Results shown in the ticker above include recoveries achieved by our Florida office. Past results do not guarantee future outcomes.

How can a Miami car accident lawyer help after a crash?

A Miami car accident lawyer protects the two things insurers push hardest against after a crash: your deadlines and the value of your claim. That means preserving your PIP benefits, identifying every policy that may pay, proving who caused the collision, documenting your injuries, and negotiating with the insurers or taking the case to court when a fair offer does not come.

Car crashes happen every day on Miami-Dade roads, from the Palmetto Expressway and I-95 to surface streets in Coral Gables, Kendall and Hialeah. Florida’s rules for these claims are different from most states. The state uses a no-fault insurance system, sets a specific injury threshold before you can sue for pain and suffering, and since 2023 has used a shorter filing deadline and a stricter comparative-fault rule. For the bigger picture, our attorneys explain how Florida’s car accident laws work in plain English.

Jimenez Mazzitelli Mordes is a bilingual (English/Spanish) litigation firm serving clients in Florida, Texas & New York, with its headquarters in Miami. We represent drivers, passengers, pedestrians, cyclists and families after auto accidents, and we handle the claim from the first call through settlement or trial.

What should I do after a car accident in Miami?

Get to safety, call 911, get medical care within 14 days, and document everything before evidence disappears. Those first steps protect both your health and your claim. Florida law requires the driver in a crash that causes injury, death, or at least $2,000 in apparent property damage to notify police immediately by the quickest available means.

  1. Check for injuries and call 911. Ask for police to come to the scene so an officer can prepare a crash report.
  2. Photograph the scene. Capture all vehicles, license plates, damage, skid marks, traffic signals, road conditions and your visible injuries.
  3. Exchange information. Get each driver’s name, phone number, license, insurer and policy number, and the names and numbers of witnesses.
  4. Get medical care within 14 days. Florida PIP medical benefits depend on it. Go to an emergency room, urgent care or your doctor even if you feel “fine” — some injuries show up days later.
  5. Report the crash to your own insurer, but keep it factual. Do not guess about fault or your injuries.
  6. Be careful with the other driver’s insurer. You are not required to give them a recorded statement, and anything you say can be used to reduce your claim.
  7. Keep every record. Medical bills, receipts, pay stubs, repair estimates and a short daily note about pain and missed activities all help prove damages.
  8. Talk to a lawyer before you sign anything. A release or a quick check can end your injury claim for good.

Our full step-by-step guide to what to do after a car accident in Miami covers each of these in detail, and we also walk you through how to get a crash report in a Miami personal injury case.

How does Florida PIP and the 14-day rule affect my car accident claim?

Your own Personal Injury Protection (PIP) coverage pays first, no matter who caused the crash, but only if you receive initial medical services within 14 days. PIP covers 80% of reasonable, medically necessary medical expenses and 60% of lost gross income, up to a combined $10,000, plus a separate $5,000 death benefit.

There are two details that catch people off guard. First, the full $10,000 in medical benefits is available only if a qualified provider (such as a physician, dentist, physician assistant or advanced practice registered nurse) determines you had an emergency medical condition. Without that determination, medical benefits are limited to $2,500. Second, missing the 14-day window can mean no PIP medical benefits at all. We explain the rule in more depth in what Florida’s 14-day rule means for PIP claims.

PIP also covers more people than most drivers realize: you, relatives living in your household, passengers in your car, and pedestrians struck by the vehicle. It does not pay for pain and suffering. That part of your losses has to come from a claim against the at-fault driver or from your own uninsured motorist coverage.

We handle your property damage and PIP claim, too

You shouldn’t have to fight the insurance company just to get your car repaired or your first medical bills paid. Many people think they only need a lawyer for a serious injury, but the property-damage claim and the PIP claim are exactly where insurers tend to delay, underpay or deny. We handle all of it:

  • Property damage: we deal with the adjuster, push for a proper repair or a fair total-loss value, and pursue rental and diminished-value claims where they apply.
  • PIP / no-fault: we make sure the 14-day deadline, the paperwork and the billing are handled correctly so the benefit is not lost.
  • Injury claim: if your injuries go beyond what PIP covers, we pursue the at-fault driver’s insurance and any other available coverage for the rest.

The consultation is free and there is no fee unless we recover money for you. Hablamos español.

When can I sue the at-fault driver in Florida?

You can sue the at-fault driver for pain and suffering in Florida only if your injury meets the state’s serious-injury threshold: a significant and permanent loss of an important bodily function; a permanent injury within a reasonable degree of medical probability (other than scarring); significant and permanent scarring or disfigurement; or death.

Meeting the threshold is a medical and legal question, and it is often where insurers fight hardest. Proving permanency usually requires a treating physician’s opinion supported by imaging and a documented course of treatment, which is one more reason the first weeks of care matter. We break the standard down in Florida’s serious injury threshold for car accident lawsuits, and we explain the practical difference between a claim and a car accident lawsuit in a separate guide.

