4 Important Florida Car Accident Laws You Should Know

Legally Reviewed by Scott Sobol on September 22, 2026

Four Florida laws shape almost every car accident claim: the accident-reporting requirement, the no-fault insurance system, the state’s comparative negligence rule, and the statute of limitations for filing a lawsuit. Each one can affect whether you must report a crash, where your first compensation comes from, how a shared-fault dispute is resolved, and how much time you have to protect your legal rights.

At The Law Offices of Scott Sobol, we have spent more than 20 years helping Florida car accident victims understand exactly how these laws apply to their claims. Florida’s laws change more often than most drivers realize, and a rule that applied to a crash a few years ago may not reflect the law today. Below, we break down the four laws you are most likely to encounter after a Florida car accident, plus one additional rule that can determine whether you are eligible to pursue pain and suffering damages at all.

4 Florida Car Accident Laws That May Impact Your Claim

Understanding Florida car accident laws, including careless driving laws, is essential to understanding your legal options and the steps you must take after a crash. The language of these laws can be difficult to follow on your own, and some of them have changed significantly in the last few years. We can use our legal knowledge to walk you through the laws that may affect your claim, including the following:

AVAILABLE 24/7

INJURED?
CALL THE LAW OFFICES OF SCOTT SOBOL

Reporting an Accident

After a car accident, you may wonder whether you need to report it to the police. Under Florida Statute 316.065, you must notify the local police department, the county sheriff’s office, or the Florida Highway Patrol of an accident that results in injury, death, or more than $500 in property damage. A report must generally be filed within ten days of the crash, and leaving the scene of an accident involving injury or damage can carry separate criminal penalties on top of any civil liability.

Even when a report is not strictly required, filing one creates an official record that can support your claim later. Insurance adjusters frequently ask for the police report number early in the claims process, and gaps in that documentation can slow down or complicate a claim.

No-Fault Insurance System (PIP)

If you were injured by another driver’s negligence, Florida generally requires you to turn to your own insurance company first. This is called a no-fault system, and it requires every driver to carry Personal Injury Protection (PIP) coverage of at least $10,000 under Florida Statute 627.736. PIP pays a portion of your medical bills and lost wages regardless of who caused the crash, but you typically must seek treatment within 14 days of the accident to remain eligible, and PIP generally covers only 80 percent of reasonable medical expenses up to your policy limit.

Because PIP rarely covers the full cost of a serious injury, understanding how PIP insurance works with other types of coverage matters as soon as your bills start to exceed what your policy pays. Once PIP benefits are exhausted, you may be able to pursue the difference from the at-fault driver’s liability insurance or your own uninsured motorist coverage.

Modified Comparative Negligence

Car accidents are often complicated, with more than one driver contributing some degree of fault to the crash. Florida used to apply a pure comparative negligence rule, which allowed an injured driver to recover some compensation regardless of their own fault percentage. That changed on March 24, 2023, when Florida enacted House Bill 837, moving most personal injury cases to a modified comparative negligence system under Florida Statute 768.81.

Under the current rule, each party involved in the accident receives a percentage of responsibility, which is deducted from their damages. For example, if your claim is worth $250,000 and you are found 15 percent at fault, you would receive $212,500, or 85 percent of full compensation. However, if you are found more than 50 percent at fault for a crash that occurred on or after March 24, 2023, Florida law now bars you from recovering any damages at all. Our post on how Florida’s modified comparative negligence law works, and our related post on whether you can still recover compensation if you were partially at fault, cover this rule in more detail. We can negotiate with insurance companies on your behalf to help ensure they do not assign you an inflated fault percentage.

Statute of Limitations

The deadline to file a car accident lawsuit in Florida also changed under House Bill 837. Under the current version of Florida Statute 95.11, most negligence-based claims, including car accident lawsuits, must generally be filed within two years for crashes that occurred on or after March 24, 2023. Crashes that occurred before that date generally remain subject to the prior four-year deadline. Because the correct deadline depends on the exact date of your accident, it is worth confirming your specific timeline with an attorney rather than assuming the older four-year window still applies.

While two years may sound like plenty of time, recovering from your injuries, gathering evidence, and negotiating with an insurance company can consume much of that window. Waiting too long to speak with an attorney can leave you with less time to build a well-documented claim before the deadline arrives.

The Serious Injury Threshold for Pain and Suffering Claims

Beyond the four laws above, Florida’s no-fault system includes a threshold requirement that many drivers are not aware of until they try to pursue a claim for pain and suffering. Under Florida Statute 627.737, you can only step outside the no-fault system to sue an at-fault driver for non-economic damages, such as pain and suffering, if your injury meets a specific legal threshold, generally significant and permanent loss of an important bodily function, permanent injury within a reasonable degree of medical probability, significant and permanent scarring or disfigurement, or death.

This threshold is one of the reasons early and thorough medical documentation matters so much after a crash. Whether an injury meets the “permanent injury” standard is often a question that depends on medical evidence, imaging, and a treating physician’s assessment, not just how the injury feels in the weeks after the accident.

Speak With a Knowledgeable Florida Car Accident Lawyer at the Law Offices of Scott Sobol

The aftermath of a Florida car accident can be overwhelming, especially when you are also trying to keep track of reporting deadlines, insurance requirements, and fault disputes. You deserve representation that explains these laws in plain terms and helps you understand how they apply to your specific situation.

We have experience handling a wide range of car accident claims, which gives us the tools to take on your case regardless of the circumstances. Our team gathers clear and compelling evidence, communicates with insurance companies on your behalf, and works to help you understand every decision along the way. To schedule a free consultation, fill out our contact form.

Frequently Asked Questions About Florida Car Accident Laws

LEGALLY REVIEWED BY:
Scott Sobol
September 22, 2026

Scott Sobol is a dedicated personal injury attorney with over two decades of experience representing injured clients across South Florida. He has handled more than 1,000 cases involving serious car accidents, unsafe premises, and denied insurance claims. Known for his client-focused approach, Scott prioritizes open communication to guide clients confidently through complex legal challenges. Licensed in Florida, Illinois, and Texas, his extensive knowledge of the law ensures a strong pursuit of justice for those affected by negligence.

• Fact Checked
• Editor