A collision can leave you juggling medical care, vehicle damage, and insurance calls all at once. Florida’s no-fault rules add deadlines that don’t exist in every state, including a 14-day window to seek medical treatment. Whether the crash involved a car, truck, or motorcycle, the steps you take in the first hours can shape your claim as much as anything that happens later.
What to Do at the Accident Scene
Your first priorities are safety and documentation. Florida law imposes duties on drivers at the scene, and an early police report becomes a critical record when accounts of the collision start to differ.
Take these steps if you’re able to do so safely:
- Remain at the scene. Exchange required information, assist injured people when reasonable, and wait for law enforcement when a report is needed. Under Florida Statutes § 316.027(2)(c), leaving a crash involving a death is a felony.
- Call 911 for injuries or dangerous conditions. Tell dispatch about injuries, blocked lanes, fuel leaks, or other hazards, and follow instructions from first responders.
- Document what you can. Photograph vehicle positions, damage, debris, skid marks, traffic signals, weather conditions, and visible injuries before vehicles are moved, when it’s safe to do so.
- Get the report information. Within Orlando city limits, the Orlando Police Department typically handles crash reports. Crashes on interstates are generally handled by the Florida Highway Patrol.
- Seek prompt medical care. Florida Personal Injury Protection (PIP) requires treatment within 14 days of the accident to qualify for benefits of up to $10,000.
What Not to Do at the Accident Scene
Stress leads people to fill silence with apologies or guesses. Keep your comments factual, avoid speculation, and let the evidence and official investigation speak to fault.
Avoid these common mistakes:
- Don’t admit fault or apologize for causing the crash. Even a casual statement can be characterized by an insurance company as an admission of liability.
- Don’t argue with the other driver. Exchange information, cooperate with law enforcement, and avoid escalating a situation that may already be unsafe.
- Don’t move an injured person unless there’s immediate danger. Fire, traffic, or another urgent threat may require action, but unnecessary movement can cause harm.
- Don’t post about the accident on social media. Photos, comments, location tags, and activity after a crash can be reviewed by insurers and used to question your injuries or your account of events.
How Florida’s No-Fault Insurance System Works
Florida’s no-fault system means your own PIP coverage pays first for medical expenses and lost income, regardless of who caused the crash. Drivers must carry at least $10,000 in PIP and $10,000 in Property Damage Liability. PIP covers 80% of reasonable medical expenses and 60% of lost wages up to the policy limit. How much you can access depends partly on whether a provider determines you suffered an emergency medical condition, which makes timely treatment and complete medical records essential.
When You Can Pursue the Driver Who Caused the Crash
You can pursue damages beyond the no-fault system when an injury meets Florida’s serious injury threshold: significant and permanent loss of an important bodily function, a permanent injury, significant and permanent scarring or disfigurement, or death.
Florida also follows modified comparative negligence. Under Florida HB 837, a person found more than 50% at fault generally can’t recover damages in a negligence claim, while someone 50% or less at fault may have their damages reduced by their percentage of responsibility. Our attorneys can review how the available evidence may affect your claim.
Do: Protect Your Insurance Claim
Once you leave the scene, shift from documenting the crash to maintaining an organized record of its consequences. Insurers evaluate what’s in front of them, not what you meant to write down later.
Build a clear claim file:
- Report the accident promptly to your insurer. Give basic facts about the collision, review your policy’s notice requirements, and keep a record of the claim number and each conversation.
- Preserve photos and crash details. Keep the responding officer’s name, badge number, report number, witness contact information, and copies of every photograph or video.
- Follow through with medical care. The 14-day PIP deadline is strict, and continued treatment records document the care you received after the collision.
- Track every accident-related expense. Save medical bills, copays, prescription receipts, mileage to appointments, repair estimates, rental car costs, and documentation of missed work.
- Keep communication in writing when possible. Follow up important phone conversations with an email or note identifying the date, person, and what was discussed.
Don’t: Give the Insurance Company More Than It Needs
An adjuster may seem helpful, but their job is to evaluate the insurer’s financial exposure. You can cooperate with legitimate claim requests without signing broad documents or giving a detailed statement before you understand what’s being asked.
Watch for these risks:
- Don’t give a recorded or written statement without legal guidance. You’re not required to give a statement to the other driver’s insurer, and a recorded statement can be used to challenge your account of the crash. If you have doubts, consult an attorney before you speak.
- Don’t sign a blanket medical authorization. A broad authorization can allow an insurer to pull years of unrelated medical records and shift focus to pre-existing conditions rather than the injuries from the crash.
- Don’t accept the first valuation without reviewing it. Ask for the basis of any vehicle appraisal or settlement offer, especially if it doesn’t account for all documented losses.
- Don’t sign a release or cash a final payment check too soon. A release ends your right to pursue additional compensation after the full extent of an injury becomes clear.
- Don’t let negotiations run out the clock. For negligence claims arising from crashes on or after March 24, 2023, Florida Statute § 95.11 generally provides two years from the crash date to file a personal injury lawsuit.
Frequently Asked Questions About Filing an Accident Claim in Orlando
Deadlines and insurance requirements can be confusing after a crash. These answers address issues that commonly come up for people dealing with an accident claim in the Orlando area.
How Long Do I Have to File a Personal Injury Claim?
For most negligence claims arising on or after March 24, 2023, the deadline is two years from the date of the crash under Florida Statute § 95.11. Insurance negotiations don’t pause that filing deadline, and different facts can affect which deadline applies to your case.
What Happens If I Miss the 14-Day PIP Deadline?
Missing the 14-day treatment window can disqualify you from PIP benefits of up to $10,000. Seek a medical evaluation promptly after a collision, even if symptoms seem minor. Some injuries aren’t immediately obvious.
Do I Have to Talk to the Other Driver’s Insurer?
No. You aren’t required to provide a recorded statement to the other driver’s insurance company. Before discussing fault, injuries, or the details of the collision with that insurer, consider speaking with our attorneys first.
Where Would an Orlando Injury Lawsuit Be Filed?
Personal injury litigation arising in Orlando may be filed in Orange County Circuit Court, depending on the facts and parties involved. Most claims resolve through insurance negotiations, but preserving evidence and tracking deadlines matters whether or not a lawsuit is ultimately filed.
Take Care of the Details Before They Become Obstacles
A careful response after a crash doesn’t require you to have every answer immediately. Get medical attention, preserve records, meet Florida’s deadlines, and avoid giving insurers statements or authorizations that go beyond what’s required.
At Legally Pink Law, we offer free confidential consultations and work on a contingency fee basis. You pay nothing unless we recover compensation in your case. If you’re ready to talk through your next step, contact our team or call us at (888) 979-4941.