Even when you clear the threshold, the at-fault driver may have little or no coverage to pay you. Most drivers are surprised to learn that Florida does not require bodily injury liability coverage. The state’s mandatory minimums are $10,000 in PIP and $10,000 in property damage liability, which is why the at-fault driver’s policy is often not where your recovery comes from.

Which insurance pays for what after a Florida car accident?

After a Florida crash, up to four different coverages can come into play: your PIP, the other driver’s bodily injury liability, your uninsured/underinsured motorist coverage, and property damage coverage. Each has its own rules, and a claim that relies on only one of them often leaves money on the table.

PIP vs. bodily injury claim vs. uninsured motorist claim
PIP (no-fault)Bodily injury liability claimUninsured / underinsured motorist (UM) claim
Whose policy paysYour own policy (or the policy covering the car you were in)The at-fault driver’s insurerYour own policy
Is fault required?NoYes, you must prove the other driver was negligentYes, the uninsured or underinsured driver must be at fault
What it covers80% of medical bills and 60% of lost income, up to $10,000 combined ($2,500 medical cap without an emergency medical condition); $5,000 death benefitMedical bills, lost income, and pain and suffering (if the injury meets the threshold), up to the policy limitLosses the at-fault driver’s coverage cannot pay, up to your UM limit
Is it required in Florida?Yes, for registered vehiclesNo, not for most driversMust be offered with bodily injury coverage; can be rejected only in writing
Key trapInitial care must happen within 14 daysThe at-fault driver may carry no BI coverage at allMany people rejected UM years ago and do not know it

Uninsured motorist coverage is often the most valuable policy in a serious Miami crash because it follows you, not your car, and it steps in when the at-fault driver has no insurance or not enough. Read more in what uninsured motorist coverage is in Florida. Property damage is a separate claim with its own rules, and your injury claim and your vehicle claim do not share a clock — the separate deadline that applies to property damage is set by its own statute.

Who can be held responsible for a car accident in Miami?

The driver who caused the crash is the starting point, but not always the only responsible party. Depending on the facts, a vehicle owner, an employer, a rideshare company’s insurer, or a government entity may also share responsibility or provide coverage.

  • Vehicle owners. Under Florida’s dangerous instrumentality doctrine, an owner who lets someone else drive can be held responsible for that driver’s negligence. Florida law limits the liability of a natural person who lends a car ($100,000 per person and $300,000 per incident for bodily injury, with additional economic-damages exposure if the driver is uninsured or underinsured).
  • Employers. If the at-fault driver was working at the time, the employer and its commercial policy may be responsible.
  • Rideshare drivers (Uber, Lyft). Florida requires at least $1 million in liability coverage while a rideshare driver is on a prearranged ride, and lower limits ($50,000 per person / $100,000 per incident / $25,000 property damage) while the driver is logged in and waiting for a request. See our Uber and Lyft accident claims guide.
  • Rental cars. A federal law (the Graves Amendment) generally protects rental companies from liability for a renter’s driving unless the company itself was negligent, so these claims usually run through the driver’s own coverage and your UM coverage.
  • Commercial vehicles. Delivery vans, box trucks and tractor-trailers bring federal safety rules and much larger policies. If a commercial truck was involved, see our Miami truck accident lawyer page.
  • Government entities. A dangerous road design, a broken signal or a public vehicle can shift part of the responsibility to a city, county or state agency. Those claims have special written-notice requirements, so they need attention early.

Our practice reaches beyond downtown Miami into the surrounding communities, including car accidents in Hialeah, where dense surface streets and the Palmetto Expressway drive a steady stream of collisions. If you were hit while walking or riding, we also explain your rights after a pedestrian and bicycle crash in South Miami-Dade — you may have a claim even though you were not behind the wheel. North of downtown, we break down the dangerous roads in North Miami that keep producing collisions, and what to do after a rear-end crash near the Golden Glades.

How is fault decided under Florida’s modified comparative negligence rule?

Florida now uses modified comparative negligence: your compensation is reduced by your percentage of fault, and if you are found more than 50% at fault for your own injuries, you recover nothing. The rule came from the 2023 tort-reform law (HB 837) and replaced the old pure comparative system for most negligence cases.

Here is how it works in practice. If a jury values your damages at $100,000 and finds you 20% at fault for changing lanes without signaling, you recover $80,000. If the jury finds you 51% at fault, you recover nothing. That one percentage point is why insurers work so hard to shift blame, often by using your own words from a recorded statement. Evidence such as dash-cam or traffic-camera video, event data from the vehicles, witness statements and the physical damage pattern is how fault gets proven. Learn more about how Florida’s modified comparative negligence law affects your case.

What compensation can I recover after a car accident in Florida?

Depending on your injuries and the available coverage, you may be able to recover your medical expenses, lost income and earning capacity, and, if you meet the injury threshold, compensation for pain, suffering, mental anguish and loss of enjoyment of life. Property damage is recovered through its own claim.

