A car accident in Florida can trigger several important deadlines, and some of them begin running from the date of the crash.
One deadline is 14 days. Another involves whether a medical provider determines that you suffered an emergency medical condition. And, in many negligence cases, another important deadline is two years.
Miss one of these requirements and you could lose access to certain PIP benefits or, in some circumstances, lose the ability to bring a lawsuit altogether.
Florida is a no-fault state for purposes of Personal Injury Protection (PIP), meaning your own PIP coverage generally provides benefits for certain medical expenses and lost income regardless of who caused the crash. But having insurance does not mean every expense or injury is automatically covered. Florida law sets specific requirements for accessing PIP benefits and for pursuing a claim against the at-fault party.
The Three Important Car Accident Deadlines in Florida
| Requirement | What Florida law provides | What happens if you miss it |
| 14 days | Initial services and care must generally be received within 14 days after the accident to qualify for PIP medical benefits | You may lose eligibility for PIP medical benefits |
| Emergency medical condition determination | A qualifying medical provider must determine whether an emergency medical condition exists for PIP medical benefits to be available up to the $10,000 limit | Without an emergency medical condition determination, PIP medical benefits may be limited to $2,500 |
| 2 years | A negligence action generally must be filed within two years under Florida’s statute of limitations | The lawsuit may be barred if it is filed after the applicable deadline |
These requirements work differently. The 14-day rule is an actual deadline for accessing PIP medical benefits. The emergency medical condition determination affects the amount of PIP medical benefits available. And the two-year statute of limitations concerns the deadline for filing a negligence lawsuit.
What Does PIP Cover After a Car Accident in Florida?
Personal Injury Protection, commonly called PIP, is required as part of Florida’s automobile insurance system. Florida Statute § 627.736 establishes the benefits and limitations that apply.
Under the statute:
- PIP provides up to $10,000 in medical and disability benefits and up to $5,000 in death benefits, subject to the statutory requirements and limitations.
- Medical benefits generally cover 80% of reasonable expenses for medically necessary medical, surgical, X-ray, dental, and rehabilitative services, provided the injured person receives initial services and care within 14 days after the accident.
- Medical benefits can reach up to $10,000 when a qualifying medical provider determines that the injured person suffered an emergency medical condition (EMC).
- If the provider determines that the injured person did not have an emergency medical condition, PIP medical benefits are limited to $2,500.
- PIP disability benefits generally cover 60% of lost gross income and earning capacity resulting from the person’s inability to work, subject to the statutory requirements.
- PIP medical benefits do not include massage therapy or acupuncture under the statute.
The difference between $2,500 and $10,000 can be significant.
And that determination is not something the injured person—or the attorney—simply chooses. It is based on the determination of a qualifying medical provider.
That is why seeking medical attention promptly after a crash is so important. Waiting to see whether the pain disappears can affect your ability to access PIP benefits and can also make it harder to document an injury.
How Long Do You Have to Sue After a Car Accident in Florida?
For many car accident cases based on negligence, Florida’s statute of limitations is two years. Florida Statute § 95.11(5)(a) provides a two-year limitations period for an action founded on negligence.
That deadline is particularly important because a car accident claim can take time to develop.
Medical treatment, diagnostic testing, determining the extent of an injury, evaluating insurance coverage, negotiating with insurers, and preparing a lawsuit can all take months.
Two years may sound like plenty of time immediately after a crash. It can become a very short window when an injured person waits until the end of that period to seek legal advice.
Different types of claims can have different deadlines. For example, a wrongful death case is governed by its own statutory provisions, so the applicable deadline should be evaluated based on the specific claim.
What If You Were Partly at Fault?
Florida’s comparative fault law is particularly important in car accident cases.
Florida Statute § 768.81 provides for allocation of fault among the parties in applicable negligence actions. Generally, a claimant’s damages are reduced according to the percentage of fault assigned to that claimant.
But there is an important threshold:
A party found to be more than 50% at fault for their own harm may not recover damages in an applicable negligence action. The statute specifically states that this rule does not apply to medical negligence actions under Chapter 766.
For example:
- If you are found 20% at fault, your recoverable damages may be reduced by 20%.
