Car Accident Claims in Florida

A driver in a crash that causes injury or death, or apparent damage to a vehicle or other property of at least $2,000, must immediately notify police by the quickest means available: the local police department if inside a city, otherwise the county sheriff or the nearest Florida Highway Patrol office. Failing to do so is a noncriminal traffic infraction.

When a crash damages a vehicle or other property and no law enforcement report is required, the driver must send a written crash report to the Florida Department of Highway Safety and Motor Vehicles within 10 days after the crash, on a form the department approves. Crashes with injury, death, complaints of pain, a hit-and-run or DUI, a vehicle towed from the scene, or a commercial vehicle get a Long Form report from the investigating officer instead.

A driver in a crash on public or private property must stop at or as near the scene as possible, stay until giving name, address and vehicle registration number, show a license on request (including to police), and give reasonable help to anyone injured, including arranging transport for medical care. For an unattended vehicle or property, the driver must find the owner or leave a written note and notify police. Leaving a crash with injury is a third-degree felony; with serious bodily injury, a second-degree felony; with a death, a first-degree felony with a 4-year mandatory minimum prison term. Leaving a property-damage-only crash is a second-degree misdemeanor. Convictions for leaving an injury or death crash carry at least a 3-year license revocation.

Florida is a no-fault state. Owners must carry personal injury protection (PIP) of $10,000 in medical and disability benefits (medical benefits pay 80% of reasonable expenses) and $5,000 in death benefits, plus $10,000 of property damage liability. Because of PIP, an injured person can sue an at-fault driver for pain, suffering and similar non-economic damages only if the injury involves significant and permanent loss of an important bodily function, a permanent injury, significant and permanent scarring or disfigurement, or death.

Modified comparative fault (51% bar). In negligence cases, an injured person's own fault reduces the damages proportionately, but a person found more than 50% at fault for his or her own harm recovers nothing. This bar does not apply to personal injury or wrongful death claims for medical negligence, where pure comparative fault applies. Each defendant generally pays only its own percentage of fault.

A lawsuit founded on negligence (such as most car-accident and slip-and-fall injury claims) must be filed within 2 years. Claims for assault, battery, false imprisonment and other intentional torts have 4 years, as do product-related injury claims.

A claim founded on negligence has 2 years, which generally covers negligent property damage. Actions for taking, detaining or injuring personal property, and for trespass on real property, are listed with a 4-year period.