Motor Vehicle Accidents FAQ

Call 911 first. Don’t admit fault or apologize at the scene. Exchange insurance and contact information, photograph everything (vehicles, scene, road conditions, visible injuries), and get witness names. Seek medical attention even if you feel okay, because adrenaline masks injuries that may appear hours or days later. Call us before speaking to any insurance adjuster.

Yes, in most cases. Florida law requires reporting accidents involving injury, death, or property damage over $500. Even when a crash seems minor, damage estimates at the scene are often wrong, and injuries like whiplash or concussions can take hours or days to appear. A police report creates an official record of what happened, which matters significantly if you file a claim later. If local police won’t respond to minor fender-benders, you can file a Florida Traffic Crash Report yourself online within 10 days of the accident.

You are not required to give a recorded statement to the other driver’s insurer, and we strongly advise against doing so without first speaking to an attorney. Adjusters are trained to ask questions that can minimize your claim or shift blame, often in ways that aren’t obvious. You do need to notify your own insurer under your policy terms, but keep that conversation brief and factual. Let us handle communications once we’re involved.

It depends on what “minor” really means. If there are no injuries and vehicle damage is truly minimal, you may not need one. But if you feel any pain, even mild soreness, or if the other driver disputes fault, getting a free consultation costs nothing and can prevent costly mistakes. What seems minor at the scene can involve injuries (soft tissue damage, disc herniations) that take days to fully present. We offer no-obligation consultations. It’s worth a call before you make any decisions.

Fault is established through police reports, witness statements, photos, traffic cameras, accident reconstruction, and vehicle data. Florida uses a modified comparative negligence system, so fault can be divided between multiple parties. Insurance companies run their own investigations, but their conclusions aren’t final. We regularly challenge adjuster assessments with independent evidence when the initial finding isn’t accurate or fair.

Florida’s modified comparative negligence rule (updated in 2023 under HB 837) means you can still recover as long as you were not more than 50% responsible. If you’re found to be 51% or more at fault, you generally cannot recover under Florida law. At or below 50%, your recovery is reduced proportionally by your percentage of fault. Don’t assume partial fault ends your case, as the specific percentage assignment matters, and we know how to challenge unfair fault assessments.

Florida requires most drivers to carry Personal Injury Protection (PIP), which covers up to $10,000 in your own medical bills and lost wages after an accident, regardless of who was at fault. You must seek treatment within 14 days of the accident, or you forfeit PIP benefits. PIP won’t fully cover serious injuries, which is where a personal injury claim against the at-fault driver comes in. To sue the at-fault driver directly, your injuries generally need to meet Florida’s “serious injury” threshold, such as permanent injury, significant scarring, or death.

Since March 2023, under HB 837, the statute of limitations for most car accident personal injury claims in Florida is two years from the date of the accident. Before that change, the deadline was four years, so if you’re relying on older information or advice, it may be wrong. Missing this deadline almost always means losing your right to sue entirely. If a government vehicle or employee was involved, shorter deadlines and written notice requirements apply.

It depends on your injuries, medical costs, impact on your ability to work, and the insurance coverage available. Soft tissue cases settle differently than those involving surgery, permanent disability, or significant time off work. We evaluate every case based on your full documented losses, and we don’t recommend settling until the complete damage picture is clear.

Almost never. Initial offers are typically far below what a case is worth, made before anyone fully understands the extent of your injuries and long-term costs. Once you accept and sign a release, you can’t go back even if your condition worsens. We review every offer against the full picture of your damages before advising you on whether to accept, negotiate, or litigate.

