Florida Car Accident Claim Process: Step-by-Step Guide

Florida Car Accident Claims: The Steps in Order

The process for filing a car accident claim in Florida runs in a clear order. You get medical care, report the crash, notify your insurer, gather evidence, present the claim, and file a lawsuit only if the claim does not resolve.

If you’re reading this, someone you love may have been hurt in a crash. Or you may be the one who was hurt. Either way, you may be facing medical bills, missed work, and a pile of insurance letters. You don’t have to solve all of it at once.

Florida works differently from many states. Florida requires registered vehicle owners to keep security that provides personal injury protection (PIP) benefits. Fla. Stat. § 627.733 sets that rule for registered vehicle owners, other than owners of a motor vehicle used as a school bus as defined in s. 1006.25 or a limousine. Insurance questions after a crash can involve more than one policy, so it is worth reviewing them with a lawyer early.

The steps overlap. Some deadlines start early, so it helps to know the order before you begin. The sections below walk through each step in the order a claim usually moves.

Step 1 and 2: Get Medical Care and Report the Crash

Get medical care first, and report the crash right after. Your health comes first. Your medical records also become the proof of your injuries later.

See a doctor promptly, even if you feel you only have bumps and bruises. Some injuries, including many neck, back, and head injuries, may not show symptoms right away. Follow your doctors’ care plan, and keep every appointment you can.

Call the police after a crash. Ask for the report number, and get the names of the officers and any witnesses. Take photos of the vehicles, the road, and your injuries when it is safe to do so.

Some people treat on a letter of protection. That is a promise that a provider will be paid from a future settlement or verdict. Florida law requires a claimant to disclose a copy of that letter and to say whether they had health care coverage when they were treated. Florida law sets out the disclosures a claimant must make before asserting a claim for medical expenses for treatment rendered under a letter of protection. Keep copies of every letter and bill you sign.

Step 3: Notify Your Insurance Company and File for PIP Benefits

Notify your own insurer promptly and ask about PIP benefits. Do this even if the other driver caused the crash.

PIP is a limited benefit. It can help with some medical costs and lost income, but it may not cover every bill or loss. Your policy and the claim process decide what gets paid.

When the insurer asks for information, you have rights too. An injured person can ask for a copy of the information the insurer obtained under the PIP statute. You may have to pay a reasonable charge if the insurer requires it.

Your insurer may also ask you to attend an exam. If your physical or mental condition is material to your PIP claim, you must submit to an examination by a physician when the insurer asks. The insurer pays for that exam. Attend it, and describe what hurts and how it affects your daily life.

Keep copies of every form and letter you send and receive. Write down the date and name of every call. Good records help later.

Step 4: Gather Evidence and the Documents You Need

Gather evidence early, because some of it does not last. Witness names, camera footage, and scene details can disappear within days.

Start a folder with these items:

• The crash report number and a copy of the report
• Photos of the vehicles, the scene, and your injuries
• Medical records, bills, and treatment notes
• Pay stubs, or a letter from your employer showing missed work
• Repair estimates or total-loss paperwork
• Every letter, claim number, and adjuster name you receive

Keep a daily journal. Write down pain levels, medicines, missed work, and tasks you can no longer do, like lifting a child or driving. A journal shows how the injury has changed daily life, and that detail matters in a claim.

Ask for footage from nearby businesses or traffic cameras, and ask in writing. Many businesses keep video for only a short time. Dashcam footage from your own car can also help.

You may get a call asking for a recorded statement from the other driver’s insurer. You don’t have to give one on the spot. Understand what you’re agreeing to first, and take the same care with any broad medical release.

Step 5: Make the Claim Against the At-Fault Driver’s Insurer

Under Fla. Stat. § 627.736, a written demand letter is a condition precedent to filing any action for personal injury protection benefits against your own PIP insurer; it is not the first step for a claim against the at-fault driver’s insurer. In most cases, though, you cannot sue that insurer right away. Florida law requires a settlement or verdict against the insured driver first. Fla. Stat. § 627.4136 sets this rule.

Fla. Stat. § 627.4136; that section makes it a condition precedent to a cause of action against a liability insurer by a person not an insured under the terms of the liability insurance contract that the claimant first obtain a settlement or verdict against an insured. That coverage can help with vehicle damage, but it is separate from injury claims.

Ask for the insurance details in writing. Under Fla. Stat. § 627.4137, an insurer must provide a sworn statement within 30 days of a written request. The statement must list the insurer, each insured, the coverage limits, any policy or coverage defense the insurer reasonably believes is available to it at the time of filing, and a copy of the policy.

