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.

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.