How to File a Car Insurance Claim in Florida

KEY TAKEAWAYS:
– Florida is still a no-fault/PIP state — PIP was NOT eliminated by HB 837
– File your PIP claim with your own insurance first — PIP covers $10,000 regardless of fault
– You must seek medical treatment within 14 days to qualify for full PIP benefits
– If injuries exceed $10,000 PIP, you can pursue the at-fault driver’s bodily injury (BI) liability insurance
– BI liability is NOT mandatory for most Florida drivers — many carry none
– Modified 51% comparative fault bar applies to liability claims (HB 837, 2023)
– Statute of limitations: 2 years PI (reduced from 4 by HB 837), 4 years PD

A note on misinformation: Many online sources — including some legal websites — incorrectly state that Florida eliminated PIP and became a fault state. This is wrong. HB 1181, which would have repealed PIP, was vetoed by Governor DeSantis in 2025. Florida still requires $10,000 PIP and $10,000 property damage liability. This guide reflects current Florida law as of May 2026.

How Florida’s Insurance System Actually Works

Florida operates a hybrid system that confuses many drivers, adjusters, and even some attorneys. Here is how the pieces fit together.

No-Fault / PIP Layer (Your Own Insurance)

Your first source of coverage after any car accident in Florida is your own Personal Injury Protection (PIP) policy. PIP pays regardless of who caused the accident.

PIP Coverage	Details
Medical expenses	80% of reasonable and necessary medical costs
Lost wages	60% of lost income
Combined maximum	$10,000 total
Death benefit	$5,000
Who pays	Your own insurer (not the other driver’s)
Fault required?	No — PIP pays regardless of fault

Fault-Based Layer (At-Fault Driver’s Insurance)

If your injuries exceed the $10,000 PIP limit or you have “serious” injuries, you can step outside the no-fault system and pursue a liability claim against the at-fault driver. This is where HB 837’s changes matter most:

Modified 51% comparative fault bar — if you are 51% or more at fault, you recover nothing
2-year statute of limitations for personal injury (reduced from 4 years)
The at-fault driver must carry bodily injury (BI) liability coverage for you to collect from their insurer — and BI is not mandatory in Florida

Property Damage Layer (Always Fault-Based)

Vehicle repair claims are fault-based in Florida regardless of PIP. You file with:

The at-fault driver’s property damage liability (PDL) insurance, OR
Your own collision coverage (you pay the deductible, your insurer pursues the other driver through subrogation)

What HB 837 Changed — and What It Did Not

There is widespread confusion about the 2023 tort reform law. This table clarifies exactly what changed.

Issue	Before HB 837 (2023)	After HB 837 (2023)
No-fault / PIP	Required	Still required — $10,000 PIP
BI liability required?	No (for most drivers)	Still no (for most drivers)
Comparative fault	Pure (recover at any fault %)	Modified 51% bar
PI statute of limitations	4 years	2 years
Bad faith rules	Broader plaintiff protections	Modified — higher burden on plaintiffs
Attorney fee provisions	One-way fee shifting favored plaintiffs	Changed — reduced fee shifting
PD statute of limitations	4 years	4 years (unchanged)
14-day treatment rule	In effect	Still in effect

Key takeaway: HB 837 changed the rules for liability claims (fault determination, deadlines, bad faith, attorney fees). It did not change the fundamental no-fault/PIP structure.

Step-by-Step: Filing Your Florida Insurance Claim

Step 1 — Report the Accident

Florida requires an accident report when property damage exceeds $500 or anyone is injured (F.S. 316.066).

At the scene: Call 911. The responding officer files a Florida Traffic Crash Report (HSMV long-form report)
If police did not respond: Self-report to the Florida Highway Safety and Motor Vehicles (FLHSMV) within 10 days
Online reporting is available through FLHSMV

Florida’s $500 reporting threshold is one of the lowest among major states. When in doubt, report.

