What to Do After a Car Accident in Florida

By Serge Hovhanessian, Esq. · Updated June 2026 · 10 min read

Key Takeaways

  • Stop and call 911 — leaving the scene of a crash with injury or property damage is a crime in Florida
  • Florida's 14-day rule requires medical care within 14 days to preserve your $10,000 PIP benefits
  • Photograph vehicle positions, damage, plates, and the other driver's license and insurance before anyone leaves
  • Never admit fault and never give a recorded statement to the at-fault driver's insurer
  • Nearby surveillance footage is often overwritten within days — call an attorney early

The First Few Days Decide the Case

A Florida car accident sets two clocks running at once: a legal clock and a medical clock. What you do in the minutes at the scene, the first 14 days for medical care, and the first weeks of evidence preservation shapes your claim more than anything that happens later. This guide walks through the actions in order, with the Florida-specific legal reason behind each one.

Orlando is one of the busiest crash environments in the country — Orange County averages roughly 68 reported crashes a day, and I-4 is consistently ranked among the deadliest highways in America. The steps below apply whether your crash was a fender-bender on Colonial Drive or a serious wreck on I-4.

Minutes 0 to 30 — At the Scene

Stop and Check for Injuries

Florida law (FL § 316.027 and § 316.061) requires every driver to stop at a crash. Leaving the scene of an accident involving injury or property damage is a criminal offense. Check yourself, your passengers, and other involved people for injuries before anything else.

Call 911 — Even for a Moderate Crash

911 dispatches EMS and law enforcement (Orlando PD, Orange County Sheriff, or FHP on the interstates). Florida requires a report for any crash involving injury, death, or property damage of $500 or more — which is nearly every collision. The crash report becomes the backbone of your insurance claim.

Move to Safety If You Can

If the vehicles are drivable and it is safe, move them out of live travel lanes — especially on I-4, the 408, and other high-speed corridors where secondary crashes are common. Turn on hazard lights. If a vehicle cannot be moved, stay clear of traffic while you wait.

Do Not Admit Fault

Be polite, but do not apologize or speculate about what happened. A casual “I'm so sorry” can be repeated later as an admission. Give the officer factual information only — where you were, what you saw — and nothing about who was “to blame.”

Document Everything You Can

If your injuries permit, your phone is the most powerful evidence tool at the scene. Photograph and exchange the following before anyone drives away:

  • Vehicle positions — before they are moved, from several angles, showing the relationship between the cars.
  • Damage to every vehicle — wide shots and close-ups of impact points.
  • The other driver's information — driver's license, insurance card, license plate, and the make/model of their vehicle.
  • The scene — skid marks, debris fields, traffic signals and signs, lane markings, and road and weather conditions.
  • Witnesses — names and phone numbers of anyone who stopped. Witnesses disperse within minutes and are nearly impossible to find later.
  • Nearby cameras — note gas stations, stores, ATMs, and intersections that may have captured the crash. This footage is often overwritten within 7–30 days.

The 14-Day Rule — Get Medical Care Fast

Florida is a no-fault auto insurance state. Every driver carries at least $10,000 in Personal Injury Protection (PIP), which pays your own medical bills and lost wages regardless of who caused the crash. But there is one rule that governs the entire system.

Florida Statute § 627.736 — the 14-Day Rule. You must obtain initial medical care within 14 days of the accident to be eligible for PIP benefits. Miss that window and you forfeit the benefits entirely. The clock starts the day of the crash and runs continuously — no weekends excluded.

Adrenaline masks pain for hours or days. Whiplash, concussions, and soft-tissue injuries often surface 24–72 hours later. Get evaluated the same day or the next morning, tell the provider you were in a crash, and follow up. Whether the provider documents an “emergency medical condition” determines whether you can access the full $10,000 or are capped at $2,500 — we explain that in our guide to Florida no-fault and PIP insurance.

Notify Your Insurer — Carefully

Florida law and your own policy require you to report the crash to your insurer and cooperate with PIP and uninsured-motorist claims. Notify them promptly with the basic facts — date, time, location, vehicles, that you were injured — and take down the claim number and adjuster's details.

The at-fault driver's insurer is a different matter. When they call — and they will, often within a day or two — you have no obligation to give them a recorded statement. They sound friendly, but their job is to reduce or deny your claim. Decline politely and refer them to your attorney once you are represented.