A compulsory medical exam (CME) is typically ordered in cases where an insurance company or other defendant alleges a fraudulent injury claim. They are not necessarily something to worry about, but you should be prepared and aware of your legal rights should you find yourself in such a situation.
The steps it takes to get you into the insurance company’s doctor of choice are fairly simple. In fact, the only thing an insurance company has to do is demand that you be seen by their physician. Florida Statute § 627.736(7)(a) allows insurers to request an IME at any point in the process. In some cases, a defendant will instead file a motion seeking a court-ordered compulsory medical exam. It is extremely rare for a court to deny such a demand or, in some cases, a motion. 
Under Florida state law, you are required to comply with the request. That said, you do maintain some rights. These include the right to be seen by a physician who is reasonably accessible and the right to have your attorney present during the exam. You and your attorney can choose to video the CME. 
Why would you choose to have your exam videoed by your attorney? Because the CME is not in your best interest. The doctor examining you is not of your choosing and, ultimately, has been chosen because they might benefit the interests of the opposing side. In essence, this doctor/patient relationship is somewhat of an adversarial one. This doctor isn’t just looking to diagnose you; they are also looking for signs that your original diagnosis was incorrect and that some or all of the treatments you were prescribed were unnecessary. 

Not every accident requires one, but you should strongly consider it if you have any injuries, if the other driver disputes fault, or if the insurance company is offering less than your damages warrant. Insurers handle these negotiations every day and have teams trained to minimize payouts. An attorney knows how to document injuries properly, counter low offers, and take the case further if needed. Our consultations are free, and we only get paid if we recover money for you. There’s no financial risk in getting a professional opinion.

In Florida, vehicle owners can be held liable for accidents caused by someone else driving their car under the “dangerous instrumentality” doctrine. If you gave someone permission to use your vehicle (express or implied), your insurance is typically the primary coverage for any claims. If a third party was injured, those claims can come against your policy. If your car was taken without your permission, the liability analysis is different. This situation warrants a quick conversation with an attorney to understand your potential exposure.

After an accident, you (or your attorney) notify the relevant insurance companies. Adjusters investigate the claim by reviewing the police report, photos, medical records, and any statements. They make a settlement offer, which is almost always negotiable. The negotiation process can take weeks to months depending on complexity. Once both sides agree, you sign a release, and the insurer issues payment. Attorney fees, case costs, and medical liens are deducted before you receive your share. Having an attorney manage this process consistently produces higher settlements and fewer end-of-case surprises.

Florida has among the highest rates of uninsured drivers in the country, so this comes up regularly. If the at-fault driver is uninsured or can’t be identified (hit-and-run), your Uninsured/Underinsured Motorist (UM/UIM) coverage may step in, if if you purchased it. Florida doesn’t require UM coverage, but if you have it, it can cover you where the other driver’s policy falls short. We help you navigate your own policy and make sure your insurer treats you fairly in the process.

Rideshare accidents involve multiple potential insurance layers depending on the driver’s status at the time. If the app was off, the driver’s personal insurance applies. If the app was on but no ride was accepted, limited Uber/Lyft coverage applies. If a passenger was in the car or the driver was en route to a pickup, Uber and Lyft’s $1 million liability policy is in play. These cases have more moving parts than standard car accidents, but injured passengers and other drivers do have real recourse. We’ve handled rideshare cases and can help you work out which coverage applies to your situation.

Not wearing a seatbelt doesn’t eliminate your right to compensation, but Florida’s seatbelt defense (FL Statute 316.614) allows the defense to argue that your failure to buckle up made your injuries worse, which can reduce your recovery proportionally under comparative fault rules. The extent of any reduction depends on how a seatbelt would have affected your specific injuries. It’s a factor in your case, not a case-ender, and how it plays out depends heavily on the nature of your injuries.

Don’t apologize or say anything that implies fault, even “I’m sorry” can be used against you. Don’t say you’re “fine” or “not hurt” at the scene; some injuries don’t surface for hours or days. Don’t give a recorded statement to any insurance company without speaking to an attorney first. Don’t post about the accident on social media. Adjusters and defense attorneys routinely check social media to find anything that contradicts injury claims. Keep your communications at the scene brief and factual.