Step 2 — File Your PIP Claim with Your Own Insurance

This is the step most guides get wrong. In Florida, your first insurance claim goes to your own insurer — not the other driver’s.

To file your PIP claim:

Contact your own insurance company immediately after the accident
Tell them you are filing a PIP claim
Provide the accident details: date, time, location, police report number
Your insurer will assign a PIP adjuster and provide claim forms
Submit medical bills and lost wage documentation as they accrue

PIP covers you regardless of who caused the accident. You do not need to prove the other driver was at fault to collect PIP benefits.

Step 3 — Meet the 14-Day Treatment Deadline

This is the single most important deadline in a Florida auto accident claim.

Under F.S. 627.736, you must seek medical treatment within 14 days of the accident to qualify for full PIP benefits ($10,000). If you do not see a medical provider within this window:

Your PIP benefits may be capped at $2,500 instead of $10,000
The full $10,000 is only available if an authorized medical provider determines you have an “emergency medical condition” (EMC)
Non-EMC injuries treated after 14 days receive reduced coverage

Authorized providers for the initial visit include:

Emergency room physicians
Licensed medical doctors (MD) or osteopathic physicians (DO)
Dentists (for dental injuries)
Chiropractors (for non-emergency injuries — note: chiropractic treatment alone does not qualify for the full $10,000 under the EMC standard)
Physician assistants and nurse practitioners working under a supervising physician

Do not wait for symptoms to develop. Schedule an appointment within 24-48 hours of the accident, even if you feel fine.

Step 4 — Document All Damages Thoroughly

Gather and organize the following throughout your treatment and recovery:

Medical documentation:

All medical bills, receipts, and explanation-of-benefits (EOB) statements
Treatment records from every provider (ER, primary care, specialists, physical therapy)
Prescription records and pharmacy receipts
Diagnostic imaging reports (X-rays, MRI, CT scans)
Doctor’s notes regarding work restrictions

Vehicle and property damage:

Repair estimates from at least one independent shop (do not rely solely on the insurer’s estimate)
Photos of all vehicle damage from multiple angles
Totaled vehicle fair market value documentation (if applicable)
Rental car receipts

Lost income:

Employer letter confirming missed work dates and pay rate
Pay stubs from before and after the accident
Tax returns if self-employed
Documentation of reduced earning capacity

Other expenses:

Transportation costs to medical appointments
Home care or assistance costs
Out-of-pocket expenses for medication, medical devices, or accommodations

Step 5 — Determine If You Have a Liability Claim Beyond PIP

PIP only covers $10,000. If your damages exceed that amount, you need to decide whether to pursue the at-fault driver.

You can pursue a liability claim when:

Your medical expenses exceed $10,000 PIP
You suffered a “serious injury” — 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
You were 50% or less at fault for the accident

Before pursuing a liability claim, verify:

Does the at-fault driver carry bodily injury (BI) liability coverage? Remember, BI is not mandatory in Florida. Many drivers carry none.
What are the policy limits? Florida has no mandatory BI minimum for most drivers, so those who do carry it may have low limits.
If the at-fault driver has no BI coverage, do you have UM/UIM (Uninsured/Underinsured Motorist) coverage?

Step 6 — File a Third-Party Claim or UM/UIM Claim

If the at-fault driver has BI coverage:

Contact the at-fault driver’s insurance company
Provide accident details and your documentation
The third-party adjuster will investigate liability, assess damages, and make a settlement offer
Remember: This adjuster works for the other driver’s insurer, not for you

If the at-fault driver has NO BI coverage (common in Florida):

File a UM/UIM claim with your own insurance company
Your UM/UIM coverage steps in where the at-fault driver’s missing BI would have applied
This is why UM/UIM coverage is so important in Florida — it fills the gap left by the state’s failure to mandate BI liability

If neither option is available:

Use your health insurance for medical bills beyond PIP
File under your own collision coverage for vehicle damage
Consider a lawsuit directly against the at-fault driver (collecting may be difficult)

