Florida Car Accident Lawyer
Serving drivers across Florida, including Miami, Orlando, Tampa, Jacksonville, Fort Lauderdale.
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Florida’s roads combine dense year-round traffic with millions of seasonal visitors unfamiliar with local conditions. That produces one of the highest crash rates in the country. Florida’s legal framework for car accident claims was significantly rewritten by HB 837, signed in March 2023. If you were injured after March 24, 2023, a shorter deadline and a tougher comparative fault rule apply than what older guides describe.
Florida Car Accident Laws at a Glance
- Statute of limitations (personal injury)
- 2 years from the date of the crash for crashes on or after March 24, 2023 (previously 4 years; changed by HB 837)
- Statute of limitations (wrongful death)
- 2 years from the date of death
- Fault rule
- Modified comparative fault — 50% bar. Post-HB 837, a plaintiff more than 50% at fault recovers nothing. Recovery is reduced by the plaintiff’s percentage of fault.
- Insurance system
- No-fault state. Personal Injury Protection (PIP) covers your own medical expenses regardless of fault, up to policy limits. Serious injuries can trigger the ability to pursue the at-fault driver directly.
- Minimum liability coverage
- 10/20/10 baseline — $10,000 PIP, $10,000 property damage liability. Florida uniquely does not require bodily injury (BI) liability coverage for most drivers.
- UM/UIM coverage
- Insurers must offer UM/UIM; drivers can reject or select reduced limits in writing.
- Claims against government entities
- Claims against Florida governmental entities require written notice within 3 years (Fla. Stat. § 768.28) but the substantive lawsuit must still meet the 2-year SOL.
Source: Florida Department of Highway Safety and Motor Vehicles, Fla. Stat. Ch. 627 and 768. Rules change. Verify current deadlines and requirements with a licensed Florida attorney before relying on any specific figure.
How Florida fault rules affect your recovery
Before HB 837, Florida used pure comparative fault (you could recover even if 99% at fault, just with a reduction). That changed in March 2023. Now, if a jury finds you more than 50% responsible for the crash, you recover nothing — a hard bar. Insurers routinely try to pile fault on injured plaintiffs to reach that 50% threshold. How you document the scene and who speaks for you in negotiations matters more in post-HB-837 Florida than it did before.
Florida insurance system and your claim path
Florida is a no-fault state. Every registered vehicle must carry $10,000 of Personal Injury Protection (PIP). PIP pays 80% of reasonable and necessary medical expenses and 60% of lost wages, regardless of fault, up to the $10,000 limit. To step outside the no-fault system and sue the at-fault driver for pain and suffering, Florida requires that you have suffered a "serious injury" — significant and permanent loss of a bodily function, permanent injury within a reasonable degree of medical probability, significant and permanent scarring or disfigurement, or death.
Damages available in a Florida car accident claim
Florida plaintiffs can pursue medical expenses (past and future), lost wages, reduced earning capacity, property damage, and — if the "serious injury" threshold is met — non-economic damages (pain, suffering, mental anguish, loss of consortium). Punitive damages are available in egregious cases and capped by Fla. Stat. § 768.73.
Damage caps: Punitive damages capped at the greater of 3 times compensatory damages or $500,000 in most cases (Fla. Stat. § 768.73). No-fault PIP caps first-party medical coverage at the policy amount.
What to do after a Florida crash
- Get medical care immediately. Delayed treatment is one of the most common reasons insurers discount claims. Same-day or next-day records tie injuries directly to the crash.
- Report the crash and file any required state accident report. Most states require a written report within 10 days for qualifying crashes.
- Document the scene. Photos, video, skid marks, debris positions, traffic signals, and weather all matter. Get the names and contact information of witnesses before people disperse.
- Do not give recorded statements. Early insurer statements are used to undercut claim value later. Be factual with police; defer substantive statements until legal review.
- Preserve evidence. Keep damaged clothing, equipment, and vehicle photographs. Do not authorize repairs or disposal until documented.
- Track expenses and losses. Every medical bill, every missed work shift, every receipt for transportation to medical appointments.
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Florida Car Accident FAQ
How long do I have to file a Florida car accident lawsuit?
For crashes on or after March 24, 2023, you have 2 years from the crash date (HB 837). Crashes before that date retained the prior 4-year SOL. Consult an attorney to confirm which applies to you.
Do I need to use my own PIP first in Florida?
Yes. Florida PIP is primary for your own medical bills up to $10,000, regardless of fault. You typically must have treatment within 14 days of the crash to access full PIP benefits.
When can I sue the at-fault driver directly in Florida?
When your injuries cross the "serious injury" threshold (significant and permanent loss of function, permanent injury to a reasonable medical probability, significant scarring/disfigurement, or death) or your economic damages exceed PIP limits.
What if I was partly at fault for the Florida crash?
Post-HB-837, you are barred from recovery if found more than 50% at fault. At 50% or less, your damages are reduced proportionally.
Does Florida require bodily injury liability insurance?
No. Florida is the only state that does not require BI coverage for most drivers — only PIP ($10K) and property damage liability ($10K). Many at-fault drivers carry only the minimum, which is often inadequate. UM/UIM coverage is valuable here.
Can I file a claim if a Florida government vehicle hit me?
Yes, but Fla. Stat. § 768.28 requires written notice to the agency and the Department of Financial Services before suing, and imposes caps ($200,000 per person, $300,000 per incident) unless waived by claims bill.
Should I accept the first settlement offer from a Florida insurer?
Usually not. Early offers often precede the full medical picture and can undervalue long-term treatment needs. Review any offer with an attorney before signing.