Florida Car Accident Laws | Accident Claim Map

At the scene and reporting a crash in Florida

Always stop and help anyone who is hurt. Leaving the scene of a crash is a crime in every state.

When to call the police: Call police right away (city police, sheriff or Florida Highway Patrol) if anyone is hurt or killed. Since October 1, 2026, you must also call if damage to any vehicle or other property looks like $2,000 or more. Before that date the amount was $500.
Damage amount: $2,000
Report to the state: Police complete a long-form crash report if anyone is hurt or complains of pain, a vehicle had to be towed, there was a DUI or hit-and-run, or a commercial vehicle was involved. If the crash damaged a vehicle or property and police didn't make a report, you must send your own written report to FLHSMV within 10 days, on its approved form.
Deadline for your report: 10 days
Law: Fla. Stat. §§ 316.065(1), 316.066(1)(a), (1)(e); ch. 2026-39, Laws of Fla. (SB 488, effective Oct. 1, 2026)
Official text: Read the official text

First 24 hours after a crash in Florida

Tick the boxes as you go, or print the list and keep it in your glove box.

Insurance system in Florida

Florida is a no-fault state for injuries: your own personal injury protection (PIP) pays your first medical bills and lost income, whoever caused the crash. You can sue the other driver for injuries only in some cases, described below.

System: No-fault
PIP, benefits and when you can sue: Every car owner must carry $10,000 of personal injury protection (PIP). It pays 80% of your reasonable medical bills and 60% of lost income, whoever caused the crash, plus a $5,000 death benefit. To use PIP medical benefits, you must get first care within 14 days after the crash. If a provider finds you did not have an emergency medical condition, PIP medical benefits are limited to $2,500. You can sue the other driver for pain and suffering only for significant and permanent loss of an important bodily function, permanent injury, significant and permanent scarring or disfigurement, or death. You still claim damage to your car from the driver who caused the crash (or their insurer).
Law: Fla. Stat. §§ 627.736(1), 627.737(2)
Official text: Read the official text

Compare every state in the no-fault states table.

Who pays: comparative fault in Florida

Rule: Modified (51% bar)
What it means: In Florida, your damages are reduced by your share of the fault, and you can't recover at all if you were more than 50% at fault (51% or more).
Law: Fla. Stat. § 768.81(6): if you are more than 50% at fault for your own harm, you get nothing (does not apply to medical negligence)

Compare every state's rule in the comparative negligence table.

Who pays in Florida: fault and payout explainer

If both drivers share the blame, your state's comparative-fault rule decides whether you can recover and how much. Enter your share of the fault and your total damages to see what the rule means. This is an illustration, not a prediction: insurers, juries and judges decide the percentages.

Minimum insurance in Florida

Liability minimum: No bodily injury liability required for most drivers; $10,000 PIP + $10,000 property damage liability. After a crash with injuries where you were charged with a moving violation, you must have had 10/20/10 bodily injury and property damage coverage or face suspension (FLHSMV).
Uninsured / underinsured motorist (UM/UIM): Uninsured motorist coverage must be included in any policy with bodily injury liability, at the same limits, unless you reject it or pick lower limits in writing.
Official text: Read the official text

Numbers like 25/50/25 mean $25,000 for injury to one person, $50,000 for all injuries in one crash and $25,000 for property damage. Compare every state in the minimum insurance table.

Getting the police report in Florida

Buy a copy through the FLHSMV Florida Crash Portal. The fee is $10 per report plus a $2 convenience fee per transaction, and you download it within 48 hours. You can also get it by mail or at the nearest FHP troop station with a signed sworn statement. For the first 60 days, only the people in the crash, their lawyers, insurers and a few others can get it. https://www.flhsmv.gov/traffic-crash-reports/

You can also ask by mail with our free police report request letter.

Filing a claim and insurer deadlines in Florida

How fast insurers must act: PIP benefits are overdue if not paid within 30 days after the insurer gets written notice of the loss and the amount (Fla. Stat. § 627.736(4)(b)). Once you and an insurer agree in writing to settle a claim, it must pay within 20 days, or the payment earns 12% interest a year (Fla. Stat. § 627.4265). DFS says no statute sets a timeframe for settling a car damage claim. If nothing has happened after 30 days, you can submit a concern to DFS.

Put your claim in writing. Our free insurance claim letter lists your damages and asks for a written answer.

If the other driver has no insurance in Florida

Bodily injury liability isn't required for most Florida drivers, so many have none. Your own PIP pays your first injury costs. Uninsured motorist coverage, if you didn't reject it in writing, covers injuries caused by an uninsured driver. To learn the other driver's insurer, send FLHSMV the Insurance Request Form (HSMV 83392) with a full copy of the crash report or your self-report (Fla. Stat. § 324.242(2)). If the at-fault driver was charged with a moving violation, someone was hurt, and they didn't have 10/20/10 liability coverage, FLHSMV suspends their license and registration until, among other steps, they buy insurance with an SR-22 filing and get releases from the people they hurt or post a security deposit (FLHSMV 'Involved in a Crash?').

Read what to do if you are hit by an uninsured driver.

