Florida Car Accident Lawyer Q&A

Do I have to see a doctor within 14 days?

If you want to use your Florida PIP medical benefits — yes. Florida's no-fault statute requires you to be evaluated by a licensed medical provider within 14 days of the crash. Miss the deadline and you forfeit the $10,000 in PIP medical coverage. Even if you were not seriously hurt, an evaluation within 14 days protects you in case symptoms develop later.

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

For crashes that occurred on or after March 24, 2023, the statute of limitations on negligence claims is two years from the date of the crash. Florida shortened this from four years in 2023. Wrongful-death claims arising from a crash also follow the two-year rule. Claims against government entities (a county bus, a city sanitation truck, a police vehicle) are subject to a separate three-year period plus pre-suit notice requirements under § 768.28.

Can I sue if I was partly at fault?

Yes — but only up to a point. Florida applies modified comparative negligence with a 51% bar (effective March 24, 2023). If a jury finds you more than 50% at fault for the crash, you recover nothing. If you are 50% or less at fault, your recovery is reduced by your percentage of fault. The pre-2023 "pure comparative negligence" rule (where even a 90%-at-fault plaintiff could recover 10%) no longer applies.

How much does it cost to hire a Florida car accident lawyer?

We handle car accident cases on a contingency-fee basis — there is no fee to retain us, and we collect a percentage of any recovery. We advance every cost of investigation, expert witnesses, and litigation. If we don't recover, you owe nothing. The standard contingency in Florida personal injury cases is set by the Florida Bar's rules and is typically 33⅓% of the recovery if the case settles before suit, with higher percentages applying if the case proceeds to litigation or trial.

What is the "serious injury threshold" and why does it matter?

Florida is a no-fault state, meaning your own PIP policy pays your first $10,000 in medical bills regardless of who caused the crash. To step outside that no-fault system and sue the at-fault driver for full damages including pain and suffering, you must meet the "serious injury threshold" of Florida Statute § 627.737. That generally requires a permanent injury, significant and permanent loss of an important bodily function, significant and permanent scarring or disfigurement, or death.

Should I give a statement to the other driver's insurance company?

No. The other driver's insurance carrier is not on your side. Their adjuster's job is to limit or deny your claim. Anything you say in a recorded statement can be used to undercut your case. Decline politely and refer them to your lawyer. You are not required to give a recorded statement to the other driver's carrier.

What about my own insurance company?

Your own carrier may have a contractual right to a recorded statement under your policy's cooperation clause. Even so, it is generally wise to have a lawyer present or consulted before giving any statement — including to your own carrier. UM and PIP claims involve adversarial dynamics even though the carrier is "your" company.

What is uninsured/underinsured motorist (UM) coverage?

UM coverage protects you when the at-fault driver has no insurance or insufficient insurance to cover your damages. Florida law requires carriers to offer UM coverage equal to your bodily injury liability limits unless you sign a written rejection. UM is one of the most valuable coverages on a Florida auto policy because so many Florida drivers carry only the legal minimums or no liability coverage at all (Florida does not actually require bodily injury liability coverage). UM also responds in hit-and-run cases when the at-fault driver is unidentified.

How long will my case take?

Most Florida car accident cases settle without a trial. Pre-suit settlement (after treatment is complete and a demand letter is sent) typically takes 6–12 months. Cases that go into litigation usually take 18–36 months. The exact timing depends on how long your medical treatment lasts, how cooperative the carrier is, the complexity of the case, and the court's schedule.

What if I was hit by a rideshare driver (Uber or Lyft)?

Florida's TNC statute (§ 627.748) sets the insurance available based on what the driver was doing at the moment of the crash — app off, app on but no ride, ride accepted, or passenger in vehicle. Coverage ranges from no TNC coverage at all (app off) to $1 million in combined coverage (passenger in vehicle). Identifying which "period" the driver was in is often a contested early issue.

What if the at-fault driver was working at the time?

If the at-fault driver was on the clock — driving for work, making deliveries, or operating a commercial vehicle — the employer may also be liable under respondeat superior, and commercial insurance with much higher limits is typically available. We always investigate the employment status of the at-fault driver.

Should I post about the crash on social media?

No. Defense lawyers will subpoena your accounts and use anything you have posted to undermine your case. The safest practice is to stop posting on social media entirely while your case is pending — and not to delete prior posts, which creates spoliation issues.

What is the "emergency medical condition" rule under PIP?

