Accident types
Florida Car Accidents: What Drivers Need to Know
A Florida car accident kicks off two parallel processes: your no-fault PIP claim, and — for anything serious — a claim against the at-fault driver. Here's how they fit together.
Last reviewed: January 2026
At the scene
- Move to safety if you can, then call 911.
- Do not admit fault — even a reflexive "I'm sorry" can appear in a report.
- Photograph vehicle positions, damage, license plates, road conditions, traffic signs, and any visible injuries.
- Get contact info for every witness, not just the drivers.
- Accept medical evaluation. Adrenaline masks injuries; whiplash and concussions often show up hours later.
Reporting the crash
Under Florida Statute §316.065, a driver must immediately report any crash involving injury, death, or apparent property damage of $500 or more. If law enforcement doesn't investigate at the scene, you must file a written self-report within 10 days.
PIP comes first
Because Florida is a no-fault state, your own insurer's PIP coverage pays your first bills regardless of who caused the crash — up to $10,000, and only if you're seen by a qualifying provider within 14 days. See the full PIP guide for the details that most often go wrong.
Fault and modified comparative negligence
For anything beyond PIP — pain and suffering, medical costs above $10,000, long-term disability — you need to prove the other driver was at fault. Since 2023, Florida uses a modified comparative negligence rule:
- Your share of fault reduces your recovery proportionally.
- If you're found more than 50% at fault, you recover nothing.
Example: a jury values your damages at $100,000 but finds you 30% at fault. You recover $70,000. If they find you 51% at fault, you recover $0.
What your claim can include
- Past and future medical bills (above what PIP paid);
- Lost wages and reduced future earning capacity;
- Property damage to your vehicle;
- Pain, suffering, and loss of enjoyment of life (if you meet the serious-injury threshold);
- In rare cases involving intentional misconduct or gross negligence, punitive damages.
Common mistakes that shrink Florida car accident cases
- Missing the 14-day PIP treatment window.
- Giving a recorded statement to the other driver's insurer.
- Posting anything about the crash — or your activities — on social media.
- Signing a medical authorization broader than the crash itself.
- Accepting the first offer before treatment is complete and future costs are known.