- Disclaimer: The following information is for educational purposes only and does not constitute legal advice. Florida laws are subject to change. For specific legal guidance, please consult with our qualified car accident attorneys.
With over 15 million drivers navigating Florida’s interstates, highways, and byways, the risk of collision is a daily reality. Roughly 400,000 crashes occur annually in the Sunshine State. While accidents are common, the moments immediately following a crash can be chaotic and confusing.
Understanding your duties under Florida law—and the intricacies of the state’s insurance system—is vital to protecting your rights and your financial future.
1. Immediate Duties at the Scene
Florida law is strict regarding your responsibilities immediately following a collision. Failing to adhere to these steps can result in traffic citations or, in severe cases involving hit-and-run, criminal charges.
Stop and Assess
You must stop immediately at the accident scene. Check for injuries. If anyone is injured, you are legally obligated to render “reasonable assistance,” which includes calling for emergency medical services.
Clear the Road (Move It or Lose It)
If the vehicle is movable and there are no serious injuries or fatalities, Florida Statute 316.061 requires you to move the vehicle out of the flow of traffic to prevent secondary accidents and congestion.
Contact Authorities
You must report the crash to the local police, sheriff, or Florida Highway Patrol immediately if the crash involves:
- Injury or death.
- A hit-and-run.
- An intoxicated driver.
- Property damage appearing to be over $500.
- A vehicle that requires a tow truck.
2. Gathering Evidence: Building Your Case
While waiting for law enforcement, your priority (after safety) is evidence collection. Memories fade, but digital evidence is permanent.
- Exchange Information: Collect names, addresses, phone numbers, insurance policy numbers, and driver’s license numbers from all drivers involved.
- Witnesses: If bystanders stopped, ask for their contact information immediately. They often leave before police arrive.
- Documentation: Take photos of the vehicle damage, license plates, the road conditions, traffic signs, and any visible injuries.
- Silence is Golden: Be polite, but do not admit fault at the scene. Apologizing can be misinterpreted as an admission of liability.
3. Understanding Florida Insurance: The “No-Fault” System
Florida is one of the few states that follows a specific “No-Fault” insurance scheme. To register a vehicle, you must carry the following minimum coverage:
| Coverage Type | Minimum Limit | Purpose |
| Personal Injury Protection (PIP) | $10,000 | Covers your medical bills and lost wages, regardless of who caused the crash. |
| Property Damage Liability (PDL) | $10,000 | Pays for damage you cause to other people’s property (e.g., their car, a fence). |
The Critical “14-Day Rule”
To access your PIP benefits, you must seek medical attention within 14 days of the accident. If you fail to see a doctor within this window, your insurance provider may deny your claim entirely, leaving you responsible for all medical costs.
4. Determining Fault: Negligence and Liability
While PIP covers your immediate minor medical bills, serious accidents often involve claims against the other driver. This is where Negligence comes into play. Negligence occurs when a driver fails to exercise reasonable care—such as speeding, texting, or running a red light—resulting in harm to another.
The Shift to Modified Comparative Negligence
Important Legal Update: As of March 2023, Florida transitioned from a “Pure” comparative negligence system to a Modified Comparative Negligence system.
What this means for you:
- Shared Fault: Liability can be split. If a jury decides you were 20% at fault and the other driver was 80% at fault, your compensation is reduced by your 20% share.
- The 50% Bar: If you are found to be more than 50% at fault for the accident, you are barred from recovering any damages from the other party.
5. The Claims Process
After the accident, you will interact with insurance claims adjusters. Their job is to assess the evidence—police reports, witness statements, photos, and medical records—to determine fault and payout amounts.
Steps to ensure a smoother claims process:
- Report Immediately: Notify your insurer as soon as possible.
- Stick to Facts: When speaking to adjusters, stick to the objective facts. Do not speculate on injuries or vehicle speeds.
- Medical Records: Keep a detailed file of all doctor visits, diagnoses, and bills.
- Repairs: Take your vehicle to a reputable auto body shop for an assessment. You have the right to a thorough estimate.
Settlement vs. Litigation
The adjuster will eventually propose a settlement or deny the claim. If the settlement does not cover your losses, or if fault is disputed, the case may proceed to a lawsuit where a judge or jury will apply the Modified Comparative Negligence standard to the evidence you gathered.
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