Let's assume your car accident injuries let you step outside of Florida's no-fault car insurance system and file a car accident lawsuit against the driver who caused your crash. Now's the time to understand the "statute of limitations," which is a law that sets a time limit on your right to file your lawsuit.
If you don't get your lawsuit filed before two years have passed, you've almost certainly lost your right to hold the at-fault driver responsible for your injuries and other crash-related losses.
The standard two-year timeline for filing a car accident lawsuit in Florida might be changed if:
What If I'm Partly at Fault for My Florida Car Accident?
If the other driver was entirely at fault for your car accident, and you're able to step outside of no-fault because of the seriousness of your injuries, the other driver (or more often, their insurance company) will be liable to pay for medical bills, lost wages, and other losses you suffered. But what happens if you were partly at fault for the crash?
Florida follows a "modified comparative fault" rule when both parties are found to share blame for an accident. In the rare event that a car accident lawsuit goes to trial, the jury will be asked to calculate two things based on the evidence:
- the total dollar amount of the plaintiff's damages, and
- the percentage of fault that each party bears.
Under the modified comparative fault rule, the plaintiff's damages award is reduced by a percentage equal to their share of fault. If that share exceeds 50 percent, the plaintiff can't recover compensation from any other at-fault party.
How Does Florida's Comparative Negligence Rule Work in a Car Accident Case?
Suppose that the jury decides your total damages award should be $100,000 (including your medical bills, lost income, vehicle damage, and "pain and suffering"). But the jury also decides you are 40 percent responsible for the accident (maybe you were speeding). Under Florida's comparative fault rule, you are entitled to get 60 percent of the $100,000 total, or $60,000—still a significant sum, but not as much as the grand total of your damages.
But if we flip the fault shares around so that the plaintiff is now deemed 60 percent to blame for the crash, the plaintiff is now barred from recovering compensation in court.
Will Florida's Comparative Fault Rule Affect My Car Insurance Claim?
Not only does the comparative negligence rule bind Florida judges and juries (if your car accident case makes it to court), it will also guide a car insurance claims adjuster when they're evaluating your car insurance claim. A claims adjuster makes decisions based on what's likely to happen in court, after all.
When Do I Need to Report a Car Accident in Florida?
Under Florida law, you have to report a car accident when the accident involves one or more of the following circumstances:
- the death of any person
- injury to any person, or
- damage to any vehicle or property in an apparent amount of at least $500.
(Fla. Stat. § 316.065 (2024).)
Immediately Report the Accident to the Police
Drivers are required to immediately report the accident using the "quickest means possible" to one of the following authorities:
- the local police department if the crash happened in a city
- the county sheriff, or
- the nearest station of the Florida Highway Patrol.
For most drivers, the "quickest means of communication possible" is a phone call from the scene of the accident.
Report the Accident to the Florida Department of Highway Safety and Motor Vehicles
Florida law requires law enforcement officers to submit a "Florida Traffic Crash Report, Long Form" to the Florida Department of Highway Safety and Motor Vehicles ("the Department") within 10 days of completing an investigation when the crash involved:
- a death
- an injury or complaint of pain or discomfort by anyone involved in the crash
- a hit and run
- driving under the influence
- a commercial vehicle, or
- vehicle damage that requires a wrecker to remove it from the scene of the crash.
Drivers involved in accidents that don't require a law enforcement report have to submit their own written report to the department on a form approved by the department within 10 days of the crash.
(Fla. Stat. § 316.066 (2024).)
What If a Driver Is Seriously Injured?
Drivers who are seriously injured in a crash and incapable of making a report are excused from reporting the accident while they are incapacitated.
If an incapacitated driver had a passenger in the car at the time of the crash, the passenger must report the crash for the driver. If the owner of the car is different from the driver, the owner must report the crash for the driver within 10 days of the crash.
(Fla. Stat. § 316.064 (2024).)
Penalties for Not Reporting an Accident in Florida
Failing to report an accident to the authorities in Florida is a noncriminal traffic infraction. The punishment for a noncriminal traffic infraction is a fine only (no jail or prison time).
What Car Insurance Do I Need in Florida?
As we discussed above, Florida is a no-fault car insurance state, but that's not all vehicle owners need to know about insurance requirements, especially after a car accident. Get the details on Florida car insurance rules and requirements.
Can I Drive a Salvage Vehicle in Florida?
If your car has been damaged in an accident (or through any other cause, like water damage) in Florida, it might be evaluated by your car insurance company and declared a "total loss." At this point, the insurance company must apply for a "Salvage Certificate of Title" or "Certificate of Destruction" in the insurance company's name. If you keep the car after a total loss vehicle damage settlement has been paid to you, then you can make the application for a "Salvage Certificate of Title" or "Certificate of Destruction," and that certificate will be issued in your name.
You can't drive a vehicle that's got this "Salvage" or "Destruction" label in Florida. But you can get the vehicle rebuilt or repaired, have it inspected, and apply for a "Rebuilt" designation. Learn more about vehicle damage claims after a car accident.
What's Next?
Having an understanding of the laws in your state is one thing, but when you're involved in a car accident, you might need more than just information. If you're looking for legal advice that's tailored to your situation, talk to a car accident attorney in your area.