After the initial shock of a car accident, a series of important deadlines begins to run. Some of these timelines are set by Florida law, while others are dictated by insurance policies.
Knowing how long you have to report a car accident in Florida and take other key actions is essential for protecting your health and your legal rights. Missing one of these deadlines can have serious consequences. Our firm helps people stay on top of these timelines and build a strong foundation for their injury claim from day one.
Florida's accident timelines:
- Florida law requires drivers to report any accident involving injury, death, or apparent property damage of $500 or more to law enforcement "immediately."
- To be eligible for Personal Injury Protection (PIP) benefits for your medical bills, you must seek initial medical treatment within 14 days of the accident.
- The statute of limitations for filing a personal injury lawsuit against a negligent driver in Florida is now generally two years from the date of the crash.
- You should notify your own insurance company about the accident as soon as it is reasonably possible, as required by the terms of your policy.
The First Report: Notifying Law Enforcement
The first and most immediate reporting requirement after a Florida car accident involves law enforcement. This is not just a suggestion; it is a legal duty for the drivers involved. This initial report creates the first official record of the crash, which becomes a key piece of evidence in any future insurance claim or lawsuit.
When is a police report legally required?
Under Florida Statute § 316.065, drivers are required to immediately report a crash to the local police department, sheriff's office, or the Florida Highway Patrol when the collision results in injury, death, or apparent property damage of $500 or more.
Given the high cost of modern vehicle repairs, nearly every accident will meet this $500 threshold. The term "immediately" means making the call from the scene of the accident unless you are too injured to do so.
Why is an official police report so important?
The police report, also known as a Traffic Crash Report, is a foundational document for your case. While the officer's opinion on fault is not always the final word, the report contains a wealth of factual information that is invaluable.
The official crash report provides a baseline of objective facts.
- It identifies all drivers, passengers, and witnesses involved in the crash.
- It includes the insurance information for all vehicles.
- It documents the date, time, and specific location of the collision.
- It often contains a diagram of the accident scene and the officer's initial observations.
- It notes any traffic citations that were issued, which can be strong evidence of negligence.
Having this official record prevents disputes later on about the basic facts of what happened. It is the starting point for any insurance adjuster or attorney who reviews your case.
What if the other driver asks not to call the police?
It is never a good idea to agree to handle a crash "off the record." A driver who asks you not to call the police may be trying to hide something, such as driving without a license, having no insurance, or being under the influence.
A seemingly minor fender-bender can also hide significant frame damage, and what feels like minor soreness can later turn into a serious injury. Reporting the accident to the police protects you from these risks and ensures you comply with Florida law.
The 14-Day Deadline for Medical Treatment: Your PIP Eligibility
The next critical deadline is not about reporting the accident itself, but about seeking medical care. This timeline is directly tied to your eligibility for the no-fault insurance benefits you are required to carry in Florida. Missing this deadline can leave you with no coverage for your initial medical bills.
The strict 14-day PIP rule
Florida's no-fault law requires you to seek your initial medical treatment from a qualified provider within 14 days of the car accident. This is an absolute deadline. If you see a doctor for the first time on day 15, your Personal Injury Protection (PIP) carrier has the legal right to deny your claim entirely. This means you would receive no benefits for your medical bills or lost wages from your own insurer.
What kind of treatment qualifies?
The initial treatment must be provided or supervised by a licensed medical doctor, doctor of osteopathy, dentist, or chiropractor. It can also be administered at a hospital or a facility that owns a hospital.
Many people satisfy this requirement by going to an emergency room or an urgent care center immediately after their accident. A follow-up visit with your primary care doctor within the 14-day window also qualifies.
Why this deadline matters for your health and your case
This deadline is important for two main reasons. First, from a health perspective, some serious injuries like whiplash or concussions do not show obvious symptoms right away.
Getting a medical evaluation promptly can help identify these hidden injuries before they worsen. Second, from a legal perspective, it creates a clear, documented link between the accident and your injuries. Any significant delay in seeking treatment gives the insurance company an opportunity to argue that your injuries were not caused by the crash.
The Two-Year Statute of Limitations: The Clock is Ticking
While the first two deadlines are about immediate reporting and medical care, the statute of limitations is the final, absolute deadline for taking legal action. This is the time limit set by Florida law for filing a personal injury lawsuit against the at-fault driver.
