not mandatory in Florida, but UM/UIM is essential because many other drivers also lack BI coverage
Posting about the accident on social media — Insurance adjusters actively monitor social media for evidence to minimize claims
Accepting the first settlement offer — Initial offers are typically well below the claim’s actual value
Not filing your PIP claim promptly — PIP is your first source of coverage. Delays create disputes
Assuming the old 4-year deadline still applies — PI claims now have a 2-year statute of limitations under HB 837
Giving a recorded statement to the other driver’s insurer — You are not required to, and it rarely benefits you
Not understanding that BI coverage is not mandatory — The other driver may have zero bodily injury coverage. Plan accordingly

Frequently Asked Questions

Does Florida still have PIP?

Yes. Despite HB 837 (2023) changing the comparative fault rule and statute of limitations, PIP was not eliminated. Florida still requires $10,000 PIP and $10,000 property damage liability. Attempts to repeal PIP (SB 54 in 2021, HB 1181 in 2025) were vetoed by the governor. Florida remains a no-fault/PIP state.

How long do I have to file a lawsuit in Florida?

2 years for personal injury (reduced from 4 years by HB 837). 4 years for property damage. The shortened PI deadline makes it important to act quickly if your injuries exceed PIP limits.

What is the 14-day rule?

You must seek medical treatment within 14 days of the accident to qualify for full PIP benefits ($10,000). If you wait longer than 14 days, your PIP benefits may be capped at $2,500 unless a doctor determines you had an emergency medical condition.

What if the other driver has no bodily injury coverage?

This is common in Florida because BI liability is not mandatory for most drivers. If the at-fault driver has no BI coverage, your PIP covers the first $10,000 in medical expenses. Beyond that, your UM/UIM (Uninsured/Underinsured Motorist) coverage is your primary protection. This is why UM/UIM is so important in Florida.

What if I was partly at fault?

Under Florida’s new modified 51% rule (HB 837), if you are 51% or more at fault, you recover nothing in a liability claim. At 50% or less fault, your recovery is reduced by your fault percentage. Before 2023, you could recover at any fault level — that is no longer the case.

Do I file with my insurance or the other driver’s?

Medical bills: File with your own PIP first (no-fault). Vehicle damage: File with the at-fault driver’s PDL or your own collision coverage (fault-based). Injuries exceeding PIP ($10,000+): Pursue a liability claim against the at-fault driver’s insurer if you are 50% or less at fault.

Is bodily injury liability coverage required in Florida?

No — not for most drivers. Florida only mandates PIP ($10,000) and PDL ($10,000). BI liability is only required for drivers who have had their license suspended for certain offenses. This makes Florida unique and creates significant coverage gaps.

Related Guides

Get Help With Your Florida Claim

If you were in a car accident in Florida and need legal guidance, a local attorney can evaluate your case at no cost. Most personal injury lawyers work on contingency — you pay nothing unless they recover money for you.

When Professional Help Tends to Make Sense

Most minor accidents in Florida are resolved between the drivers and their insurance companies without ever involving an attorney. Many accident victims, however, consider consulting an attorney when one or more of the following applies to their situation:

A fatality occurred, or a wrongful-death claim may be involved
Medical bills are already in the tens of thousands of dollars, or still growing
There is a permanent injury, visible scar, or any sign of traumatic brain injury (TBI)
The insurance company’s first settlement offer feels far below your actual costs
The insurance company is arguing that your injuries are pre-existing, or trying to shift primary fault onto you despite the evidence
Multiple vehicles or multiple parties are involved and liability is unclear
Fault is disputed — especially relevant given Florida’s 51% bar modified comparative fault rule (a plaintiff more than 50% at fault recovers nothing)
The Florida statute of limitations for personal injury (2 years from the accident) is within six months
A government vehicle, commercial truck, or rideshare driver is involved
The other driver was uninsured, underinsured, or fled the scene (hit-and-run)
Your injuries exceed Florida’s no-fault / PIP threshold and you want to step outside the no-fault system

If none of these apply to your situation, you may be able to settle directly with the insurance company. The other guides on this site walk through that process step by step.

Speak with a Free Car Accident Attorney

Reviewed by TurnYourClaim Editorial Team — Last verified: 2026-03-05

Sources: FL HB 837 (2023 Session) — Tort Reform (comparative fault + SOL changes); Fla. Stat. § 768.81 (Comparative Fault – as amended by HB 837); Fla. Stat. § 627.736 (PIP Requirements); FLHSMV Insurance Requirements (flhsmv.gov/insurance/); FLHSMV Traffic Crash Statistics

DISCLAIMER: This website is not a law firm and does not provide legal advice. This page provides general educational information only. Laws change frequently, and this information may not reflect the most current legal developments. Always consult a licensed attorney in your state for advice specific to your situation. This is not medical advice. If you have been injured, seek immediate medical attention. Last updated: May 2026.