Step 7 — Review, Negotiate, or Dispute

For PIP claims:

Florida law requires insurers to pay or deny PIP claims within 30 days after receiving written notice of a covered loss (F.S. 627.736)
If your PIP claim is denied or underpaid, you may file a civil remedy notice under F.S. 624.155

For liability or UM/UIM claims:

Review the settlement offer against your total documented damages
Counter with specific evidence if the offer is insufficient
Be aware that the 51% fault bar gives insurers take advantage of — they may argue you bear majority fault to eliminate your claim entirely
File a complaint with the Florida Department of Financial Services if the insurer acts in bad faith
Consult a local personal injury attorney, especially if fault is disputed or injuries are serious

Florida-Specific Insurance Requirements

What Florida Requires (Current Law)

Coverage	Required?	Minimum
PIP (Personal Injury Protection)	Yes	$10,000
Property Damage Liability (PDL)	Yes	$10,000
Bodily Injury Liability (BI)	No (for most drivers)	N/A
UM/UIM	No (but strongly recommended)	N/A
Collision	No	N/A

Why this matters: Because BI liability is not mandatory, Florida has a significant coverage gap. If the driver who hits you carries only the legally required PIP and PDL, they have zero bodily injury liability coverage for your injuries beyond your own PIP. Your only recourse is your own UM/UIM policy — if you have one.

Key Deadlines

Action	Deadline	Authority
Seek medical treatment (for full PIP)	14 days	F.S. 627.736
FLHSMV crash report (if police not called)	10 days	F.S. 316.066
Personal injury lawsuit	2 years	F.S. 95.11 (as amended by HB 837)
Property damage lawsuit	4 years	F.S. 95.11
Wrongful death lawsuit	2 years	F.S. 768.11

The 51% Comparative Fault Bar — How It Affects Your Claim

Under the modified comparative fault rule enacted by HB 837 (F.S. 768.81, as amended):

At 50% or less fault: you recover damages reduced by your fault percentage
At 51% or more fault: you recover nothing

This applies to liability claims — not to PIP. Your PIP benefits pay regardless of fault.

Your Fault	Total Damages	PIP Recovery	Liability Recovery	Total
0%	$100,000	$10,000	$90,000	$100,000
30%	$100,000	$10,000	$63,000	$73,000
50%	$100,000	$10,000	$45,000	$55,000
51%	$100,000	$10,000	$0	$10,000
80%	$100,000	$10,000	$0	$10,000

The jump from 50% to 51% fault eliminates $45,000 in recovery in this example. This is why fault determination is critical in Florida liability claims, and why insurers aggressively contest fault percentages.

Why UM/UIM Coverage Is Essential in Florida

Florida’s insurance structure creates a dangerous gap: PIP covers only $10,000, and BI liability is not mandatory. Uninsured/Underinsured Motorist (UM/UIM) coverage fills this gap.

How UM/UIM works:

Uninsured motorist (UM): Pays when the at-fault driver has no BI coverage at all
Underinsured motorist (UIM): Pays the difference when the at-fault driver’s BI limits are less than your damages
You file a UM/UIM claim with your own insurer
UM/UIM coverage is optional in Florida but can be purchased through your auto policy

Why it matters: Florida consistently ranks among the top states for uninsured drivers. Combined with the lack of a BI mandate, the odds of being hit by a driver with zero bodily injury coverage are higher in Florida than in almost any other state. Without UM/UIM, your recovery for injuries beyond the $10,000 PIP cap may depend on suing an uninsured individual directly — which is expensive and often uncollectable.

Common Issues and How to Handle Them

“I thought PIP was eliminated”

PIP is still active in Florida. HB 837 (2023) changed the comparative fault rule and shortened the PI statute of limitations. It did not repeal PIP. HB 1181, which would have repealed PIP, was vetoed in 2025. File your PIP claim with your own insurer.

