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Car Accident Representation

Miami Car Accident Attorney

Florida no-fault, third-party liability, and uninsured motorist claims handled directly by the attorney from intake through resolution across Miami-Dade and South Florida. Plaintiff and defense representation across South Florida.

Florida's 14-day rule under Fla. Stat. § 627.736 is strict. PIP benefits can be permanently forfeited if the injured person fails to seek initial medical treatment within 14 days of the accident. Early medical attention preserves both health and the claim.

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37+

Years of Practice

Florida Bar member since 1989

1989

Florida Bar Licensed

University of Miami School of Law

State & Federal

Court Admission

SDFL (1991), MDFL (2001)

Boutique

Practice Model

Direct attorney involvement

Common Questions

Frequently Asked Questions

What is Florida's 14-day rule and why does it matter?+

Florida's PIP 14-day rule under Fla. Stat. § 627.736 requires the injured person to seek initial medical treatment within 14 days of the accident. Failing to meet this deadline can permanently forfeit PIP benefits. Florida courts have interpreted this requirement strictly. Even if treatment is sought on day 15, PIP coverage may be lost. See what to do after a car accident in Florida for the full first-72-hour walk-through.

How long do I have to file a lawsuit after a car accident in Florida?+

For accidents occurring on or after March 24, 2023, the statute of limitations is 2 years under Fla. Stat. § 95.11(4)(a). HB 837 cut this from the prior 4-year period. The deadline is strict. Missing the statute of limitations permanently bars the claim. Earlier accidents (before March 24, 2023) may still have the 4-year deadline. See our full Florida Statute of Limitations reference guide for the complete breakdown by case type.

What is the no-fault threshold and why does it matter?+

Florida's no-fault threshold under Fla. Stat. § 627.737 limits when an injured person can sue the at-fault driver for pain, suffering, and other non-economic damages. The threshold requires considerable and permanent loss of an important bodily function, permanent injury, substantial scarring or disfigurement, or death. Cases that meet the threshold can pursue full third-party damages. Cases below the threshold are generally limited to PIP and medical-payment benefits plus economic damages. See our full Legal Terms Glossary for more Florida-given definitions.

What happens if the at-fault driver has no insurance?+

Florida does not require bodily injury liability insurance. When the at-fault driver has no coverage, the injured person's uninsured motorist (UM) coverage generally becomes the primary recovery vehicle. Underinsured motorist (UIM) coverage applies when the at-fault driver has some coverage but not enough. Reviewing all available first-party coverages early in the case is critical when the at-fault driver is uninsured.

What changed under Florida's HB 837 tort reform?+

HB 837 (signed March 24, 2023) made several major changes affecting car accident claims: cut the negligence statute of limitations from 4 years to 2 years; shifted Florida from pure to modified comparative negligence with a 50% at-fault bar; changed evidence rules for medical expense proof; and added notice and cure requirements for bad faith claims against insurance carriers. The cumulative effect is that injured plaintiffs have less time and face more procedural hurdles.

Should I talk to the insurance company before hiring an attorney?+

Generally no. Statements made to insurance carriers before counsel is involved are commonly used to reduce or deny the claim. Recorded statements, casual phone conversations, and signed releases all carry consequences. Speaking with counsel before engaging the carrier protects the claim and the case value. Initial consultations are confidential and there is no obligation to retain.

What does it cost to hire a car accident attorney?+

Car accident cases are generally handled on contingency: the attorney is paid a percentage of the recovery, and nothing is owed without one. There is no upfront fee for plaintiff representation. Costs (filing fees, witness fees, deposition costs) are in most cases advanced by the firm and reimbursed at resolution. Defense representation is structured differently, generally on hourly or flat-fee arrangements. See our full Contingency Fee Guide for the exact percentages Florida law allows.

How long does a car accident case take?+

It varies. Cases that resolve through pre-suit demand and negotiation commonly take 6 to 12 months from the conclusion of medical treatment. Cases that require litigation generally run 12 to 24 months. Complex cases with serious injuries, multiple defendants, or contested liability can run longer. Full medical treatment and stabilization is generally the gating factor; case value cannot be evaluated accurately until treatment is complete or stable.

Does the firm represent both plaintiffs and defendants?+

Yes. The firm represents both injured drivers pursuing claims and businesses, insurers, or individual defendants facing claims. Each side requires different strategy, but the underlying preparation, document review, and disciplined approach to the case is the same. Conflicts are screened at intake on every matter.

Do you handle cases outside Miami?+

Yes. The firm handles car accident cases across South Florida.

Layers of Car Accident Cases

How Car Accident Cases Are Built

Florida car accident claims involve three parallel work streams that all have to be developed at the same time. The work in each stream feeds the others. A case that is strong in one area but weak in another in most cases settles below its real value.

Liability & Fault Investigation

Police reports, scene photographs, witness statements, vehicle damage, and surveillance video. Florida is a modified comparative negligence state under HB 837 with a 50% at-fault bar.

Insurance & Coverage

Florida PIP under Fla. Stat. § 627.736, third-party liability coverage, uninsured motorist coverage, and underinsured motorist coverage all run on parallel tracks. Coverage analysis happens day one.

