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    • Workers’ Compensation
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  5. When can you sue after a car accident in Florida?

When can you sue after a car accident in Florida?

On Behalf of Wieland & DeLattre, P.A. | Mar 16, 2026 | Car Accident In Florida |

Car accidents can cause injuries, medical bills and many questions. Florida uses a no-fault insurance system. This means not every crash leads to a lawsuit. In many cases, drivers must first rely on their own insurance. However, the law allows lawsuits in certain situations. Understanding the rules for 2026 can help people know their options.

How Florida’s no-fault insurance system works

Florida currently requires drivers to carry Personal Injury Protection (PIP) insurance. After a crash, a driver’s own PIP coverage usually pays first. This applies no matter who caused the accident. The system aims to help injured drivers receive financial help quickly without going to court.

However, drivers must follow these strict rules to receive these benefits:

  • The 14-day rule: A person must seek medical care within 14 days of the crash. If they miss this deadline, they may lose their PIP benefits.
  • Payment limits: PIP usually pays 80% of medical bills and 60% of lost wages.
  • The $2,500 cap: A person only receives the full $10,000 limit if a doctor diagnoses an Emergency Medical Condition. Otherwise, the policy caps coverage at $2,500.

Important note: Florida law may change in the near future. The state has scheduled the end of the PIP system. It plans to move to a fault-based system instead. Under that system, drivers would need bodily injury liability insurance.

When a lawsuit is possible

Florida law allows lawsuits when injuries meet the state’s serious injury threshold. This usually means the crash caused:

  • Permanent injury or loss of a body function
  • Significant scarring or disfigurement
  • Death

When injuries reach this level, a person may pursue compensation from the at-fault driver. This can include medical costs, lost income and other damages not covered by insurance.

Why you must act quickly

The law limits the time someone has to file a lawsuit. Florida recently reduced the statute of limitations for personal injury cases from four years to two years. If someone waits too long, they may lose the right to file a case.

Speaking with an attorney can help clarify how these rules apply to a specific situation. Legal guidance may also help someone meet important deadlines while focusing on recovery.

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