What to Do After a Car Accident in Florida: A Step-by-Step Guide (2026)
State: Florida · Reviewed: 2026-08-30 · By: NowAccident Editorial Team · Review: Florida attorney review
Your hands are shaking. Someone is yelling. You have no idea what you're supposed to do first.
That's normal, and it's exactly why this page exists. Florida has a few rules that are genuinely unusual, and one of them — a fourteen-day clock — quietly destroys more insurance claims than bad driving ever does.
Here's the whole thing, in order.
## ⚡ Quick Answer Stop and stay. Call the police if anyone is hurt or if the damage looks like at least $500 (that number becomes $2,000 on October 1, 2026). Photograph everything before anyone moves a car. Exchange information. Get witness numbers. See a doctor within 14 days or your PIP benefits are gone. Open your PIP claim. If no officer showed up, file a written self-report within 10 days.
📝 Record your accident with NowAccident now → — three minutes, free, no account needed.
Step 1: Why can't you just leave?
Because Florida law puts the duty on being involved, not on being at fault. Even if the other driver ran the red light, you have obligations the moment you're part of the crash.
| Statute | What it makes you do |
|---|---|
| § 316.061 | Property damage crash: stop at or near the scene, stay until you've done everything § 316.062 requires |
| § 316.062 | Give your name, address, and vehicle registration number. Show your driver license if asked. Render reasonable assistance if someone needs medical care |
| § 316.063 | Hit an unattended car or property? Find the owner, or leave a written note in an obvious place with your name, address, and what happened |
| § 316.027 | Injury or death crash: leaving is a felony. If someone dies, there's a mandatory minimum prison term |
Leaving a property-damage-only crash under § 316.061 is a second-degree misdemeanor. Leaving an injury crash is a whole different universe — see our [Florida hit-and-run guide](/florida/hit-and-run/).
Step 2: When do you have to call the police?
§ 316.065(1) says you must immediately, by the fastest means available, notify law enforcement when the crash causes:
- Injury to anyone, or
- Death of anyone, or
- Apparent property damage of at least $500
Not calling when you were required to is a noncriminal traffic infraction — a nonmoving violation.
### ⚠️ This changes on October 1, 2026 Senate Bill 488, now Chapter 2026-39, Laws of Florida, raises the property damage threshold in § 316.065(1) from $500 to $2,000 for crashes on or after October 1, 2026. Almost every website you'll find still says $500. Both numbers are right — for different crash dates. Injury and death crashes always require immediate notice. No dollar amount involved, ever.
One more thing nobody tells you: under § 316.066, an officer has to complete a long-form crash report when anyone involved reports even a complaint of pain or discomfort. Not a visible wound — just pain. So if your neck feels weird, say so out loud. Don't tough it out.
Step 3: What should you photograph?
Before anything moves. Seriously — the final resting positions of the cars are evidence, and once they're moved, that evidence is gone forever.
Shoot:
- Both cars, all four corners, from about ten feet back
- Every dent, close up
- Both license plates
- The wide shot showing where both cars ended up
- Skid marks, debris, fluid trails
- Traffic signals, stop signs, lane paint
- Anything blocking the view — hedges, a parked truck, construction cones
- The road surface, the weather, the lighting
- The other driver's license and insurance card
And here's the one people forget: photograph the scene from each driver's seat. What the other driver could and couldn't see is often the entire fault argument, and nobody thinks to capture it.
📝 Photos scattered across your camera roll aren't a record. Turn them into one with NowAccident — free, three minutes.
Step 4: What do you have to exchange?
Under § 316.062: name, address, vehicle registration number, and your driver license on request.
Grab more than the minimum:
- Insurance company and policy number (photograph the card)
- Phone and email
- Whether they actually own the car — if not, who does
If they refuse? Call the police. The exchange isn't optional, it's statutory.
Step 5: How do you lock in a witness?
Witnesses evaporate. The ones who don't are the ones you made easy to reach.
- Name, phone, and email. A phone number alone goes dead constantly.
- Ask one question — "What did you see?" — and don't coach the answer
- Ask if they have a dashcam and whether they'll save the file
Careful with recording. Florida is an all-party consent state under § 934.03. Ask permission before you hit record, out loud, and get the "yes" on the recording.
Step 6: The 14-day rule — the one that actually matters
Here's where Florida gets people.
Under § 627.736(1)(a), you must get initial medical services and care within 14 days of the crash. Miss it, and your PIP medical benefits can be denied entirely. Not reduced. Denied.
And there's a second trapdoor. Without an emergency medical condition (EMC) determination from a qualifying provider, your PIP medical benefits cap at $2,500 instead of the full $10,000.
Two things people say that cost them thousands:
- "I felt fine, so I waited." Whiplash and concussions routinely show up on day three.
