A car accident in Florida happens in seconds. The aftermath lasts months. What you do in the first 72 hours decides how your insurance claim plays out. It decides whether your medical care gets covered. And it shapes how strong your case looks if it ever needs a lawyer.
This guide walks through what to do at the scene, in the days that follow, and in the weeks after. Florida has its own quirks. The state’s no-fault insurance system shapes how medical bills get paid. The shortened statute of limitations narrows how long you have to file suit. Comparative negligence rules can reduce what you recover.
At the scene: the first 30 minutes
Your priorities at the scene, in order:
- Check yourself and others for injuries. If anyone is hurt or unresponsive, call 911 immediately. Even minor accidents can produce serious injuries that adrenaline masks for hours.
- Move to safety if possible. If your vehicle can be moved and is creating a hazard, get it to the shoulder. If it cannot be moved, turn on hazard lights and stay clear of traffic.
- Call the police. In Florida, you are required to report accidents that involve injury, death, or property damage of $500 or more. When in doubt, call. A police report becomes important documentation later.
- Do not admit fault. This is one of the most important things to remember. Do not say “I’m sorry.” Do not say “I didn’t see you.” Do not speculate about who caused the accident. Anything you say can be used by the other driver’s insurance company to reduce your claim.
Document everything
Use your phone to capture as much as possible:
- Photos of all vehicles involved, from multiple angles
- Photos of any visible injuries
- Photos of the road, weather conditions, traffic signals, and skid marks
- Photos of license plates and the other driver’s insurance card
- Names and phone numbers of any witnesses
- The badge number and contact info of any responding officer
Even if you think the accident was minor, document it. What looks minor at the scene can turn into a serious medical issue or an insurance dispute weeks later.
Get medical attention, even if you feel fine
This is the step people skip most often, and it is the most important.
Adrenaline masks pain. Whiplash and concussion symptoms often surface 24 to 72 hours after the accident. Soft tissue injuries can take just as long. Internal injuries can be silent for days. By the time you feel the pain, you may have lost the documentation that connects it to the accident.
Florida law also requires you to seek medical attention within 14 days of an accident to qualify for full Personal Injury Protection (PIP) benefits. Wait longer than 14 days, and you may lose access to up to $10,000 in coverage you paid for.
If anything feels wrong, go to an urgent care or emergency room the same day. If nothing feels wrong, schedule a follow-up with your doctor within a week. Tell every provider that the visit relates to the accident.
Florida’s no-fault insurance system
Florida is a no-fault state. This means that after most accidents, your own auto insurance pays for your medical expenses and lost wages, regardless of who caused the accident. Every driver in Florida is required to carry at least $10,000 in PIP coverage.
A few things this means in practice:
- You file your initial medical claim with your own insurance, not the other driver’s
- You can sue the at-fault driver only in cases involving serious injury, permanent injury, or significant scarring
- Property damage claims work differently from medical claims
- PIP covers 80% of your medical bills and 60% of lost wages, up to your policy limit
The no-fault system is more complicated than this summary, and the threshold for suing the other driver is one of the most disputed questions in Florida personal injury law. If your injuries are anything beyond minor, talk to an attorney before deciding how to handle your claim.
Talking to insurance companies
Within hours of your accident, you will probably get a call. Sometimes it will be your own insurance company. Sometimes it will be the other driver’s insurance company. Both calls deserve careful handling.
Your own insurance company
You have a contractual duty to cooperate with your own insurer. Report the accident promptly. Provide basic facts. Do not exaggerate. Do not minimize.
The other driver’s insurance company
You have no duty to talk to the other driver’s insurer. You can politely decline. The adjuster’s job is to settle the claim for as little as possible. Anything you say to them can be used to reduce or deny your claim.
Common tactics from opposing adjusters:
- Asking for a recorded statement (you do not have to give one)
- Requesting your full medical history (you do not have to provide it)
- Offering quick settlement before you know your full medical situation
- Asking leading questions designed to elicit “I’m fine” type answers
If you are unsure how to handle these calls, talk to an attorney first. Most personal injury attorneys offer free consultations.
The 14-day rule and the 2-year rule
Two Florida deadlines matter most:
- 14 days for medical care. To preserve your full PIP benefits, you must receive medical care within 14 days of the accident.
- Two years to file a lawsuit. For accidents on or after March 24, 2023, Florida law gives you two years from the date of the accident to file a personal injury lawsuit. Older accidents may still fall under the prior four-year rule, but assuming the longer window is risky.
If you wait too long, you lose your right to recover, regardless of how clear the other driver’s fault was.
When to call an attorney
Not every accident needs an attorney. A minor fender-bender with no injuries and clear fault may resolve through insurance without legal help.
Talk to a personal injury attorney if any of these apply:
- Anyone was injured, even minor injuries that may worsen
- Fault is disputed
- The other driver was uninsured or underinsured
- The insurance company is delaying, denying, or offering a low settlement
- You are losing income from missed work
- The accident involved a commercial vehicle, rideshare, or government vehicle
- You feel pressured to sign anything
Most attorneys offer free initial consultations and work on contingency, meaning you pay nothing unless they recover money for you.
What not to do
- Do not post about the accident on social media. Photos of you smiling or active can be used to dispute injury claims.
- Do not sign anything from the other driver’s insurer without a lawyer reviewing it. Releases and quick settlements often end your right to further compensation.
- Do not ignore symptoms. Pain that appears days later is real, and untreated injuries get worse.
- Do not skip follow-up appointments. Gaps in treatment are used by insurers to argue you were not really hurt.
If you need help
The Law Offices of Andre A. Rouviere has handled personal injury cases in Miami-Dade County since 1989. Andre Rouviere personally reviews every case at the firm. Initial consultations are free and confidential, with no obligation to retain. Personal injury cases are handled on contingency.
If you or a family member has been in a car accident, contact us at (305) 774-7000 or visit our contact page to schedule a consultation.
This article is provided for general informational purposes and does not constitute legal advice. Each case has its own facts, and reading this article does not create an attorney-client relationship. For advice on a specific situation, please consult with an attorney directly.