“The at-fault driver has no bodily injury coverage”

This is common because BI is not mandatory. Your options in order of priority:

Collect your $10,000 PIP from your own insurer
File a UM/UIM claim with your own insurer (if you carry UM/UIM)
Use your health insurance for medical bills exceeding PIP
File under your collision coverage for vehicle repairs
Sue the uninsured driver directly (difficult to collect)

“The insurer says I was 51% at fault”

This eliminates your liability claim — but not your PIP. You still collect PIP regardless of fault. For the liability portion, challenge the fault determination with:

Police report and witness statements
Photos, dashcam footage, and surveillance footage
Accident reconstruction evidence
Attorney representation (especially valuable when fault is near the 51% threshold)

“I missed the 14-day treatment deadline”

Your PIP benefits may be capped at $2,500 instead of $10,000 unless a physician determines you had an emergency medical condition. See a doctor immediately regardless, and consult an attorney about whether the EMC exception applies.

“The PIP claim was denied”

Common reasons for PIP denial include late treatment (beyond 14 days), failure to attend an independent medical examination (IME), or the insurer’s determination that treatment was not reasonable or necessary. You may file a civil remedy notice under F.S. 624.155 and pursue bad faith remedies if warranted.

Common Reasons Claims Are Denied in Florida

PIP claim denials:

Medical treatment not sought within 14 days
Treatment deemed not “reasonable and necessary”
Failure to attend an Independent Medical Examination (IME)
Benefits exhausted ($10,000 maximum reached)
Policy lapsed or not in force at the time of the accident

Liability claim denials:

Comparative fault at 51% or above — the insurer argues you bear majority fault
At-fault driver’s insurer disputes their driver’s liability
No BI coverage on the at-fault driver’s policy
Insufficient documentation linking injuries to the accident
Statute of limitations expired — the 2-year PI deadline passed
Pre-existing condition arguments

Tips for a Stronger Insurance Claim in Florida

See a doctor within 14 days — this is non-negotiable for full PIP benefits
File your PIP claim first — do not wait for a liability determination. PIP pays regardless of fault
Carry UM/UIM coverage — this is your most important optional coverage in a state where BI is not mandatory
Document fault evidence immediately — the 51% bar makes fault determination decisive for liability claims
Track the 2-year PI deadline — the statute of limitations is shorter than most drivers expect
Do not give recorded statements to the at-fault driver’s insurer without legal advice
Keep every receipt and record — medical bills, repair estimates, rental receipts, lost wage statements
Understand which claim is which — PIP is no-fault (your insurer), liability is fault-based (their insurer or your UM/UIM), property damage is fault-based (their PDL or your collision)
Check the other driver’s BI coverage early — if they have none, shift your strategy to UM/UIM immediately

Frequently Asked Questions

Does Florida still have PIP?

Yes. PIP remains mandatory in Florida. HB 837 (2023) changed the comparative fault system and shortened the PI statute of limitations, but it did not eliminate PIP. HB 1181, which would have repealed PIP, was vetoed by Governor DeSantis in 2025. Every Florida driver must carry at least $10,000 PIP and $10,000 PDL.

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

Both, in sequence. File your PIP claim with your own insurer first — PIP pays regardless of fault. If your injuries exceed $10,000 PIP and you were 50% or less at fault, pursue a liability claim against the at-fault driver’s BI coverage. For vehicle damage, file with the at-fault driver’s PDL or your own collision coverage.

What does PIP actually cover?

PIP covers 80% of medical expenses and 60% of lost wages, up to a combined maximum of $10,000 per person per accident. It also provides a $5,000 death benefit. PIP pays regardless of who caused the accident.

What is the 14-day rule?

Under F.S. 627.736, you must receive initial 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.

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 required only for drivers who have had their license suspended for certain offenses. This means many Florida drivers carry zero BI coverage, making UM/UIM coverage essential for your own protection.

What happens if I am 51% at fault?