Medical & Damages

14-day PIP treatment, ongoing care documentation, future care projections, lost wages, lost earning capacity, and pain and suffering when the no-fault threshold is met.

Three Critical Florida Deadlines

The Statutes That Define These Cases

Florida car accident claims are governed by several time-sensitive frameworks. Missing any of them can permanently affect the recovery. The first 14 days, the first 2 years, and the no-fault threshold all matter for different reasons.

Days / PIP Treatment

Florida PIP 14-Day Rule

Initial medical treatment must occur within 14 days of the accident under Fla. Stat. § 627.736. Failing to meet this deadline can forfeit PIP coverage entirely.

Years / Statute of Limitations

Negligence SOL

For accidents on or after March 24, 2023, the statute of limitations is 2 years under Fla. Stat. § 95.11(4)(a). HB 837 cut this from the prior 4-year period.

No-Fault Threshold

Threshold Test

Pain and suffering damages require crossing Florida's no-fault threshold under Fla. Stat. § 627.737: real scarring, permanent injury, loss of important bodily function, or death.

Plaintiff & Defense Representation

Both Sides of Car Accident Litigation

The firm represents both injured drivers pursuing claims and businesses or insureds defending claims. The strategy is different on each side, but the underlying preparation and discipline is the same.

Pursuing a Claim

Plaintiff Representation

PIP, med-pay, and uninsured motorist benefit claims
Third-party liability claims against the at-fault driver
14-day medical treatment and documentation strategy
No-fault threshold development for pain and suffering
Demand package preparation and negotiation
Litigation when carriers will not pay fair value

Defending a Claim

Defense Representation

Liability and comparative fault defense under HB 837 50% bar
Damages challenges including pre-existing condition analysis
No-fault threshold defense and admissibility motions
Discovery, IME coordination, and technical witness defense work
Settlement evaluation and offer of judgment strategy
Trial defense and post-judgment positioning

Florida Coverage and Recovery

Available Coverage Tracks

Florida car accident recoveries run on multiple insurance tracks. Identifying every available coverage at the start of the case preserves the maximum recovery.

Coverage / Recovery

Source

What It Covers

PIP (Personal Injury Protection)First-party

Your policy

Up to $10,000 in initial medical and lost wages regardless of fault under Fla. Stat. § 627.736. Required coverage in Florida. 14-day treatment rule applies.

Med-Pay (Medical Payments)First-party

Your policy

Optional coverage that pays additional medical bills regardless of fault. Stacks above PIP up to policy limits.

Bodily Injury LiabilityThird-party

At-fault driver's policy

The at-fault driver's coverage for the injured person's damages. Florida does not require this coverage, so many drivers do not carry it.

Uninsured Motorist (UM)First-party

Your policy

Pays when the at-fault driver has no liability coverage. This is commonly the primary recovery vehicle in Florida given the high rate of uninsured drivers.

Underinsured Motorist (UIM)First-party

Your policy

Pays when the at-fault driver's coverage is not enough to cover the injured person's damages. Stacks above the at-fault driver's payment.

Pain & Suffering DamagesThreshold required

Third-party

Available when the no-fault threshold under Fla. Stat. § 627.737 is crossed: meaningful scarring, permanent injury, loss of important bodily function, or death.

Lost Wages and Earning CapacityEconomic

Multiple sources

Past lost wages and future lost earning capacity. PIP covers a portion under the lost-wage component; the balance is recoverable as part of the third-party liability claim.

Comparative Negligence ReductionHB 837

Trial / Settlement

Florida is a modified comparative negligence state. Recovery is reduced by the injured person's percentage of fault. A finding of more than 50% fault bars recovery entirely.

Summary of Florida car accident coverage and recovery framework. Availability, policy limits, and recovery amounts depend on the policies involved, the facts of the accident, the injuries sustained, and the comparative negligence findings.

Case Approach

How a Car Accident Case Gets Built

Car accident cases produce strong recoveries when they are built in the right order. Rushing past the foundation work to chase a quick settlement generally produces a weak settlement.

Liability and the Documentary Record

The first 30 days matter most. Police reports, scene photographs, surveillance video, witness contact information, and vehicle damage documentation all become harder to gather as time passes. Cases with clearly established liability negotiate from a position of strength. Cases with disputed liability require accident reconstruction, additional witness work, and a longer development arc.

Coverage Analysis

Every Florida car accident involves multiple potential coverages: the injured person's PIP, the injured person's UM and UIM, the at-fault driver's liability, any med-pay coverage, and any umbrella policies. Identifying every available source of recovery on day one preserves the maximum claim. Missing a coverage early can permanently reduce the recovery.

In Florida, the most expensive mistake after a car accident is waiting 15 days to see a doctor.

Medical Treatment and the 14-Day Rule

Florida's PIP 14-day treatment requirement under Fla. Stat. § 627.736 is strict. The medical record drives both the PIP recovery and the third-party damages. Continuous, well-documented treatment with the appropriate treating physicians supports the damages claim. Gaps in treatment, inconsistent records, or missed follow-ups all reduce case value. For a practical walk-through of the first 72 hours after a crash, see our guide on what to do after a car accident in Florida.