What Not to Do

  • Don't admit fault at the scene or to any insurer. Fault is a legal conclusion, not something you concede in the moment.
  • Don't give a recorded statement to the other driver's carrier without your attorney.
  • Don't accept a fast settlement. Early offers are designed to close your claim before your injuries are fully known. Florida does not require you to settle quickly.
  • Don't sign a broad medical authorization — it lets the insurer fish through unrelated medical history to argue your injuries pre-existed the crash.
  • Don't post on social media. A photo of you smiling at a barbecue becomes “proof” you weren't hurt.

The Statute of Limitations — Why Speed Matters

Florida Statute § 95.11 gives you 2 years from the date of the crash to file a personal injury lawsuit (reduced from 4 years by HB 837 in 2023, for crashes on or after March 24, 2023). For a fatal crash, the 2-year clock for wrongful death runs from the date of death.

Two years sounds like a lot, but the meaningful work — preserving footage, documenting treatment, building a demand — has to happen far earlier. If fault is disputed or you are being blamed, see how fault is determined in a Florida car accident, and consider whether you need a lawyer for your car accident.

After a Car Accident in Florida — FAQ

What is the first thing I should do after a car accident in Florida?

Stop, check yourself and your passengers for injuries, and call 911. Florida Statute § 316.027 and § 316.061 make it a crime to leave the scene of a crash involving injury or property damage. If anyone is hurt — or you are unsure — request EMS. The 911 call also creates a timestamped record and triggers the official Florida Traffic Crash Report, which is the foundation of any later claim.

Do I have to call the police after a car accident in Florida?

Yes, in most cases. Florida law requires that a crash be reported to law enforcement when it involves injury, death, or apparent property damage of at least $500 — a threshold almost any modern collision exceeds. The responding officer (Orlando PD, Orange County Sheriff, or FHP on the interstates) produces the Florida Traffic Crash Report, which records the parties, insurance, witness information, and the officer's narrative. You can later purchase a copy through the FLHSMV Crash Portal.

What is the Florida 14-day rule and why does it matter after a car accident?

Florida is a no-fault state. Under FL § 627.736, you must obtain initial medical care within 14 days of the crash to preserve your Personal Injury Protection (PIP) benefits — up to $10,000 in medical and lost-wage coverage that pays regardless of fault. Miss the 14-day window and you forfeit those benefits entirely, even if you turn out to be seriously injured. The safest course is to be evaluated the same day or the next morning. See our full guide to Florida no-fault and PIP for the details.

Should I give a recorded statement to the other driver's insurance company?

No — not without speaking to your own attorney first. The at-fault driver's insurer exists to minimize what it pays. Recorded statements taken in the first days are routinely used to lock you into details that later prove wrong, to extract admissions of partial fault (which directly reduce your recovery under Florida's 51% comparative-negligence bar), or to argue your injuries were pre-existing. You are not obligated to give the other driver's carrier a recorded statement.

What evidence should I collect at the scene of an Orlando car accident?

If you are physically able and it is safe, photograph all vehicles and their positions before they are moved, the damage from every angle, license plates, the other driver's insurance card and driver's license, skid marks, debris, traffic signals and signs, road and weather conditions, and any visible injuries. Get names and phone numbers of every witness who stopped. Note nearby businesses — gas stations, stores, and intersections often have cameras that capture the crash but overwrite footage within days.

What should I NOT do after a car accident in Florida?

Do not admit fault or apologize at the scene, do not give a recorded statement to the other driver's insurer, do not accept a fast settlement before you know the full extent of your injuries, do not sign a broad medical authorization, and do not post about the crash on social media. Insurers monitor social media and use photos of you "looking fine" to dispute injury claims.

When should I call a car accident lawyer after an Orlando crash?

As early as possible — ideally before you give any recorded statement and before you sign anything. Early steps like preserving nearby surveillance footage, locking in witness statements, and documenting injuries shape the case more than anything that follows. HOV Law offers free, confidential consultations from our office at 135 W Central Blvd in downtown Orlando, by video, or by phone. There is no fee unless we recover for you.

Just Been in an Orlando Car Accident?

The first days shape the case more than anything that follows. HOV Law's office at 135 W Central Blvd in downtown Orlando is minutes from the I-4 corridor. Call us before you talk to the other driver's insurer.

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