Call 911, document the scene thoroughly, and get medical attention. Motorcycle injuries are often more severe than they initially appear. Bias against motorcyclists is common among insurance adjusters and juries alike, so thorough, objective documentation of the scene and how the accident happened matters more here than in most car cases. Keep your gear, as a damaged helmet is evidence. Don’t let anyone pressure you to move your bike before photos are taken, and contact us before speaking with any adjuster.

Yes. Under FL Statute 316.211, riders 21 and older may ride without a helmet in Florida if they carry at least $10,000 in medical insurance coverage. Whether the absence of a helmet affects your claim depends on your specific injuries; if they’re unrelated to head trauma, helmet use typically isn’t relevant to your damages. Florida’s comparative fault rules may reduce recovery where the lack of a helmet directly contributed to a head injury, but it doesn’t eliminate your claim

You can handle a motorcycle claim without an attorney, but it comes with real risks. Insurers often treat motorcyclists as higher-risk and are more likely to assign partial or full fault in ways that aren’t always accurate or fair. Without legal representation, you may not know the full value of your claim, and you’re negotiating against adjusters who do this daily. If you have any injuries, we strongly recommend getting a free consultation before giving any recorded statements or accepting any offers. It costs you nothing.

Not through PIP, motorcycles are specifically excluded from Florida’s no-fault PIP system. That means there’s no mandatory personal injury protection on a motorcycle policy covering your own medical bills. Your health insurance is typically the first source of coverage for your own medical costs after a motorcycle accident. If someone else caused the crash, their liability insurance should cover your injuries. Uninsured Motorist coverage on your motorcycle policy, if you purchased it, can protect you when the at-fault driver is uninsured or underinsured.

The average settlement for a motorcycle accident depends upon the extent of your injuries and the insurance coverage available or the assets of the at-fault party. If your injuries are more extensive requiring medical treatment or future medical treatment or you have sustained lost wages or future lost wages because of the accident, those items will increase the value of your accident – motorcycle accident claim. It is suggested that you seek a lawyer to help you determine the amount of available insurance coverage to compensate you for your motorcycle accident and to determine a fair value for your injuries and your pain and suffering that you may have sustained in a motorcycle accident.

Call 911, document the scene as thoroughly as possible, and get medical care. Then contact an attorney immediately. Commercial truck accidents involve time-sensitive evidence like black box data, driver hours-of-service logs, and maintenance records that can be overwritten or destroyed within days. The trucking company’s legal team often dispatches investigators to the scene within hours. You need someone working on your side just as quickly.

Commercial trucks are regulated by federal law (FMCSA), and a thorough investigation goes far beyond standard car accident work. It covers driver qualification files, carrier safety records, cargo weight compliance, and the truck’s electronic data recorder. Liability can extend beyond the driver to the trucking company, cargo loader, vehicle manufacturer, or maintenance provider. Experience with federal trucking regulations and multi-party liability makes a real difference in these cases.

A truck accident attorney investigates the crash on multiple levels: securing the truck’s black box data before it’s overwritten, subpoenaing driver logs and maintenance records, identifying every potentially liable party, and working with accident reconstruction and medical experts to build your case. We handle all communications with the trucking company’s insurance carrier and their legal team. Our involvement from early on means critical evidence is preserved and your rights are protected from the start.

Liability in a truck accident often extends well beyond the driver. Depending on the facts, responsible parties can include the trucking company (for negligent hiring, supervision, or maintenance), the cargo loading company (if improper loading contributed to the crash), the vehicle or parts manufacturer (if a mechanical defect was involved), or a third-party maintenance contractor. Federal FMCSA regulations create additional layers of accountability for commercial carriers. One of the first things we do is identify every party that may share responsibility.

Like all our personal injury cases, truck accident representation is handled on a contingency fee meaning there is no upfront payment, and no attorney fees unless we recover money for you. The fee is a percentage of the final settlement or award, explained clearly before you sign anything. Case costs (experts, records, filing fees) are typically advanced by the firm and deducted from the recovery. The size or complexity of a truck case doesn’t change your out-of-pocket risk. It’s zero unless we win.

