The Clock Started
When They Hit You.
After a crash in Miami-Dade, the other driver's insurer moves fast — recorded statements, quick offers, and a short window to get treated under Florida's no-fault rules. Connect with a Miami auto accident attorney who can sort out your PIP benefits, protect your claim against the at-fault driver, and deal with the insurers while you recover.
Florida Law
No-Fault First.
Then Fault Matters.
Florida handles car crashes in two layers: your own PIP coverage pays first no matter who caused the wreck, and a claim against the at-fault driver opens only when your injuries clear a legal threshold. Here's how it generally works.
To use PIP, initial medical care generally has to begin within 14 days of the crash. With an emergency medical condition diagnosis, PIP can pay up to $10,000; without one, the limit is $2,500 (Fla. Stat. § 627.736).
For crashes on or after March 24, 2023, a negligence lawsuit generally must be filed within two years under Fla. Stat. § 95.11 — half the four years that applied before HB 837. Earlier crashes keep the older period.
Pain-and-suffering damages from the at-fault driver require a permanent injury, a significant and permanent loss of bodily function or scarring, or death (§ 627.737). Whether you clear that bar is often the central question.
"In Florida, the first two weeks shape what your own policy pays — and the next two years decide whether you can still pursue the other driver."
How Miami Crashes Become Claims
Every Wreck
Has Its Own Story.
Where a crash happened, who was behind the wheel, and what insurance is in play all shape the claim. Here are the kinds of collisions Miami-area drivers, riders, and pedestrians report most often.
Rear-End & Stop-and-Go Collisions
On I-95, the Palmetto, and the Dolphin, sudden braking turns impacts that look minor into whiplash, disc injuries, and months of treatment.
Hit-and-Run & Uninsured Drivers
Florida doesn't require most drivers to carry bodily injury coverage, so an at-fault driver may have little or none — and your own policy can matter a great deal.
Drunk & Distracted Driving Crashes
When alcohol, drugs, or a phone are involved, the claim can look very different from an ordinary fender-bender, and a criminal case may be running alongside it.
Rideshare, Taxi & Commercial Vehicles
Rideshare cars, delivery vans, and company trucks bring employers and layered insurance into the picture — which coverage applies can depend on whether a ride was underway.
Motorcycle & Bicycle Crashes
Riders carry the most physical risk, and Florida's no-fault PIP system doesn't work the same way for motorcycles as it does for cars.
Pedestrian & Crosswalk Strikes
Being hit on foot — downtown, along Collins, or near campus — often means disputed fault, thin witness lists, and drivers who say they never saw you.
Sound Familiar?
It May Be Worth
a Call If You...
No two crashes look alike, but these are the circumstances that most often lead Miami drivers to pick up the phone.
Were hurt in a crash someone else caused
Where another driver's speeding, distraction, or impairment played a part — even if the injuries didn't seem serious at first.
Are still deciding whether to get checked out
Florida's 14-day window for initial treatment is short, and neck pain or headaches can show up days after the impact.
Have heard from the other driver's insurer
Adjusters often ask for a recorded statement or float a quick settlement before the full extent of the injuries is known.
Were hit by someone uninsured or who drove off
Your own uninsured motorist coverage, if you carry it, may come into play — and it's worth checking before anything is signed.
Missed work or lost income because of your injuries
PIP generally covers only part of lost wages up to its limit; what's left may be part of a claim against the at-fault driver.
Have a crash report, photos, or dashcam footage
Whatever you already have — a police report, scene photos, witness names, or video — gives your attorney something to build the claim on.
How It Works
From the Crash
to a Settled Claim.
A Florida car accident claim takes care to build correctly — but the path usually moves in four steps.
Free Crash Case Review
A Miami attorney from our network listens to what happened, checks where you stand on PIP and the 14-day window, and explains what Florida law allows in your situation.
Getting Treated & Locking Down Evidence
Your attorney can help line up medical care, request the crash report, and preserve photos, video, and vehicle data before they disappear.
Insurers & Negotiation
A demand package goes to the at-fault driver's insurer — and your own carrier where PIP or uninsured motorist coverage applies — and your attorney negotiates toward a fair resolution.
Suing, If It Comes to That
When talks stall, your attorney can file suit inside Florida's two-year window so the claim stays alive.
From Drivers We've Worked With
In Their Words
"I had no idea a 14-day rule even existed until someone walked me through it. Knowing what to do next took a lot of the panic out of those first weeks."
"The adjuster kept calling. Having someone else field those calls, without any pressure on me, made all the difference."
"I assumed a rear-end hit meant a simple claim. It helped to hear what Florida's rules actually require."
Common Questions
Before You Call
For crashes on or after March 24, 2023, a negligence lawsuit generally must be filed within two years under Fla. Stat. § 95.11 — HB 837 cut the earlier four-year period in half. If someone died in the crash, a wrongful death action also runs two years, counted from the date of death. Separately, PIP benefits depend on getting initial medical care within 14 days of the crash, so the practical clock starts much sooner. Get the conversation started early so the 14-day and two-year clocks work in your favor.
Florida is a no-fault state, so your own personal injury protection (PIP) coverage pays first, whoever caused the crash. Under Fla. Stat. § 627.736, you generally must receive initial medical services and care within 14 days of the accident to use it. PIP pays 80% of reasonable medical expenses and 60% of lost income, up to $10,000 if a provider determines you had an emergency medical condition, or $2,500 if not. An attorney from our network can check where you stand on PIP.
Only if the injury clears the threshold in Fla. Stat. § 627.737: a significant and permanent loss of an important bodily function, a permanent injury within a reasonable degree of medical probability, significant and permanent scarring or disfigurement, or death. Injuries that heal completely generally don't qualify for pain-and-suffering damages, which is why medical documentation matters so much. An attorney from our network can talk through whether your injuries qualify.
Florida follows modified comparative negligence under Fla. Stat. § 768.81(6). If you're found more than 50% at fault, you generally can't recover damages from the other party; at 50% or less, your recovery is reduced by your share of fault. Medical negligence cases are treated differently. An attorney from our network can review how fault may be argued in your crash.
Most Florida injury attorneys work on contingency, meaning no upfront fee and payment only from a settlement or verdict. Florida Bar rules require the agreement to be in writing and cap the percentage a lawyer can charge in injury cases, with the percentage stepping down as the recovery grows. When nothing is recovered, the fee is typically zero, though case costs are handled according to the written agreement. An attorney from our network can explain the fee agreement during your free review.
Yes. Florida doesn't require most drivers to carry bodily injury liability coverage, so an at-fault driver may have little or none. Your own uninsured motorist (UM) coverage, which is optional in Florida, may apply, and an attorney can review your policy and help preserve hit-and-run evidence such as video and witness names before you give a statement to any insurer. Talk through your situation with an attorney from our network when you're ready.
Hit by Someone Else?
Get Clear Answers.
A free, no-pressure conversation about your crash, your coverage, and what happens next.