Car Strikes Winter Haven Daycare After Collision With Bus: Florida Law When Children Are Hurt Off the Road
Winter Haven, Fla. · Published · By HOV Law
Five children were taken to a hospital Monday, November 2, after a car left Havendale Boulevard in Winter Haven and went into the front of a daycare, according to the Winter Haven Police Department. Police say the car had collided with a Citrus Connection bus moments before. Nobody in this situation was in a car of their own, which is exactly why the usual rules about who pays for a crash injury can be confusing for parents.
What Police Have Said So Far
The crash happened late Monday morning in the 1500 block of Havendale Boulevard. A car and a Citrus Connection bus collided, and the car then left the road and struck the front of the daycare building, police told News 6 (opens in a new tab), WFLA (opens in a new tab) and WWSB (opens in a new tab).
Police said everyone inside the building was accounted for. Five children were taken to a hospital to be checked, with injuries described as possible minor or non-life-threatening, and the car's driver was hospitalized with non-life-threatening injuries. Police had not said whether anyone aboard the bus was hurt.
As of publication, the cause was still under investigation and no charges had been announced. Nothing in this post suggests which driver, if either, was at fault.
Who Pays a Child's Medical Bills First
Florida's no-fault system usually starts with the injured person's own household policy, even when that person was not in a car. Under § 627.736(4)(e) (opens in a new tab), the owner's insurer pays PIP for the owner and for relatives living in the same household who are hurt while not an occupant of a self-propelled vehicle, when the injury is caused by physical contact with a motor vehicle. For most children, that means a parent's auto policy.
If no one in the child's household owns a Florida-insured vehicle, the same subsection points to the insurer of the vehicle involved, for Florida residents who were not in a vehicle. The physical-contact wording is worth noticing: when an injury happens inside a building, how it was caused can become a coverage question, and it is worth asking the insurer directly how it is treating the claim.
Timing matters even for children who seem fine. PIP medical benefits require initial care within 14 days of the crash, under § 627.736(1)(a). The 14-day deadline checker counts the days, and the Florida PIP guide explains the order in which policies pay.
When a Public Bus Is Part of the Crash
Citrus Connection is the public bus system run by the Lakeland Area Mass Transit District. A bus being involved in a collision says nothing about fault. But for anyone who ends up with a claim against a government agency or subdivision, including bus passengers, Florida applies a separate set of rules in § 768.28 (opens in a new tab):
- Limits on recovery. Subsection (5)(a) caps payment at $200,000 to any one person and $300,000 for all claims from the same incident. Amounts above that can be paid only by a further act of the Legislature.
- Written notice first. Under subsection (6)(a), a lawsuit cannot be brought unless the claim is first presented in writing to the agency, and in most cases to the Department of Financial Services, within 3 years after it accrues.
- A separate filing deadline. Subsection (14) requires the lawsuit to be filed within 4 years.
Our guide to Florida sovereign immunity caps in 2026 explains why those limits did not change this year.
How Children's Claims Are Handled Differently
A child's injury claim belongs to the child, but parents act for them. Under § 744.301(2) (opens in a new tab), parents as natural guardians may settle a claim accruing to their minor child without a court appointment or bond when the amounts received in the aggregate do not exceed $15,000. Above that figure, the shortcut no longer applies, and Florida's guardianship procedures govern how a settlement is approved and how the money is protected.
When two vehicles are involved, fault can also be split. Florida courts enter judgment against each liable party based on that party's own percentage of fault, under § 768.81(3) (opens in a new tab), so each driver and each insurer may need to be looked at separately. The comparative negligence guide covers how those percentages work.
The general deadline for a negligence claim is two years under § 95.11(5)(a) (opens in a new tab). The statute of limitations calculator gives a date for a specific crash.
If Your Child Is Hurt When a Vehicle Hits a Building
- Have the child evaluated promptly, even for what looks minor, and keep the discharge papers. Bruising, glass cuts and head bumps can look different a day later.
- Ask the school or daycare for a copy of its incident report and any notes on where your child was in the room.
- Get the police report number. Crash reports list each vehicle and its insurer.
- Notify your own auto insurer about the PIP claim, even though your car was not involved.
- Keep receipts for follow-up visits, counseling, and time missed from work to care for your child.
Our guide on what to do after a car accident in Florida covers the insurance steps in more detail.
Questions Parents Ask After a Crash Like This
Does Florida PIP cover a child who was hit by a car while inside a building?
It can. Under Fla. Stat. § 627.736(4)(e), the owner's insurer pays PIP for the owner and for relatives residing in the same household when they are injured while not an occupant of a self-propelled vehicle, if the injury is caused by physical contact with a motor vehicle. A child whose parent owns a Florida-insured vehicle usually looks to that parent's policy first. Whether a particular injury meets the physical-contact wording depends on how it happened.
Do children have to see a doctor within 14 days for PIP to pay?
Yes, the same rule applies to everyone. PIP medical benefits under § 627.736(1)(a) depend on the person receiving initial services and care within 14 days after the motor vehicle accident. An evaluation in an emergency room the same day counts as initial care.
What changes when a public transit bus is involved in a crash?
If a claim is made against a government agency or subdivision, Fla. Stat. § 768.28 applies. Recovery is limited to $200,000 per person and $300,000 per incident unless the Legislature acts, the claim must first be presented in writing within 3 years, and a lawsuit must be filed within 4 years. Whether any claim involves the agency at all depends on the investigation; it does not follow from the bus being there.
Can parents settle a child's injury claim on their own in Florida?
For smaller claims, yes. Under § 744.301(2), parents as natural guardians may settle a claim belonging to their minor child without a court appointment or bond if the amounts received in the aggregate do not exceed $15,000. Above that amount, that shortcut does not apply and Florida's guardianship procedures come into play.
How long is the deadline for a Florida injury claim after a crash like this?
Two years for an action founded on negligence, under § 95.11(5)(a). Claims against a government agency follow the separate notice and filing clocks in § 768.28.
Sources
- News 6 / ClickOrlando — Car crashes into Winter Haven daycare, 5 children taken to the hospital (opens in a new tab)
- WFLA (via Yahoo News) — 5 children hospitalized after sedan crashes into Winter Haven daycare (opens in a new tab)
- WWSB ABC7 — Car crashes into Winter Haven daycare after collision with Citrus Connection bus (opens in a new tab)
- Fla. Stat. § 627.736 (2026) — Required personal injury protection benefits (opens in a new tab)
- Fla. Stat. § 768.28 (2026) — Waiver of sovereign immunity in tort actions (opens in a new tab)
- Fla. Stat. § 744.301 (2026) — Natural guardians (opens in a new tab)
- Fla. Stat. § 768.81 (2026) — Comparative fault (opens in a new tab)
- Fla. Stat. § 95.11 (2026) — Limitations other than for real property (opens in a new tab)
This post summarizes news reports and is general information about Florida law, not legal advice. Reading it does not create an attorney-client relationship. HOV Law does not represent anyone involved in this crash, and nothing here is a statement about fault or liability.
Questions After a Crash Injury?
If you've been hurt in a similar incident in Central Florida, speak with a Florida personal injury lawyer about your options. Consultations are free.