Call 911 and get emergency care. Pedestrian injuries are often severe even when they don’t feel that way at first. If possible, photograph the scene and collect witness contact information before leaving. Florida’s PIP may cover some expenses for pedestrians who carry auto insurance; if you don’t, the at-fault driver’s liability policy typically applies. Your medical records become critical evidence in these cases since there’s no vehicle damage to document the impact, so don’t delay treatment.

Fault follows the same negligence standard as any personal injury case, who failed to exercise reasonable care? Drivers have a duty to watch for pedestrians, yield at crosswalks, and obey traffic laws. Pedestrians also have responsibilities: using crosswalks where available, following signals, and not stepping into moving traffic unexpectedly. Under Florida’s modified comparative negligence rule, both parties can share fault, and your recovery is reduced proportionally by your percentage as long as it’s 50% or below.

It depends on the severity of your injuries and how clearly fault is established. Pedestrian accidents often involve serious injuries, which means waiting until you’ve reached maximum medical improvement before settling, otherwise you risk undervaluing your long-term costs. Straightforward cases with clear fault and documented injuries can resolve in a few months; complex cases with disputed liability or catastrophic injuries may take a year or more. We don’t push for a fast settlement at the expense of a fair one.

Not automatically. At marked crosswalks and controlled intersections, pedestrians generally have the right of wa, and drivers must yield. But pedestrians also have legal obligations. They must obey traffic signals, use available crosswalks, and yield to vehicles when crossing mid-block. Florida has no statewide jaywalking law, but that doesn’t make pedestrians automatically free of fault. Whether a pedestrian had the right of way in a specific incident depends on the location, signals present, and the conduct of both parties.

Florida has no statewide jaywalking law, so crossing outside a marked crosswalk isn’t automatically illegal under state law. Whether it affects your claim depends on whether your conduct contributed to the accident. Under Florida’s modified comparative negligence rule, your recovery may be reduced if you share some fault, but it doesn’t bar your claim unless you’re found to be more than 50% responsible. The driver’s speed, distraction, and reaction time are almost always part of the picture.

Pedestrian accidents frequently result in serious injuries. The human body has no protection against a vehicle. The medical and financial stakes are high, and bias against pedestrians (particularly those not in a crosswalk) is common among adjusters and juries. An attorney builds the case with hard evidence: traffic camera footage, witness statements, accident reconstruction, and expert testimony. We know how to counter unfair fault assignments and make sure the full value of your injuries is reflected in any settlement or verdict.

A boating accident generally refers to any collision, capsizing, fire, flooding, or personal injury occurring on a vessel. Whether Florida state law or federal maritime (admiralty) law applies depends on the type of waterway and the nature of the activity. Accidents on navigable waters with a connection to maritime commerce may fall under federal admiralty jurisdiction; most recreational boating accidents in Florida are governed by state law. The distinction affects which rules, deadlines, and damage frameworks apply. We evaluate the specific facts to determine the right legal approach for your case.

Under FL Statute 327.30, a boating accident must be reported to the Florida Fish and Wildlife Conservation Commission when it involves: injury requiring medical treatment beyond first aid, death or disappearance of a person, property damage of $2,000 or more, or complete loss of the vessel. If someone died or went missing, the report must be filed within 48 hours. For injury or property damage, you have 10 days. The vessel operator (or the owner, if the operator can’t file) is responsible for submitting the report.

Please ensure everyone is accounted for and call for emergency assistance immediately. Florida law requires the operator to render assistance if it’s safe to do so. Get everyone out of the water if possible and signal for help if the vessel is disabled. If you can safely do so, document the scene: photos of both vessels, visible damage, injuries, and environmental conditions. Exchange registration and insurance information with the other operator. Seek medical attention right away, even for injuries that seem minor. Then contact us; boating cases have specific reporting requirements and deadlines that are easy to miss when you’re in the middle of an emergency.