Your PIP claim is unaffected — PIP pays regardless of fault. However, your liability claim (against the at-fault driver’s BI or your own UM/UIM) is barred entirely. Under the modified 51% comparative fault rule enacted by HB 837, you recover nothing from a liability claim if you are 51% or more at fault.

How long do I have to file a lawsuit?

2 years for personal injury (reduced from 4 years by HB 837). 4 years for property damage. The PI deadline is one of the shortest among major states and catches many claimants off guard.

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.

Common Mistakes Florida Drivers Make After a Car Accident

Navigating the aftermath of a car accident in Florida can be complex, and certain missteps can significantly impact an insurance claim. Understanding Florida’s specific rules and deadlines is generally helpful to avoid common pitfalls.

Delaying medical treatment — Florida’s no-fault Personal Injury Protection (PIP) coverage generally requires individuals to seek initial medical care within 14 days of an accident to qualify for full benefits. Failing to do so may limit the amount of medical expenses covered by your PIP policy.
Not filing a crash report when required — If an accident in Florida results in apparent damage of 0 or more, or involves injury or death, a crash report typically needs to be filed with the Florida Department of Highway Safety and Motor Vehicles within 10 days. Not meeting this deadline can sometimes complicate insurance claims or legal processes later.
Assuming the at-fault driver has Bodily Injury (BI) liability insurance — While PIP and Property Damage Liability (PDL) are mandatory in Florida, Bodily Injury (BI) liability coverage is not required for most drivers. Many drivers in Florida may not carry BI insurance, which can impact options for recovering damages beyond PIP limits.
Misunderstanding Florida’s no-fault system — Some drivers mistakenly believe that because Florida is a no-fault state, they cannot pursue a claim against the at-fault driver. While your PIP covers initial medical expenses regardless of fault, if your injuries are severe enough to exceed PIP limits, you can generally pursue a liability claim against the at-fault driver.
Waiting too long to pursue a personal injury claim — Florida has a 2-year statute of limitations for personal injury claims stemming from car accidents. Delaying the initiation of a liability claim beyond this period typically means losing the ability to pursue compensation for injuries.
Underestimating the impact of comparative fault — Florida applies a 51% bar modified comparative fault rule. If a driver is found to be 51% or more at fault for an accident, they are generally barred from recovering any damages from the other party. Even if less than 51% at fault, their recoverable damages may be reduced proportionally.

Frequently Asked Questions About the Insurance Process in Florida

How does Florida’s “no-fault” system affect my car accident claim?

Florida’s no-fault system means your own Personal Injury Protection (PIP) insurance typically covers your initial medical expenses and lost wages, up to ,000, regardless of who caused the accident. If your injuries meet certain thresholds and exceed your PIP coverage, you may then be able to pursue a claim against the at-fault driver’s Bodily Injury (BI) liability insurance, though BI is not mandatory for all Florida drivers.

What is the deadline to file a car accident claim in Florida?

For personal injury claims arising from a car accident in Florida, the statute of limitations is generally 2 years from the date of the accident. This means that a lawsuit seeking compensation for injuries typically needs to be filed within this 2-year period, or the right to pursue the claim may be lost.

What if I am partially at fault for the accident in Florida?

Florida uses a 51% bar modified comparative fault rule. This means that if you are found to be partially responsible for an accident, your ability to recover damages from another party may be affected. If your share of fault is determined to be 51% or greater, you are generally barred from recovering any damages. If your fault is less than 51%, your recoverable damages may be reduced by your percentage of fault.

Do I need to report my accident to the police in Florida?

In Florida, a crash report is typically required if an accident results in injuries, death, or property damage estimated at 0 or more. This report should generally be filed with the Florida Department of Highway Safety and Motor Vehicles within 10 days of the incident. Filing a report can be an important step in documenting the accident for insurance purposes.

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. Insurance requirements and coverage options vary. Contact your insurance provider or a licensed insurance agent for information specific to your policy. Always consult a licensed attorney in your state for advice specific to your situation. Last updated: May 2026.