What is a statute of limitations?
A statute of limitations is a law that sets the maximum amount of time that parties involved in a dispute have to initiate legal proceedings. The purpose of these laws is to ensure that claims are brought forward while evidence is still fresh and witnesses can still be found.
If you fail to file a lawsuit within the time period set by the statute of limitations, the court will dismiss your case, and you will be permanently barred from seeking compensation.
Florida’s two-year time limit for injury lawsuits
Recent changes to Florida law have significantly shortened the timeline for filing a car accident lawsuit. For most negligence-based claims, including car accidents, the statute of limitations is now two years from the date of the crash.
This two-year window applies to your claim for personal injuries. It is a strict deadline, and waiting too long to act can result in the complete loss of your legal rights.
Different timelines for other types of claims
It is important to know that different types of claims have different statutes of limitations. For example, the deadline to file a claim for property damage to your vehicle is generally four years.
If the accident resulted in a fatality, the deadline for the surviving family members to file a wrongful death lawsuit is also two years from the date of the person's death. Because these timelines can be complex, it is always wise to consult with an attorney to confirm the specific deadline that applies to your situation.
Notifying Your Insurance Company: A Contractual Duty
The final timeline to be aware of is the one set by your own insurance company. Your auto insurance policy is a contract between you and the insurer. That contract contains specific requirements for what you must do after an accident, including how and when you must report it to them.
The prompt notice requirement
Most insurance policies do not give a specific number of days to report an accident. Instead, they use language that requires you to provide prompt, timely, or immediate notice, or to report the accident as soon as reasonably possible. While this is vague, the best practice is to report the accident to your own insurer within a day or two of the crash.
Why you must notify your own insurer
You are required to report the accident to your own insurance company for several reasons. First, it is necessary to open your PIP claim for your medical bills and lost wages. Second, if you were hit by a driver who has no insurance or not enough insurance, you will need to open a claim under your own Uninsured/Underinsured Motorist (UM/UIM) coverage. Third, your insurance company has a right to investigate the accident to defend you if the other driver tries to claim you were at fault.
Consequences of a late report
Failing to provide prompt notice can give your insurance company a reason to deny your claim. They may argue that your delay prejudiced their ability to investigate the accident.
For example, if you wait several weeks to report the crash, evidence may have disappeared, and witnesses may have become hard to find. A late report can jeopardize your access to PIP, UM, and other coverages that you have paid for.
FAQ for Florida Car Accident Reporting Deadlines
Do I have to report a minor accident in a private parking lot to the police?
While the police may not always respond to minor accidents on private property, it is still a good idea to call them. If they do not respond, you should still exchange information with the other driver and file a report with the Florida Highway Patrol online. Creating a record of the incident is important, even for minor collisions.
What if I did not realize I was injured until a week after the accident?
This is a common situation. As long as you seek your initial medical treatment within the 14-day PIP window, you will still be eligible for benefits. It is important to tell your doctor that your symptoms are from the car accident a week prior so they can document the connection in your medical records.
Can the two-year statute of limitations ever be extended?
In very rare and specific circumstances, the statute of limitations can be "tolled," or paused. For example, if the injured party is a minor, the clock may not start running until they turn 18. However, you should never assume that an exception will apply to your case. Always operate under the assumption that the two-year deadline is absolute.
Does reporting the accident to my insurance company automatically mean I am filing a lawsuit?
No, not at all. Reporting the accident to your insurer is simply the first step in the claims process. It allows you to access your PIP benefits and puts the company on notice. The vast majority of insurance claims are settled without ever filing a lawsuit. A lawsuit is typically only filed if the insurance company denies the claim or refuses to make a fair settlement offer.
Timelines Matter: Do Not Delay
After a car accident, it can be easy to feel disoriented and unsure of what to do first. However, the clock starts ticking immediately on several important deadlines. Delay can weaken your claim and, in some cases, extinguish your rights entirely.
Taking prompt action to report the crash, see a doctor, and notify your insurer lays the groundwork for a successful recovery. These deadlines and rules are complex, and the insurance companies that handle these claims are well-versed in them.
Having a car accident lawyer on your side can ensure that all timelines are met and that your rights are protected. If you have questions about the deadlines applicable to your Florida car accident, we invite you to contact our team through our contact page for a free consultation.