Being involved in a car accident—especially if it’s not your fault—can be stressful and confusing. An accident in Florida brings unique legal and insurance considerations due to the state’s specific laws and procedures. Car accidents often leave victims unsure about their next steps and how to handle insurance claims.

Deciding whether to file an insurance claim depends on Florida’s unique insurance system and your situation. The no-fault system in Florida applies only to personal injury claims, meaning property damage claims follow a different process. Additionally, you are generally required to report an accident to the police if there are injuries or more than $500 in property damage. In Florida, all involved parties must also report the accident to their car insurance companies to initiate the claims process. Drivers must report any accident they are involved in, regardless of who is at fault.

At RTRLAW, we help accident victims across Florida understand their rights and maximize their compensation even in cases when they weren’t responsible for the crash. We can explain what you need to know if you’re not at fault and wondering whether to file an insurance claim.

Introduction to Car Accident Claims

Navigating a car accident claim in Florida can feel overwhelming, especially when dealing with insurance companies and trying to understand your rights. As a no-fault insurance state, Florida requires each driver’s insurance company to pay for their own policyholder’s injuries and certain damages, regardless of who caused the accident.

This system is designed to streamline the claims process and ensure that medical expenses and lost wages are covered quickly after a crash. However, under Florida’s no-fault law, drivers give up their right to sue the other driver for damages except in severe injury cases. Drivers can pursue additional damages only if they suffer serious injuries exceeding specific thresholds.

Insurance companies often look for ways to minimize payouts, and determining fault can still play a role in more serious cases. Understanding how the claims process works is essential to ensure fair compensation for property damage, medical expenses, and lost wages. Consulting a car accident attorney can help navigate these complexities, protect your rights, and maximize your recovery.

Understanding Florida’s No-Fault Insurance System

Personal Injury Protection (PIP): Florida is a no-fault state and requires all drivers to carry auto insurance with at least $10,000 in PIP coverage. PIP pays for:

• 80% of the necessary medical expenses
• 60% of lost wages
• $5,000 in death benefits (if applicable)

PIP coverage applies regardless of who is at fault. Your own insurer pays these benefits after an accident. However, coverage can vary by policy, so review your insurance documents carefully. You should provide your insurer with a copy of the police report and relevant medical documentation to support your claim.

Limits of PIP Coverage

PIP does not cover:

• Pain and suffering
• Vehicle repairs or property damage

If you experience severe injuries, large medical bills, or significant disabilities, you may need to file a claim against the at-fault driver’s insurance. The at-fault driver’s insurer may be responsible for paying damages that exceed your PIP limits.

If you suffer a permanent injury or significant non-economic losses, you may seek further compensation by filing a personal injury lawsuit against the at-fault driver. These cases can include claims for pain and suffering not covered by PIP. In Florida, you have a two-year statute of limitations to file a personal injury lawsuit after an accident.

If you file a claim through your own collision coverage, you may need to pay your deductible upfront, though you can later seek reimbursement from the at-fault driver’s insurer through subrogation.

Determining Fault in a Car Accident

While Florida’s no-fault system covers many initial expenses, determining fault remains crucial—especially when injuries are severe or property damage is significant. The at-fault driver’s insurance company may be responsible for additional compensation, including medical bills, lost wages, and vehicle repairs that exceed your PIP limits.

Property damage claims in Florida are still based on fault, meaning the at-fault driver’s insurer must cover those damages. Insurance companies and law enforcement rely on police reports, witness statements, and medical records to establish fault.

Your insurer will also investigate after you report the accident. A personal injury attorney can help gather and present this evidence to ensure your claim is supported. In some cases, fault may be shared between drivers, which can affect how much compensation you receive.

When to File a Claim With the Other Driver’s Insurance

You should file a third-party claim if:

• Injuries are severe or permanent
• Medical bills exceed $10,000
• Your vehicle is badly damaged or totaled
• You have the other driver’s insurance information

A third-party claim can help you recover compensation for:

• Outstanding medical expenses
• Property damage
• Pain and suffering
• Future lost wages or care costs

Note: Promptly report accidents and claims to maintain your eligibility for compensation. Contact your insurance agent to clarify coverage options and receive assistance with the claims process.

Should You File a Claim for a Minor Accident?

Yes. Even if injuries or damages seem minor:

• Some injuries appear days or weeks later.
• Florida law requires medical treatment within 14 days to access PIP benefits.
• Filing a claim creates a record and protects your rights.

Always obtain an official accident report, even for minor incidents, to ensure proper documentation. Florida law requires reporting vehicle accidents, and the Florida Highway Safety and Motor Vehicles Department enforces these regulations.

If the Other Driver Is Uninsured or Underinsured

If you’re involved in an accident with an uninsured driver, your Uninsured/Underinsured Motorist (UM/UIM) coverage can provide protection. While optional, UM/UIM coverage is strongly recommended in Florida, which has one of the highest rates of uninsured drivers in the nation.

This coverage can pay for medical bills, lost wages, and pain and suffering when the at-fault driver lacks adequate insurance. If the other driver’s coverage is insufficient, your UIM policy can make up the difference.

Will Filing a Claim Affect My Insurance Premiums?

Generally, not-at-fault claims should not raise your rates. However, multiple claims or insurer-specific policies may vary. Review your policy details or consult an attorney to understand how your situation might affect premiums.

Why You Should Notify Your Insurer—Even If You Don’t File a Claim

Most insurance policies require that you report all accidents promptly, regardless of fault. Timely notification ensures the insurer can process covered losses properly. Failing to report could risk denial of future coverage or claims. Reporting also creates a record for potential medical or repair expenses that could arise later.

Essential Steps After Any Accident

Quick checklist:

• Call 911 and obtain a police report
• Take photos at the scene
• Exchange information with the other driver
• Seek medical attention within 14 days
• Notify your insurance company
• Consider consulting a law firm to understand your options

Work With an Experienced Attorney—Get the Compensation You Deserve

Filing both a PIP and, if needed, a third-party liability claim helps ensure you recover compensation for all losses, including physical injuries and emotional distress.

Florida’s no-fault system shapes how claims work, but fault still matters for additional compensation. Consulting experienced car accident attorneys can help protect your rights and ensure a fair recovery. Many attorneys offer free consultations to explain your options and negotiate with insurers.

Bottom Line: Even if you are not at fault, always file an insurance claim after any Florida car accident to preserve your rights, access benefits, and ensure future compensation options. Contact an experienced attorney for guidance—especially if injuries or damages are significant.

Need help after a car crash in Florida? Contact a qualified personal injury attorney for a free consultation and case review. Call us at 1-833-HIRE-RTR or reach out for a free consultation today. We’re here to help protect your rights so you can move forward with strength.