Florida Car Accident FAQs

These are the questions we field most often in the first weeks after a crash. Each answer links to a fuller discussion where one exists.

Deadlines and Timing

How long do I have to file a lawsuit in Florida?

Two years from the date the cause of action accrued, for most negligence claims. The window was four years until 2023, and claims that accrued before the change may still follow the older rule. Wrongful death claims carry a two-year limit running from the date of death. The exceptions and the separate rules for government claims are covered under the filing deadline.

Is there a deadline for seeing a doctor?

Yes, and it is much shorter. Florida no-fault coverage requires initial treatment within 14 days of the crash. Missing that window forfeits medical benefits entirely, regardless of the reason for the delay.

How long will my case take?

It depends almost entirely on how long you remain in treatment, since a claim cannot be valued until the medical picture stabilizes. Realistic ranges by injury type appear under case timelines.

Fault and Liability

What if I was partly at fault?

You can still recover, with your compensation reduced by your percentage of blame, unless you are found more than 50 percent responsible. Above that line, Florida bars recovery entirely. How those percentages get argued is covered under comparative fault.

The police report says the other driver was at fault. Does that settle it?

No. An officer’s opinion is a starting point for investigation, and Florida law makes crash reports inadmissible at trial. Insurers routinely dispute fault regardless of what the report says.

Can more than one person be responsible?

Frequently. Employers, vehicle owners, commercial carriers, and property owners can all share responsibility, and identifying every one matters when injuries exceed a single policy. This is addressed under liability.

Insurance

Whose insurance pays first?

Yours. Florida requires at least $10,000 in personal injury protection, which pays regardless of fault. It covers 80 percent of reasonable medical expenses and 60 percent of lost wages, and without certification of an emergency medical condition the medical limit drops to $2,500.

Do I have to give the other driver’s insurer a recorded statement?

No. You owe cooperation to your own carrier under your policy. You owe the other driver’s carrier nothing. Those calls frequently produce the fault theory an insurer argues for the rest of the claim, as explained under dealing with insurance companies.

What if the other driver had no insurance?

Florida does not require bodily injury liability coverage, so this happens often. Uninsured and underinsured motorist coverage on your own policy is usually the answer, which is worth checking on your declarations page now rather than after a crash.

Should I accept the first offer?

Rarely. Early offers arrive before anyone knows what the injury will cost, and accepting one releases the claim permanently. Surgery recommended six months later becomes your problem alone.

Injuries and Compensation

What can I recover?

Economic losses including medical bills, lost income, and reduced earning capacity, plus non-economic losses for pain and diminished quality of life. The distinction and how each is proven appear under damages.

Can I get compensation for pain and suffering?

In a vehicle case, only if your injury meets Florida’s statutory threshold, which requires permanent injury, significant and permanent loss of an important bodily function, permanent scarring or disfigurement, or death. The threshold and what satisfies it are covered under pain and suffering.

I felt fine at the scene but hurt now. Does that hurt my claim?

It complicates it without ending it. Adrenaline masks symptoms, and neck, back, and head injuries commonly surface a day or more later. The problem is the argument it hands the insurer, which is why prompt evaluation matters even when you feel able to walk away.

What if I had a prior injury to the same area?

Aggravation of a preexisting condition is compensable. Florida follows the principle that a defendant takes the injured person as they find them. Proving it requires showing you functioned normally before and do not now.

Practical Questions

How much does a lawyer cost?

Nothing upfront. Injury representation runs on contingency fees, meaning payment comes from the recovery, and consultations are free.

Do I need a lawyer for a minor crash?

Not always. Where liability is clear, injuries resolved quickly, and the insurer is paying without argument, representation may add cost rather than value. The situations that change that calculation appear under when to hire an attorney.

How do I get my crash report?

Through the FLHSMV report portal. Reports may take up to ten days to appear, and FLHSMV currently advises contacting the investigating agency directly if a report older than ten days cannot be located.

Talk to a Florida Personal Injury Attorney

General answers only go so far, and the details of a particular crash usually determine the outcome. Tuttle Larsen Injury Attorneys has handled these claims across the Treasure Coast and Space Coast for more than 55 years combined. A car accident lawyer from our office can answer the questions specific to your situation. We also handle motorcycle and truck collisions throughout the region. If you were hurt in a crash, contact our office to discuss it. Cases are handled on a contingency fee basis, and consultations are free.

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