Learn what you can do after a Florida car accident to protect your safety, legal rights, and financial interests.
On average, over 691 people are injured or killed each day on Florida roadways.¹
When you or a family member are injured in a Florida traffic accident, you may be entitled to financial compensation. Here’s what you can do at the accident scene to protect yourself and start building a strong injury claim.
What to Do After a Florida Car Accident
Here are five steps you can take at the accident scene to protect your safety and your right to personal injury compensation.
1. Stay At the Scene and Exchange Information
Florida car accident law requires drivers in a crash that results in death or bodily injury to immediately stop and stay at the scene, or as close as safely possible.
Drivers must provide their name, address, and vehicle registration to the driver and occupants of the other vehicle. Drivers must also provide their license or permit to any police officers at the scene.
2. Call 911 and Help the Injured
Drivers in an accident are obligated to render reasonable aid to the injured, and arrange for transportation to a physician or hospital when the person is obviously injured or requests medical help.
Calling 911 to report the accident and request an ambulance will usually satisfy this requirement. Try to help the injured as best you can while waiting for emergency responders to arrive.
3. Seek Prompt Medical Treatment
After the sudden impact of a collision, you may be stunned or experience a surge of adrenaline that can mask signs of serious injuries. Never refuse or delay medical attention after a motor vehicle accident.
If you aren’t transported to the hospital by paramedics, make arrangements to go to the hospital, an urgent care center, or your doctor’s office for an evaluation as soon as possible, preferably on the same day as the accident. Tell the medical provider about all of your injuries and symptoms, not just the most serious ones.
Note: Personal Injury Protection (PIP) coverage, as required by Florida law, will only cover injuries if the person seeks medical treatment within 14 days of the accident.
4. Gather Evidence From the Scene
In no-fault insurance states like Florida, you must rely on your own insurance company to cover most injury claims, no matter who caused the accident.
If your injuries are serious enough to exceed the no-fault threshold, you and your attorney must prove the other driver was responsible for causing the crash. The police crash report is strong evidence of fault, especially if the other driver was ticketed for a traffic violation.
Other types of evidence include:
- Photographs and video of the crash scene
- Names and contact information from witnesses
- Your personal notes about the accident
5. Notify Both Insurance Companies
Notify your own insurance company as soon as possible that you were in an accident and intend to make a claim. Florida is a no-fault insurance state, so most car accident injury claims will be covered by your Personal Injury Protection (PIP) coverage.
If your injuries are severe enough to exceed the no-fault threshold, you’ll need a personal injury attorney to handle your claim against the at-fault driver. Your attorney will notify the at-fault driver’s insurance company of your intent to file a liability claim.
Florida Fault and Liability Rules
Florida is a no-fault state, meaning most car accident injury claims are paid by the victim’s Personal Injury Protection (PIP) coverage.
PIP will pay 80 percent of all necessary medical expenses up to $10,000 for injuries arising from a car accident, and 60 percent of your lost wages if you can’t work because of your injuries. If you need replacement services like lawn care, PIP will pay 100 percent. PIP does not pay for non-economic damages, like pain and suffering.
Remember, PIP only covers car accident injuries if you seek medical care and treatment within 14 days of the accident.
Injuries Exceeding the No-Fault Threshold
Florida only allows accident victims to pursue compensation from the at-fault driver when their injuries are serious enough to exceed the no-fault threshold.
Florida no-fault exceptions include:
- Significant and permanent loss of an important bodily function
- Permanent injury within a reasonable degree of medical probability, other than scarring or disfigurement.
- Significant and permanent scarring or disfigurement.
- Death
Victims with injuries exempted from the no-fault rules can seek compensation for the full amount of damages, including medical expenses, lost income, out-of-pocket costs, and pain and suffering.
Florida Shared Fault Rules
Florida follows a pure comparative fault rule. You can seek compensation from the other driver even when you share some blame for your injuries. If you are share any part of the blame, your compensation will be reduced in proportion to your share of fault.
Example of Pure Comparative Fault in Florida
Sharon was driving on Turner Street in Clearwater, approaching Skyview Avenue. Brandon was also traveling on Turner, approaching Skyview from the other direction.
Sharon began making a left turn onto Skyview just as Brandon was proceeding straight through the intersection. Their vehicles collided, injuring both drivers. Sharon was cited for failing to yield the right of way. The ambulance report indicated Brandon was not wearing a seatbelt when the crash occurred.
Brandon filed an injury claim for $40,000 with Sharon’s insurance company, which ended up in court when negotiations failed. The jury determined that Sharon was 75 percent to blame because she caused the accident. However, Brandon was 25 percent liable for his damages because he wasn’t wearing a seatbelt that could have minimized his injuries.
The jury awarded $30,000 to Brandon, representing a 25 percent reduction to his claim value.
Florida Car Accident Compensation
Insurance companies in Florida pay out more than $14.5 billion in auto accident claims each year.
A minor to moderate injury claim will typically fall within Florida’s no-fault boundaries. Your Personal Injury Protection (PIP) coverage will pay 80 percent of your medical bills, and 60 percent of your lost wages. There is no PIP coverage for non-economic damages.
Use our free Florida Personal Injury Calculator to estimate the value of a minor to moderate claim.
Talk to an experienced personal injury attorney about a severe injury or wrongful death claim. The claim will include the full value of present and future medical treatment, lost income, and the extreme pain and distress of severe injuries.
Average Car Accident Settlements in Florida
The average injury settlement for a moderate car accident claim in Florida is $40,595, with average payouts ranging from $5,746 to $1,601,517. Settlements and court awards can range from $266 for very minor injuries to more than $23,000,000 for catastrophic injuries.
Injury settlements can vary widely, depending on the circumstances of the accident, the scope of the victim’s injuries, and the applicable insurance limits. Accidents involving severe injuries and commercial liability insurance will have the largest payouts.
For example, look at these two rear-end accident cases with low and high payouts:
- In Palm Beach County, Joseph v. Beard, 00-10071 AO, a jury awarded $266 to the victim for soft-tissue neck injuries. The jury determined there was no permanent injury.
- In Brevard County, Jones v. Schwartz, 98-04783-CA-T/C/V, the case was settled for $6,400,000 after the jury had been deliberating for seven hours. The victim was left with permanent paraplegia and quadriparesis.
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Factors that impact Florida accident compensation include:
- Scope and severity of injuries
- Shared fault for the crash
- Multi-vehicle collisions
- Multiple injured victims
- Fatalities
- Available insurance coverage
When you and others are seriously injured, the at-fault driver’s liability insurance might not be enough to cover everyone’s injuries after PIP is exhausted.
Florida State Minimum Insurance Requirements
Florida drivers are required to carry an auto insurance policy with minimum limits of $10,000 in Personal Injury Protection (PIP) and Property Damage Liability (PDL). Florida does not mandate personal injury liability coverage.
Despite Florida mandatory auto insurance laws, more than 20 percent of Florida drivers are uninsured.
Florida does not require drivers to have uninsured (UM) and underinsured (UIM) motorist coverage on their auto policies. When you have UM and UIM coverages, you can turn to your own insurance company for compensation after an accident caused by a hit-and-run, a driver with no insurance, or a driver with minimal coverage.
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