- If you are found 50% at fault, you are not automatically barred under the >50% rule, although your damages may be reduced.
- If you are found more than 50% at fault, the statute generally bars recovery in an applicable negligence action.
That is why statements you make after an accident can matter. Before giving a recorded statement to another driver’s insurance company, understand that the information you provide may become part of the insurer’s evaluation of liability and damages.
What Should You Do in the First 14 Days After a Car Accident in Florida?
The first days after a crash can be important, and the order in which you handle things matters.
- Seek medical care promptly. Tell the provider about every symptom, including symptoms that seem minor.
- Report the accident to your insurance company according to the requirements of your policy.
- Preserve your evidence: the crash report, photographs, vehicle damage, witness information, medical records, medical bills, and documentation of missed work.
- Be careful with recorded statements. Before speaking with the other driver’s insurance adjuster, understand how your statements could affect the evaluation of fault.
- Do not sign broad medical-record authorizations without understanding what information you are authorizing the insurer to obtain.
- Keep track of your treatment. Gaps in medical care can create questions about the nature and extent of your injuries.
If the crash involved a motorcycle, commercial truck, pedestrian, rideshare vehicle, or multiple potentially responsible parties, the insurance and liability analysis may be significantly different.
If you have been injured in a car accident, the sooner you understand your rights and deadlines, the better. At Angel Law Firm, you speak directly with an attorney about your case from the first consultation. Call (407) 329-7711 or contact our Orlando office to discuss your options.
Frequently Asked Questions About Car Accidents in Florida
What if I saw a doctor on day 16?
Florida’s PIP statute generally requires an injured person to receive initial services and care within 14 days after the accident to qualify for PIP medical benefits. Waiting until after that period can jeopardize your access to PIP medical benefits.
However, that does not necessarily mean you have no possible claim at all. Other sources of recovery may exist depending on the circumstances, including a claim against the at-fault driver. An attorney should evaluate the specific facts of the accident.
Does PIP pay 100% of my medical bills?
No.
Florida PIP generally covers 80% of reasonable expenses for medically necessary medical services, subject to the statutory limits and requirements. PIP medical benefits are generally subject to the $10,000 overall medical and disability limit, with medical benefits potentially limited to $2,500 when there is no qualifying emergency medical condition determination.
The remaining expenses may require other sources of coverage or recovery, depending on the circumstances.
Can I recover if the other driver had no insurance?
Possibly.
Your PIP coverage may still provide benefits regardless of whether the other driver has insurance. Additional recovery may depend on your own insurance coverage, including uninsured/underinsured motorist coverage, as well as the circumstances of the crash and whether another party may be legally responsible.
The specific insurance policies involved should be reviewed before assuming that no additional recovery is available.
Does the crash report matter if it blames me?
It can matter, but a crash report is not the same thing as a final judicial determination of fault.
In a negligence lawsuit, fault is determined through the legal process, and Florida’s comparative fault statute governs how responsibility affects recovery.
An unfavorable crash report can make a case more difficult, but it does not necessarily end the case.
What is my case worth?
There is no responsible way to assign a value to a car accident claim without reviewing the relevant facts.
The value can depend on the nature and severity of the injuries, medical treatment, future medical needs, lost income, insurance coverage, liability, comparative fault, and other damages.
Anyone giving you a specific dollar amount before reviewing those factors is making an estimate—not providing a reliable case valuation.
Protect Your Car Accident Claim in Florida: Know Your Deadlines
After a Florida car accident, three issues deserve immediate attention:
- The 14-day PIP medical-care requirement.
2. The emergency medical condition determination that can affect whether PIP medical benefits are available up to $10,000 or limited to $2,500.
3. The two-year statute of limitations that generally applies to negligence actions.
These rules do different things, but each can have a significant effect on your case. Florida’s current statutes should be reviewed carefully because exceptions and different deadlines can apply depending on the type of claim.
If you have been injured in a car accident, do not wait until the deadline is approaching to find out what your options are.
Review the current Florida statutes for PIP, § 627.736, limitations, § 95.11, and comparative fault, § 768.81