Expect delays and disputes. The insurer may question fault, slow its answers, or make a low early offer. You don’t have to accept an offer on the spot. Negotiations can take months, and if they do not resolve the claim, a lawsuit may be the next step.

How Long You Have to File a Florida Car Accident Claim

For most Florida negligence claims for injury, the deadline is two years. Fla. Stat. § 95.11 sets the time limits. Florida law sets filing deadlines for personal injury claims, and missing one can end a claim. Contact our firm promptly so we can review the deadline that applies to your situation.

Other claims follow different timing rules in the same statute. Medical malpractice claims have their own limits, and wrongful death claims have their own rules too. The deadline that fits your case depends on the type of claim.

When someone dies, the family may have a claim. Fla. Stat. § 768.19 states that when a wrongful act, negligence, default, or breach of contract or warranty causes a death, and the event would have entitled the injured person to maintain an action and recover damages had death not ensued, the responsible party can be liable for damages. Families facing this loss often have many questions at once. The timing matters, so don’t wait to ask them.

Deadlines apply to every claim, and dates can be missed. Contact our team early so the facts and dates can be reviewed while they are still fresh.

What Shapes the Value of a Car Accident Claim

The value of a car accident claim depends on documented losses, who was at fault, and whether the injury meets Florida’s legal threshold. No typical figure fits every case, so the value is never one number.

Florida’s threshold rule matters. In a motor vehicle case, you can seek damages for pain, suffering, mental anguish, and inconvenience only in certain situations. Those include a significant and permanent loss of an important bodily function, a permanent injury, significant and permanent scarring or disfigurement, or death.

Fault matters too. Under Fla. Stat. § 768.81, in a negligence action to which this section applies, a person found more than 50 percent at fault for their own harm may not recover any damages; this does not apply to medical negligence claims under chapter 766. If you share some fault, your damages are reduced in proportion to your share.

Medical bills also count, and the paid amount can matter as much as the billed amount.

For a broader look at how these factors play out, read our guide to car accident settlements in Florida.

Frequently Asked Questions About Florida Car Accident Claims

What is the typical settlement for a car accident in Florida?

There is no typical figure that fits every case. Value follows the documented losses, the injury, and who was at fault.

How long after an accident can you file a claim in Florida?

For most accident claims, including car accidents and slip-and-falls, Florida’s limitations statute generally requires a negligence lawsuit to be filed within two years. Claims founded on the design, planning, or construction of buildings and other real-property improvements follow a different timeline: the action generally must be commenced within two years after the earliest of the temporary certificate of occupancy, certificate of occupancy, certificate of completion, or date of abandonment of construction, and in any event within 7 years after that date. Because deadlines apply and can be complicated, contact our firm promptly. Fla. Stat. § 95.11 reads: “(b) An action founded on the design, planning, or construction of an improvement to real property, with the time running from the date the authority having jurisdiction issues a temporary certificate of occupancy, a certificate of occupancy, or a certificate of completion, or the date of abandonment of construction if not completed, whichever date is earliest; except that, when the action involves a latent defect, the time runs from the time the defect is discovered or should have been discovered with the exercise of due diligence.” Other claim types have different rules, so act promptly.

Who pays if someone hits your car in Florida?

Florida law requires vehicle owners to keep insurance security in effect throughout the registration or licensing period. Vehicle damage falls under the at-fault driver’s property damage coverage, and injury claims go to that driver’s liability insurer.

Can I sue the other driver’s insurance company directly?

Florida law generally requires a person who is not an insured under a liability policy to first obtain a settlement or verdict against a person who is an insured under that policy before suing the liability insurer, under Fla. Stat. § 627.4136.

Key Takeaways and Talking With Our Team

Here is the process for filing a car accident claim in Florida, in short:

• Get medical care and follow your doctors’ care plan.
• Report the crash and keep the report number.
• Notify your own insurer and ask about PIP benefits.
• Gather photos, records, and proof of lost income.
• Make the claim against the at-fault driver’s insurer in writing.
• Watch the deadlines, and don’t let them slip.

If you’re gathering this information for a family member, or for yourself after a crash, you may be weighing what to do next. Talking through the facts is a reasonable step, and it doesn’t commit you to anything.

CHG Personal Injury Lawyers offers a free, confidential initial consultation with no obligation to continue. You can reach our firm here. CHG charges no attorney’s fees and no case costs unless there is a recovery.

This page is for general information only. Igor Hernandez is the responsible lawyer for this page. CHG Personal Injury Lawyers is Florida-based and serves people hurt across Florida, including in Miami, Orlando, Tampa, and Jacksonville.