Deadlines to sue in Florida

Property damage (your car): 2 years
Injury: 2 years
Notes, including claims against a government: Property damage: plan on 2 years. A claim that the other driver carelessly damaged your car is a negligence claim, and since March 24, 2023, negligence claims have 2 years. Another paragraph, § 95.11(3)(g), still gives 4 years for 'injuring personal property', and we found no official source or court ruling that says which one wins for car crashes. Don't count on the 4 years. Claims against the state, a county or a city: first give the agency a written claim within 3 years (and also the Department of Financial Services, unless it's a city or county), and wait for a written denial; then sue within 4 years (Fla. Stat. § 768.28(6), (14)).
Law: Fla. Stat. § 95.11(5)(a) (2026): 'an action founded on negligence', 2 years (ch. 2023-15, HB 837; the paragraph was § 95.11(4)(a) until ch. 2024-183 added a new subsection (4)). Injury claims from a crash: 2 years under the same paragraph.

The deadline is the statute of limitations. Insurance claims and talks with an adjuster don't stop it. Compare every state in the deadlines table.

Deadline to sue in Florida

Every state limits how long you have to file a lawsuit after a car crash. This is the statute of limitations. Choose your state, the type of claim and the date of the crash to see the usual deadline and the last day to file. Nothing you type here is sent anywhere.

Small claims for property damage in Florida

Small claims limit: $8,000 (court costs, interest and attorney's fees don't count toward it).

Florida small claims guide on Small Claims Map

Small claims court can be a way to recover the cost of repairs from the driver who caused the crash. Read how to use small claims for car damage.

Insurance complaints in Florida

If an insurer delays, underpays or denies a claim without a good reason, you can file a complaint with the state insurance regulator:

Florida Department of Financial Services, Division of Consumer Services · 1-877-693-5236

Free help in Florida

Good to know in Florida

Since October 1, 2026, the damage amount that requires calling police rose from $500 to $2,000 (ch. 2026-39, Laws of Fla.; Fla. Stat. § 316.065(1)).
Insurers declare a total loss when repairs reach 80% of the car's value (Florida DFS auto FAQ).
A 2026 bill to repeal Florida's no-fault law (SB 522) died in committee on March 13, 2026, so PIP is still required (flsenate.gov).

Changes in 2024–2026

Ch. 2026-39 (SB 488), approved April 21, 2026, effective Oct. 1, 2026: you must call police for apparent property damage of at least $2,000 (was $500). FLHSMV web pages still said $500 on Oct. 24, 2026. The 2026 no-fault repeal bills (SB 522 / HB 769) died on March 13, 2026. Ch. 2024-183 renumbered § 95.11, so the 2-year negligence deadline (HB 837, 2023) is now § 95.11(5)(a).

Free letters

Insurance claim letter

Ask the other driver's insurer to pay your damages, in writing.

Police report request letter

Ask the police agency for a copy of the crash report by mail.

Questions about car accidents in Florida

When do you have to report a car accident in Florida?

Call police right away (city police, sheriff or Florida Highway Patrol) if anyone is hurt or killed. Since October 1, 2026, you must also call if damage to any vehicle or other property looks like $2,000 or more. Before that date the amount was $500. Police complete a long-form crash report if anyone is hurt or complains of pain, a vehicle had to be towed, there was a DUI or hit-and-run, or a commercial vehicle was involved. If the crash damaged a vehicle or property and police didn't make a report, you must send your own written report to FLHSMV within 10 days, on its approved form.

Is Florida a no-fault state?

Yes. Florida is a no-fault state for injuries: your own personal injury protection (PIP) pays your first medical bills and lost income, whoever caused the crash. You can sue the other driver for injuries only in some cases, described below. Every car owner must carry $10,000 of personal injury protection (PIP).

Can I get money if I was partly at fault in Florida?

In Florida, your damages are reduced by your share of the fault, and you can't recover at all if you were more than 50% at fault (51% or more). (Fla. Stat. § 768.81(6): if you are more than 50% at fault for your own harm, you get nothing (does not apply to medical negligence))

What is the minimum car insurance in Florida?

No bodily injury liability required for most drivers; $10,000 PIP + $10,000 property damage liability. After a crash with injuries where you were charged with a moving violation, you must have had 10/20/10 bodily injury and property damage coverage or face suspension (FLHSMV). Uninsured motorist coverage must be included in any policy with bodily injury liability, at the same limits, unless you reject it or pick lower limits in writing.

How long do you have to sue after a car accident in Florida?

2 years for property damage and 2 years for injury.

How do I get a police report in Florida?

Buy a copy through the FLHSMV Florida Crash Portal. The fee is $10 per report plus a $2 convenience fee per transaction, and you download it within 48 hours. You can also get it by mail or at the nearest FHP troop station with a signed sworn statement. For the first 60 days, only the people in the crash, their lawyers, insurers and a few others can get it. https://www.flhsmv.gov/traffic-crash-reports/

What if the other driver has no insurance in Florida?

Bodily injury liability isn't required for most Florida drivers, so many have none. Your own PIP pays your first injury costs. Uninsured motorist coverage, if you didn't reject it in writing, covers injuries caused by an uninsured driver. To learn the other driver's insurer, send FLHSMV the Insurance Request Form (HSMV 83392) with a full copy of the crash report or your self-report (Fla. Stat. § 324.242(2)). If the at-fault driver was charged with a moving violation, someone was hurt, and they didn't have 10/20/10 liability coverage, FLHSMV suspends their license and registration until, among other steps, they buy insurance with an SR-22 filing and get releases from the people they hurt or post a security deposit (FLHSMV 'Involved in a Crash?').

Where can I complain about a car insurance company in Florida?

Florida Department of Financial Services, Division of Consumer Services: https://www.myfloridacfo.com/division/consumers · 1-877-693-5236

Sources

Last checked: Oct 24, 2026.

Car accidents in Florida: what to do and who pays