What to Do After a Car Accident in Florida: A Step-by-Step Guide

After a car accident in Florida, check for injuries, call 911 if anyone is hurt, and report the crash to law enforcement when someone is injured or the damage looks like $500 or more. Then get medical care within 14 days to protect your personal injury protection (PIP) benefits, notify your insurer and keep careful records. For most crashes after March 24, 2023, you have two years to file an injury lawsuit.

Here’s each step in more detail, with the Florida rules behind it.

What should you do at the scene of a car accident in Florida?

Step 1: Stop, check on everyone and call 911

Florida law requires drivers involved in a crash to stop at the scene, or as close to it as possible (Fla. Stat. § 316.027), and to give reasonable help to anyone who’s injured, including arranging medical care when it’s needed or requested (§ 316.062). If anyone is hurt, call 911 before doing anything else.

Step 2: Get out of traffic if you safely can

If no one is hurt and a damaged vehicle is blocking traffic, Florida law requires the driver to make a reasonable effort to move it out of the way (§ 316.061). Turn on your hazard lights and stay well away from moving traffic.

Step 3: Report the crash

When a crash causes injury, death or apparent property damage of at least $500, the driver must notify law enforcement immediately: the local police inside a city, or otherwise the sheriff’s office or the Florida Highway Patrol (§ 316.065). Even damage that looks minor can reach $500, so when in doubt, call.

If property is damaged but no law enforcement report is required, each driver must send a written report to the Florida Department of Highway Safety and Motor Vehicles (FLHSMV) within 10 days (§ 316.066).

Step 4: Exchange information

Drivers must give their name, address and vehicle registration number, and show their driver’s license if asked (§ 316.062). You’ll also want:

• the other driver’s insurance company and policy number
• the plate number, make, model and color of each vehicle
• names and phone numbers of passengers and witnesses
• the officer’s name and the report number

If an Uber or Lyft was involved, note that too, because rideshare crashes involve different insurance. Stick to facts, and avoid guessing or apologizing in a way that could sound like admitting fault.

Step 5: Document the scene

Photos taken in the first few minutes can answer questions that come up months later. Capture every side of each vehicle, the plates, the road, traffic signals, skid marks, debris, the weather and any visible injuries. Then write down what happened while it’s fresh: the time, the direction each car was traveling and anything the other driver said. Note any nearby cameras, such as on a business or a doorbell; footage is often overwritten quickly.

What should you do in the days after the crash?

Step 6: Get medical care within 14 days

This step has a legal deadline. To use your PIP medical benefits, you must get initial care within 14 days of the crash from a qualifying provider, such as a hospital, emergency medical services, a medical or osteopathic physician, a chiropractor or a dentist (§ 627.736).

Medical benefits can reach the full $10,000 if a physician, dentist, physician assistant or advanced practice registered nurse determines you had an emergency medical condition; if a provider finds you didn’t, they’re limited to $2,500. Some injuries, like concussions, may not cause symptoms right away, so get checked even if you feel fine.

Step 7: Notify your own insurance company

Report the crash to your insurer as soon as you can; most policies require prompt notice. In Florida, PIP generally follows the person. If you own a car insured in Florida, your own PIP usually pays first, even if you were a passenger in someone else’s car or were hit while walking. If you don’t own a car, a policy held by a relative you live with, or the policy on the vehicle you were in, may apply.

Step 8: Get a copy of the crash report

Florida crash reports are confidential for 60 days, but the people involved, their lawyers and their insurers can get them sooner (§ 316.066). You can request a copy from the investigating agency or through the FLHSMV’s online crash portal (FLHSMV). Check it for errors in names, insurers or how the crash is described.

Step 9: Be careful with the other driver’s insurer

The other driver’s insurer may call quickly, ask for a recorded statement or offer a fast settlement. You’re generally not required to give that insurer a recorded statement, and accepting a settlement usually means signing a release that ends your claim, even if your injuries turn out to be worse than you thought. Your own policy may require you to cooperate with your insurer, so read it or ask an attorney. It’s also wise to stay off social media about the crash.

Step 10: Keep a claim file

Save medical records and bills, receipts, pay stubs showing missed work, repair estimates and letters from insurers. A short daily note about pain, sleep and the activities you’ve had to skip can show how the injury affects your life.

Florida car accident rules at a glance

How does Florida’s no-fault insurance work?

Florida is a no-fault state. To register a car, you must carry at least $10,000 in PIP and $10,000 in property damage liability coverage (FLHSMV). PIP pays your own benefits no matter who caused the crash. Despite repeal bills in 2025 and 2026, Florida still requires PIP as of this writing.

PIP also limits lawsuits for pain and suffering. Under § 627.737, you can claim those damages from the at-fault driver only if the crash caused:

• significant and permanent loss of an important bodily function
• a permanent injury, within a reasonable degree of medical probability, other than scarring or disfigurement
• significant and permanent scarring or disfigurement
• death

Medical bills and lost income beyond what PIP pays may also be claimed from the at-fault driver.

What if the other driver has little or no insurance?

Florida doesn’t require most drivers to carry bodily injury liability coverage, so the driver who hit you may have little or none. That’s where uninsured motorist (UM) coverage on your own policy can help, including after a hit-and-run. If your policy includes bodily injury liability coverage, Florida requires it to include UM coverage unless a named insured rejected UM in writing (§ 627.727), so check your declarations page.

How does fault affect your claim?

For lawsuits filed after March 24, 2023, Florida uses a modified comparative fault rule. If you’re partly at fault, your damages are reduced by your percentage of fault. If you’re found more than 50% at fault for your own injuries, you can’t recover damages in most negligence cases (§ 768.81). Fault usually comes down to evidence, which is why the early steps above matter.

How long do you have to file a claim?

• Negligence: two years for most claims that arose after March 24, 2023 (§ 95.11; ch. 2023-15). Claims that arose on or before that date generally keep the old four-year period.
• Wrongful death: generally two years from the date of death. If you’ve lost a family member, our wrongful death page explains more.
• Government vehicles or roads: before suing a state agency, county or city, you must present the claim in writing, generally within three years (two for wrongful death), and damages are capped (§ 768.28).

An insurance claim doesn’t pause these deadlines. If the claim doesn’t settle, a lawsuit has to be filed in time.

When to talk to an attorney

Not every fender-bender needs a lawyer. It’s worth talking to one if:

• you were seriously hurt or need ongoing treatment
• fault is disputed, or more than one vehicle was involved
• the crash involved a commercial truck, a motorcycle, a pedestrian or a cyclist
• a rideshare, company or government vehicle was involved
• an insurer is pressing you for a recorded statement or a quick settlement

Onx Law represents injured people across Florida. We evaluate each case individually and may represent you directly, work with co-counsel, or involve trusted counsel when that better serves your case. Tell us what happened, and we’ll help you understand your options.

This article is general information, not legal advice. Laws change, and the rules that apply depend on your facts.