Demand Package and Negotiation

Carriers respond to documents, not phone calls. A complete demand package with the police report, full medical records, technical reports where appropriate, wage documentation, and legal analysis of liability and damages is what produces a real settlement offer. Cases with thin demand packages tend to receive thin offers.

Litigation Readiness

Most car accident cases settle. The cases that settle on favorable terms are the ones where the carrier knows the case will be tried if the offer is not adequate. Filing suit, completing discovery, taking depositions, and pushing toward trial commonly produces the resolution. The settlement that fully compensates the injured person commonly comes when the carrier sees the case is being prepared seriously.

Cities We Serve

Car Accident Representation Across Miami-Dade and Broward

Each city carries a different set of dangerous corridors, local police departments, and traffic patterns. The pages below cover the particular intersections and roads that matter in each area.

Related Practice Areas

Related Personal Injury Matters

Car accident cases commonly overlap with other personal injury areas. Each related practice carries a distinct framework.

Truck Accidents

Commercial vehicle collisions involving federal motor carrier regulations, layered insurance, and corporate defendants. Different framework from passenger vehicle cases.

Learn More →

Motorcycle Accidents

Severe trauma cases with disputed visibility and contested fault patterns. Different statutory framework with particular rider considerations.

Learn More →

Insurance Disputes

Delays, undervaluation, denials, bad faith, and PIP litigation when carriers refuse to pay fair claim value. HB 837 framework applies.

Learn More →

Personal Injury

For accident cases that span multiple categories or where the case posture requires broader personal injury strategy.

Learn More →

Speak With Andre

Direct attorney access at (305) 774-7000

Florida's 14-day PIP rule and 2-year statute of limitations are strict. Cases that resolve well are the ones where counsel was engaged early, the medical record was preserved, and the demand was built carefully. Initial consultations are free and confidential, with no obligation to retain. Calling early in a matter in most cases creates more options than calling late.

Call (305) 774-7000 Request Confidential Consultation

Client Reviews

What Our Clients Say

Verified Google reviews from clients represented by the firm across Miami-Dade and South Florida. See our full client testimonials page for more.

    
 
 
       Posted on Google  
   
   Eddy's Dogs aka Eddy's K9 Rescue 
 
 
 
 Trustindex verifies that the original source of the review is Google. Absolutely recommend this law firm. They handled my case and I was amazed at the attention and information I got. I highly recommend them and will be using their services again.
  
 
      Posted on Google  
   
   Carlos Zaldivar 
 
 
 
 Trustindex verifies that the original source of the review is Google. Andre is an exceptional lawyer.  Andre represented me in a civil case and did an exceptional job when I was told not to bother with a suit.  Andre succeeded, and I got my money back.  I send all my friends to Andre
  
 
      Posted on Google  
   
   Bob R 
 
 
 
 Trustindex verifies that the original source of the review is Google. Andre has represented me, my family and friends on several legal matters. He is always available to provide sound, practical advice and more than willing and able to fight for you when necessary. It’s reassuring to have a qualified, experienced lawyer in my corner to protect me and my interests when I need it.

Owner's reply
Bob, thank you. Clients who return and who send their family and friends give me the highest compliment. I’m grateful for your confidence and I’m always here if you need me.
  
 
      Posted on Google  
   
   Phil Glatzer 
 
 
 
 Trustindex verifies that the original source of the review is Google. As an attorney, I have often referred my clients to André for legal work that I myself cannot handle and everyone has always been very satisfied with his representation. I highly recommend him.

Owner's reply
Thanks Phil. A referral from a colleague who knows the work means a great deal to me. I take every case you send my way seriously, and I’m glad the clients were well served.
  
 
      Posted on Google  
   
   Pedro Carrera 
 
 
 
 Trustindex verifies that the original source of the review is Google. I can always count on him. An honest lawyer.

Owner's reply
Thanks Pedro.
  
 
      Posted on Google  
   
   Gabriel Hernandez 
 
 
 
 Trustindex verifies that the original source of the review is Google. Extremely quick and efficient . My ticket was handed and I didn’t have to worry about it once. His staff is also super helpful giving multiple updates on the status

Owner's reply
It's great to hear you were pleased. We are happy we were able to take the burden off your shoulders and resolve your issue for you.
  
 
      Posted on Google  
   
   Andrew Varela 
 
 
 
 Trustindex verifies that the original source of the review is Google. An amazing attorney who gives every case the care and attention it deserves. His attention to detail is exceptional, and it’s clear that he takes pride in his work and truly cares about his clients. I highly recommend him to anyone looking for a dedicated, thorough, and attentive attorney!

Owner's reply
I really appreciate that Andrew. Thank you.
  
 
      Posted on Google  
   
   Daniel Hernandez 
 
 
 
 Trustindex verifies that the original source of the review is Google. I highly recommend this law firm! I had a ticket, and they kept me updated and got it dismissed. Kaylee was my go-to for communication, and Andre is excellent at what he does.

Owner's reply
Thanks Daniel. I am glad we were able to resolve your issue.