Under § 627.736, the full $10,000 PIP medical benefit is only available if a qualifying provider — a physician, dentist, physician assistant, or advanced registered nurse practitioner — determines that the injured person had an "emergency medical condition" (EMC). Without an EMC determination, PIP medical is capped at $2,500. The EMC finding must be documented in the medical record. This is one reason it matters who you see in the first 14 days.

What happens when my PIP runs out?

Once the $10,000 PIP limit is exhausted (often very quickly with ER, MRI, and surgical care), continued treatment must be paid through other sources. Options include private health insurance, Medicare or Medicaid, MedPay coverage if you elected it, or a Letter of Protection (LOP) under which the treating provider agrees to defer payment until the case resolves. We help coordinate post-PIP care so treatment continues uninterrupted.

What is a Letter of Protection?

An LOP is a written agreement under which a treating provider defers collection until the personal-injury case resolves, with payment coming from the settlement. LOPs allow clients without health insurance — or with exhausted PIP — to obtain necessary specialist care. The defense sometimes argues an LOP creates provider bias, and we prepare for those arguments accordingly.

What is "stacking" of UM coverage?

If your auto policy has stacking endorsement, the UM limits on each insured vehicle in your household are added together for a single claim. A $100,000 UM policy on each of three household vehicles can produce $300,000 of stacked UM coverage. Stacking must be elected and paid for — unstacked UM is the default. We always obtain the original UM application and any selection/rejection forms to confirm what was actually purchased.

How are hospital liens handled?

Many Florida counties — including Miami-Dade and Broward — have hospital-lien ordinances allowing hospitals to assert a lien against the personal-injury recovery for the unpaid balance of treatment. § 768.14 codifies the underlying framework. These liens are typically negotiable. We negotiate with the hospital's lien department or its outside lien resolution vendor to reduce the lien amount, often substantially, before distributing settlement proceeds.

What about Medicare and Medicaid liens?

Federal law gives Medicare a statutory right to recover conditional payments from any personal-injury settlement. Medicaid has parallel rights under § 409.910, subject to allocation rules limiting Medicaid's recovery to a proportional share of the past-medical component. We obtain conditional-payment summaries early, dispute charges unrelated to the crash, and resolve the lien before distribution. Failure to address Medicare's interest exposes everyone in the case — including the carrier — to liability.

What if I don't have health insurance?

PIP covers the first $10,000 of medical care. Beyond PIP, treating providers in personal-injury practice frequently accept LOPs. Federally qualified health centers in Miami-Dade also provide sliding-scale care.

How does property damage differ from injury claims?

The property-damage claim — repair or total-loss valuation, plus diminished value and rental — is handled separately from the bodily-injury claim and usually resolves within weeks. It can be pursued against the at-fault carrier or through your own collision coverage.

Does the PIP carrier subrogate against my bodily-injury settlement?

Generally, no. Florida PIP is paid without regard to fault and the PIP carrier does not subrogate against the bodily-injury recovery. The PIP carrier does retain some rights against the at-fault driver's property-damage carrier under § 627.7405, primarily in commercial-vehicle scenarios.

Can I sue if my injuries didn't show up until weeks later?

Yes — soft-tissue and disc injuries often manifest in the days and weeks after a crash. The defense will use any delay to argue the injuries are unrelated, which is why a 14-day evaluation matters even if you feel fine.

What if the at-fault driver was driving a borrowed or rental car?

Florida's dangerous-instrumentality doctrine makes the owner of a voluntarily-entrusted vehicle liable for the driver's negligence. Rental-car companies are largely protected by the federal Graves Amendment but may still be liable for their own negligence. Borrowed-vehicle cases typically involve both the driver's and the owner's policies.

What if I was a passenger?

Passenger liability is usually clean — the passenger is rarely at fault. Available coverages include the at-fault driver's BI, the host vehicle's BI (if the host was partly at fault), the passenger's own PIP and UM, any resident-relative UM, and the host vehicle's UM. Passengers often have the most insurance sources available of any party.

Can I recover for emotional distress without a physical injury?

Florida generally requires a physical injury or impact under the "impact rule," with narrow exceptions for witnessing a close family member's serious injury. In most car-accident cases the physical injury supplies the predicate, and emotional damages (anxiety, PTSD, fear of driving) are part of the non-economic award.

If you have questions about a Florida car accident case, contact the Law Offices of Albert Goodwin. Call 786-522-1411 or email [email protected] for a free consultation.