What to do after a car accident in Florida
Every rule below is quoted from Florida law or a state agency, with a link. Checked September 17, 2026.
No fault state
The short answer
Florida is a no-fault state. Drivers must carry personal injury protection insurance that pays their own medical bills after a crash no matter who caused it, and the right to sue the other driver for pain and suffering is limited unless the injury is serious. A driver must immediately report a crash to local police, the county sheriff, or the Florida Highway Patrol when the crash causes injury, death, or at least $500 in apparent property damage. You have 2 years to sue over injuries from a car crash.
Deadlines in Florida
- 2 years
- to sue for injuriesFla. Stat. § 95.11(5)(a)
- 2 years
- to sue for car or property damageFla. Stat. § 95.11(5)(a)
- 2 years
- for a family to sue after a deathFla. Stat. § 95.11(5)(e)
- 3 years
- to notify the government if a public vehicle or road was involvedFla. Stat. § 768.28(6)(a)
Miss one of these and you can lose the right to claim, even with a strong case.
At the scene
Stop, share your information and help anyone hurt
A driver in a Florida crash must stop at the scene, give their name, address, and vehicle registration number to the other driver, show their license if asked, and give reasonable help to anyone injured, including arranging a ride to get medical care.
“his or her name, address, and the registration number of the vehicle he or she is driving, and shall upon request and if available exhibit his or her license or permit to drive”
When you must call the police
A driver must immediately report a crash to local police, the county sheriff, or the Florida Highway Patrol when the crash causes injury, death, or at least $500 in apparent property damage.
“damage to any vehicle or other property in an apparent amount of at least $500”
Moving your car out of traffic
If a damaged vehicle is blocking traffic after a property damage only crash, Florida law says the driver must make every reasonable effort to move it, or have it moved, so it does not block the regular flow of traffic.
“if a damaged vehicle is obstructing traffic, the driver of such vehicle must make every reasonable effort to move the vehicle or have it moved so as not to block the regular flow of traffic”
In the days after
Whether you must file a report yourself
If a property damage crash was not investigated by police, the driver must send a written report to Florida's highway safety department within 10 days, on the department's approved form.
“The driver of a vehicle that was in any manner involved in a crash resulting in damage to a vehicle or other property which does not require a law enforcement report shall, within 10 days”
Getting a copy of the crash report
Florida crash reports can be bought online through the FLHSMV Crash Portal for $10 per report plus a $2 convenience fee, and reports are usually available within about 10 days of the crash.
“The fee for crash reports is $10.00 per report, per section 321.23, Florida Statutes.”
Who pays for the damage
Florida is a no-fault state. Drivers must carry personal injury protection insurance that pays their own medical bills after a crash no matter who caused it, and the right to sue the other driver for pain and suffering is limited unless the injury is serious.
“maintain security for personal injury protection as required by the Florida Motor Vehicle No-Fault Law”
Insurance rules in Florida
What insurance every driver must carry
Florida requires drivers to carry at least $10,000 in personal injury protection and $10,000 in property damage liability coverage. Bodily injury liability coverage is not required for most drivers, though it is required for taxis and some other drivers.
“a minimum of $10,000 in PIP AND a minimum of $10,000 in PDL”
Personal injury protection (PIP)
Florida requires most drivers to carry at least $10,000 in personal injury protection insurance, which pays medical and disability benefits after a crash no matter who was at fault, plus $5,000 in death benefits.
“to a limit of $10,000 in medical and disability benefits and $5,000 in death benefits”
When you can sue the other driver
You can sue the at fault driver for pain and suffering only if the crash caused a significant and permanent loss of an important body function, a permanent injury other than scarring, significant permanent scarring or disfigurement, or death.
“Significant and permanent loss of an important bodily function.”
If the other driver has no insurance
Insurance companies selling bodily injury liability policies in Florida must include uninsured motorist coverage, unless the policyholder rejects it in writing.
“No motor vehicle liability insurance policy which provides bodily injury liability coverage shall be delivered or issued for delivery in this state...unless uninsured motor vehicle coverage is provided therein”
Medical payments coverage
Florida does not require drivers to carry medical payments coverage. It is an optional add on that some insurers sell, separate from the required personal injury protection and property damage liability coverage.
“Any vehicle with a current Florida registration must: be insured with PIP and PDL insurance at the time of vehicle registration.”
If an insurance company treats you unfairly
To complain about an insurance company in Florida, file online through the Department of Financial Services Consumer Assistance Portal.
“Submit a concern related to insurance products, including bonds, warranties and annuities, online by visiting our Consumer Assistance Portal.”
The deadline rules, word for word
Deadline to sue for injuries
You have 2 years to sue over injuries from a car crash.
“(5) WITHIN TWO YEARS., (a) An action founded on negligence.”
Deadline to sue for car damage
You have 2 years to sue over vehicle or property damage from a crash, the same deadline as for injuries, since these claims are also based on negligence.
“(5) WITHIN TWO YEARS., (a) An action founded on negligence.”
Deadline for a wrongful death claim
A wrongful death lawsuit from a crash must be filed within 2 years of the death.
“An action for wrongful death.”
If a government vehicle or road was involved
If a Florida state or local government vehicle or road is involved, you must present a written claim to the government agency, and in most cases also to the Department of Financial Services, within 3 years of the crash, and the agency must deny the claim in writing before you can sue.
“presents the claim in writing to the appropriate agency ... within 3 years after such claim accrues and the Department of Financial Services or the appropriate agency denies the claim in writing”
Sources on this page
Each one was opened and checked on September 17, 2026.
- Fla. Stat. § 627.7407
- Fla. Stat. § 627.736(1)
- Fla. Stat. § 627.737(2)(a)
- Fla. Stat. § 768.81(6)
- Fla. Stat. § 95.11(5)(a)
- Fla. Stat. § 768.28(6)(a)
- Fla. Stat. § 316.065(1)
- Fla. Stat. § 316.066(1)(e)
- Florida Department of Highway Safety and Motor Vehicles, Insurance
- Fla. Stat. § 627.727(1)
- Fla. Stat. § 316.062(1)
- Fla. Stat. § 316.061(1)
- Florida Department of Highway Safety and Motor Vehicles, Traffic Crash Reports
- Florida Department of Financial Services, Need Our Help
- Rules Regulating The Florida Bar, Rule 4-1.5(f)(4)(B)
Know My Claim is not a law firm or a government agency, and this page is not legal advice. Laws change, so check the linked source before you rely on a deadline.