- "It's just soreness." Soreness is a symptom. Tell a doctor. Get it in writing.
Step 7: How does PIP actually work?
Florida is a no-fault state. Your own insurance pays first, no matter who caused it.
| PIP benefit | What you get |
|---|---|
| Medical expenses | 80% of reasonable and necessary costs |
| Lost wages | 60% of lost income |
| Death benefit | $5,000 |
| Total limit | $10,000 |
And no — PIP has not been repealed. Repeal bills died in committee in 2025 and again in 2026, and the 2026 session adjourned on March 13 without passing one. Governor DeSantis vetoed the 2021 version. If a website tells you Florida's no-fault law ended, that website is wrong.
Full breakdown: [Is Florida a no-fault state?](/florida/no-fault-pip-and-51-percent-bar/)
Step 8: What if no officer came?
Then it's on you. Under § 316.066, if the crash was reportable and nobody investigated it, the driver files a written self-report within 10 days.
FLHSMV runs this. Download the Driver Report of a Traffic Crash, fill in every field, sign and date it, and email it to [email protected] — or mail it to FLHSMV or the local police agency.
Even for crashes below the threshold, you can self-report. Often you should.
Step 9: What's the clock on suing?
Two years. Not four.
HB 837, effective March 24, 2023, cut Florida's negligence statute of limitations from four years to two. Crashes before that date keep the old four-year window.
Property damage is still four years. A claim against your own insurer is a five-year contract claim. A claim against a government agency needs written notice within three years (two for wrongful death) under § 768.28(6).
Details: [Florida's statute of limitations](/florida/statute-of-limitations-car-accident/)
What about fault?
Since March 24, 2023, Florida runs modified comparative negligence under § 768.81(6). If you're found more than 50% at fault, you recover nothing.
That's a cliff, not a slope. 50% at fault means half your damages. 51% means zero.
And Florida does not require drivers to carry bodily injury liability insurance. Only $10,000 PIP and $10,000 PDL. So a perfectly legal Florida driver can carry exactly $0 of coverage for your broken leg. Read that twice, then go look at your own [uninsured motorist coverage](/florida/hit-by-uninsured-driver/).
The three deadlines, side by side
| Clock | Deadline | Source |
|---|---|---|
| Notify police | Immediately | § 316.065(1) |
| Self-report if no officer | 10 days | § 316.066 |
| See a doctor (PIP) | 14 days | § 627.736(1)(a) |
| Sue for negligence | 2 years | § 95.11 (post-3/24/2023) |
| Sue for property damage | 4 years | § 95.11 |
| Notice to a government agency | 3 years (2 for wrongful death) | § 768.28(6) |
📝 Fourteen days. Two years. Fifty-one percent. Record it now with NowAccident — before the details blur.
Frequently asked questions
Is Florida a no-fault state? Yes for benefits — PIP pays first regardless of fault. No for lawsuits — you can sue an at-fault driver if you clear the serious injury threshold in § 627.737(2).
What is Florida's 14-day rule? You have to receive initial medical care within 14 days of the crash, or PIP medical benefits are forfeited entirely (§ 627.736(1)(a)).
Why is my PIP only $2,500? Because no qualifying provider documented an Emergency Medical Condition. With an EMC, the full $10,000 opens up.
Does Florida require bodily injury liability insurance? Generally no, for standard passenger vehicles. Registration only requires $10,000 PIP and $10,000 PDL.
How long do I have to sue after a Florida car accident? Two years for negligence claims accruing on or after March 24, 2023. Crashes before that keep the old four-year period.
Can I recover if I was 51% at fault? No. Under § 768.81(6), a claimant more than 50% at fault recovers nothing.
Sources
- Fla. Stat. §§ 316.027, 316.061, 316.062, 316.063, 316.065, 316.066
- Fla. Stat. §§ 627.736, 627.737, 627.727
- Fla. Stat. §§ 95.11, 768.28, 768.81
- Fla. Stat. § 934.03 (all-party consent recording)
- Ch. 2023-15, Laws of Fla. (HB 837); Ch. 2026-39, Laws of Fla. (SB 488)
- Florida Department of Highway Safety and Motor Vehicles — Traffic Crash Reports
Disclaimer
This article is general information about Florida law as of the last updated date. It is not legal advice and does not create an attorney-client relationship. Florida law changed materially on March 24, 2023 (HB 837), and the § 316.065 property damage threshold changes again on October 1, 2026 (SB 488). Confirm which rule applies to your crash date. Verify current statutes at leg.state.fl.us and with FLHSMV, and consult a licensed Florida attorney. Health statements here are general information, not medical advice.
Keep your own accident record organized
General information only. NowAccident is not a law firm and does not provide legal advice. Rules and facts change; confirm current requirements with the cited government source or a qualified professional.
