Florida Car Accident Lawyer

Do you have to use PIP first after a Florida car crash?

Yes. Florida is a no-fault state, so your own personal injury protection coverage pays first, regardless of who caused the crash. PIP generally covers a portion of medical bills and lost income up to $10,000.

There is a strict timing rule: you generally must receive initial medical treatment within 14 days of the crash for PIP to pay. Benefits may also be limited to a lower amount if a qualified provider does not find an emergency medical condition. Those rules make the first two weeks after a crash important. If you feel sore but not badly hurt, getting checked promptly protects both your health and your benefits.

PIP does not pay for pain and suffering, and it does not cover every expense. Once PIP is exhausted, health insurance, medical payments coverage and the at-fault driver's insurance may come into play.

When can you claim pain and suffering in Florida?

Only if your injury meets Florida's tort threshold. In general, that means significant and permanent scarring or disfigurement, a permanent injury within a reasonable degree of medical probability, significant and permanent loss of an important bodily function, or death.

Meeting the threshold usually requires a treating physician's opinion. Fractures that heal normally may not qualify, while a herniated disc with lasting limits or a surgical scar may. Insurers often dispute permanency, so imaging, specialist opinions and a consistent treatment history are important. Economic losses beyond PIP can generally be pursued without meeting the threshold.

Why does uninsured motorist coverage matter so much in Florida?

Because many Florida drivers carry little or no bodily injury liability coverage. Florida requires PIP and property damage coverage, but most drivers are not required to carry bodily injury liability insurance unless certain events occur.

That means the driver who hit you may have nothing to pay your pain and suffering claim. Your own uninsured motorist coverage can fill that gap. Florida insurers must offer UM coverage, and drivers can reject it in writing or choose stacked or non-stacked versions. Stacked coverage can allow you to combine limits for multiple vehicles on your policy. Our team reviews your policy and any signed forms before advising on your options.

Florida also holds vehicle owners responsible when they lend their car to someone who causes a crash. That rule can add the owner's policy to the claim, although federal law generally protects rental car companies from this type of owner liability.

How does Florida's 51% rule apply to an intersection crash?

Your recovery is reduced by your share of fault, and you recover nothing if you are found more than 50% responsible. This modified rule applies to car crash claims arising on or after March 24, 2023.

Consider a crash at a busy Orlando intersection. You entered on a late yellow light, and a driver turning left in front of you was looking at a GPS screen. A jury values your damages above PIP at $200,000.

• You are 20% at fault: you recover $160,000.
• You are 50% at fault: you recover $100,000.
• You are 51% at fault: you recover nothing.

Before 2023, a driver found 60% at fault could still recover 40%. That is no longer true for most car crash claims, which is why proving the other driver's role through traffic cameras, phone records and vehicle data matters more than ever.

What if a tourist, rental car or rideshare driver hit you?

Florida's visitors, rental cars and rideshare vehicles add layers to many claims. Each involves different insurance and different rules about who can be held responsible.

Visitors may carry policies from other states, which may or may not provide Florida-required coverage. Rental car companies are generally protected from owner liability by federal law, but the renter's own coverage and any rental policy may apply. For rideshare crashes, the company's commercial policy generally applies once the driver is logged into the app, with the highest limits during a trip. See our rideshare and taxi accident page and our pedestrian accident practice if you were walking.

What should you do after a Florida car crash?

See a doctor within 14 days, report the crash, and keep the evidence that supports a permanent injury.

1. Call police after any crash involving injuries; if no officer writes a report, a written report is generally required within 10 days.
2. Get medical care within 14 days to protect your PIP benefits.
3. Report the claim to your own insurer and ask about UM coverage.
4. Follow your treatment plan and keep imaging and specialist reports.
5. Contact our team for a free case review. Our Florida injury overview covers other deadlines, and our Florida truck accident page explains commercial vehicle claims.