Question 1

What should I do immediately after a car accident in Florida?

Accepted Answer

Call 911 first -- even for minor accidents. While waiting for police: move to safety and turn on hazard lights, check for injuries, exchange insurance and contact information with all drivers, photograph the scene and all vehicles, and collect witness names and numbers. Do not admit fault or apologize at the scene. A police report is legally required for any accident involving injury or property damage over $500.

Question 2

How long do I have to file a car accident lawsuit in Florida?

Accepted Answer

As of 2023, Florida's statute of limitations for car accident personal injury claims is 2 years from the date of the accident. Miss this deadline and you permanently lose the right to sue -- no exceptions. For wrongful death claims arising from a car accident, the deadline is also 2 years from the date of death. Contact an attorney immediately -- building a strong case takes time and evidence disappears quickly.

Question 3

Does Florida's no-fault insurance law affect my claim?

Accepted Answer

Yes. Florida is a no-fault state, meaning your own Personal Injury Protection (PIP) coverage pays your initial medical bills and lost wages regardless of who caused the accident. Florida requires all drivers to carry at least $10,000 in PIP. You must seek medical treatment within 14 days of the accident to access PIP benefits. To sue the at-fault driver for pain and suffering and full damages, your injuries must meet Florida's serious injury threshold -- permanent injury, significant scarring, or significant loss of a bodily function.

Question 4

What if the other driver has no insurance?

Accepted Answer

Approximately 20% of Florida drivers carry no insurance. If you are hit by an uninsured driver, your options include: Uninsured Motorist (UM) coverage on your own policy (the most important coverage you can have in Florida), Underinsured Motorist (UIM) coverage if the at-fault driver's limits are insufficient, and a personal injury lawsuit against the uninsured driver (though collecting a judgment can be difficult). An attorney can identify all available sources of recovery.

Question 5

Should I accept the insurance company's first settlement offer?

Accepted Answer

Almost never. Insurance companies make early, low offers hoping you will accept before you know the full extent of your injuries. Once you sign a release and accept a settlement, you cannot go back for more -- even if your condition worsens. Before accepting any offer, make sure you have reached maximum medical improvement (MMI), understand all future medical costs, and have an attorney review the offer.

Question 6

What if I was partially at fault for the accident?

Accepted Answer

You may still recover compensation. Under Florida's modified comparative fault rule (as of 2023), you can recover damages as long as you are 50% or less at fault. Your recovery is reduced by your percentage of fault. For example, if your damages are $100,000 and you are 30% at fault, you can recover $70,000. If you are found more than 50% at fault, you cannot recover anything -- which is why insurance companies aggressively try to shift blame.

Question 7

How much is my car accident case worth?

Accepted Answer

Every case is different. The value depends on the severity and permanence of your injuries, past and future medical expenses, lost wages and lost earning capacity, pain and suffering, and whether the other driver was especially reckless. Florida's 2023 tort reform also changed how damages are calculated. An experienced attorney will calculate the full value of your claim -- including future costs that are easy to overlook.

Question 8

How long does a car accident settlement take in Florida?

Accepted Answer

Minor injuries with clear liability typically resolve in 3-9 months. Moderate injuries or disputed liability cases take 9-18 months. Serious injuries and complex cases can take 1-3 years. Cases that go to trial can take 2-4+ years. The biggest factor is reaching maximum medical improvement (MMI) -- settling before MMI risks undervaluing your claim because future medical costs are not yet known.

Question 9

Do I need a lawyer for a car accident claim in Florida?

Accepted Answer

Any accident involving injury almost certainly warrants an attorney. Insurance companies have experienced adjusters and lawyers working against you from day one. Studies consistently show that accident victims represented by attorneys recover significantly more than those who negotiate alone -- even after attorney fees. At Juan Cordero Lawyers, we handle car accident cases on a contingency fee basis -- you pay nothing unless we win.

Question 10

What if I was injured as a passenger in an Uber or Lyft?

Accepted Answer

Rideshare accidents involve multiple layers of insurance coverage. When you are a passenger during an active trip, Uber and Lyft provide $1 million in liability coverage. The process for claiming against this coverage is more complex than a standard car accident claim. An attorney experienced with rideshare accidents can navigate the overlapping policies and maximize your recovery.

Question 11

Can I still file a claim if I did not go to the doctor right away?

Accepted Answer

You can still file a claim, but a gap in medical treatment gives insurance companies ammunition to argue your injuries were not caused by the accident or are not as serious as claimed. Under Florida's no-fault law, you have 14 days from the accident to seek treatment to access PIP benefits. If you have not yet seen a doctor, do so immediately and contact an attorney who can help explain the delay.

Question 12

What if a commercial truck caused my accident?

Accepted Answer

Truck accident cases are significantly more complex than standard car accident cases. Commercial trucking companies carry much larger insurance policies -- often $1 million or more -- and have experienced legal teams that begin investigating immediately. Liable parties may include the driver, the trucking company, the cargo loader, and the vehicle manufacturer. An attorney must act quickly to preserve the truck's black box data, driver logs, and maintenance records before they are altered or destroyed.

Car Accident Questions, Answered

Injured? Call Now for a Free Consultation.

Car Accident FAQ Florida — Juan Cordero Lawyers

Car Accident Questions, Answered

Injured? Call Now for a Free Consultation.