  • Emergency care, hospital stays, surgery, therapy and future medical needs
  • Lost wages and reduced ability to earn in the future
  • Pain and suffering, mental anguish and inconvenience
  • Scarring, disfigurement and permanent impairment
  • Vehicle repair or replacement, rental and diminished value
  • For families who lost someone, wrongful death damages under Florida’s Wrongful Death Act

No honest lawyer can tell you what your case is worth on the first call. Value depends on the severity and permanence of the injuries, the medical evidence, how fault is divided, and how much insurance is actually available. Pain that does not resolve is one of the harder things to put a number on, and it is worth understanding how Florida juries handle chronic pain before you accept any offer.

How long do I have to file a car accident claim in Florida?

For car accidents after March 24, 2023, you generally have two years from the date of the crash to file a negligence lawsuit in Florida. Wrongful death claims also carry a two-year limit, counted from the date of death. Crashes before that date were generally governed by the former four-year negligence deadline.

Key Florida car accident deadlines
DeadlineTime limitWhat happens if you miss it
Initial medical care for PIPWithin 14 days of the crashPIP medical benefits can be denied
Report an injury crash to policeImmediately, by the quickest meansA noncriminal traffic infraction, and a weaker record of what happened
Negligence lawsuit (crash after March 24, 2023)2 years from the crashThe claim is usually barred for good
Wrongful death lawsuit2 years from the date of deathThe family’s claim is usually barred
Claims against your own insurer (PIP, UM) and property damageSeparate deadlines and policy notice rules applyCoverage can be lost; confirm your deadlines early

Two years sounds like a long time, but a lawsuit is the last step, not the first. Investigation, treatment, and negotiation all have to happen before that date, and some evidence, such as surveillance video, is overwritten within days or weeks. Special rules can shorten or extend these periods, so confirm your specific deadline with a lawyer.

How does Jimenez Mazzitelli Mordes handle a car accident case?

We prepare every car accident case as though it may go to trial. Here is what that looks like, in English or Spanish:

  1. Free consultation. We listen, review your documents, and tell you honestly whether and how we can help.
  2. Protect your benefits. We put insurers on notice, deal with the PIP carrier, and keep the 14-day and filing deadlines on track.
  3. Investigate. We gather the crash report, photos, video, witness statements and vehicle data, and work with accident reconstruction engineers when fault is disputed.
  4. Find every policy. We identify the at-fault driver’s coverage, any owner or employer coverage, and your own UM coverage.
  5. Document your damages. We collect medical records and bills, wage losses and the opinions needed to prove permanency.
  6. Negotiate, then litigate if needed. We present a documented demand. If the insurer will not pay fair value, we file suit and prepare the case for trial.

Car accident claims are one part of our broader Miami personal injury practice, which also covers truck crashes, motorcycle accidents, premises liability, medical malpractice and wrongful death.

What does a Miami car accident lawyer cost?

We handle car accident cases on a contingency fee: you pay no attorney’s fee up front, and we are paid only if we recover money for you. The consultation is free. Your fee percentage and how case costs are handled are written into your agreement before any work begins.

The Florida Bar regulates personal injury contingency fees. Its standard schedule presumes a fee is excessive if it exceeds 33⅓% of a recovery up to $1 million before an answer is filed, or 40% after an answer is filed through judgment, with lower percentages on amounts above $1 million. Florida also requires that you receive a Statement of Client’s Rights before signing, and you can cancel the contract in writing within three business days. Case costs, such as medical records, court filing fees and fees for reconstruction or medical witnesses, are separate from the fee, and your agreement explains how they are handled. No lawyer can guarantee a result, and we will not.

Car accident questions and answers

Is it worth getting an attorney for a car accident in Florida?

It often is when you were hurt, missed work, or face medical bills beyond PIP. Florida’s 14-day PIP rule, the serious-injury threshold, the 51% fault bar and the two-year deadline are easy to trip over. A lawyer also finds coverage you may not know exists, such as UM. For a minor, property-only crash, you may not need one.

How much does a car accident lawyer in Miami cost?

We work on a contingency fee, so you pay no attorney’s fee unless money is recovered. Florida Bar rules presume a fee is excessive above 33⅓% of a recovery up to $1 million before an answer is filed, or 40% after, with lower rates above $1 million. Costs are separate and explained in writing.

Do I have to see a doctor within 14 days after a car accident in Florida?

Yes, if you want PIP to pay your medical bills. Florida PIP medical benefits require initial services and care within 14 days of the crash. The full $10,000 is available only if a qualified provider finds an emergency medical condition; otherwise medical benefits are capped at $2,500. Go even if you feel fine.

Can I still recover money if I was partly at fault for the crash?

Yes, as long as you are not more than 50% at fault. Under Florida’s modified comparative negligence rule, your compensation is reduced by your share of fault. If you are 30% at fault, you recover 70% of your damages. If a jury finds you more than 50% at fault, you recover nothing.

What if the driver who hit me has no insurance?

Your own PIP still pays first. Beyond that, your uninsured motorist coverage can pay for losses the at-fault driver cannot, including pain and suffering if your injury meets the threshold. Florida insurers must offer UM with bodily injury coverage, and it can be rejected only in writing, so check your declarations page.

How long do I have to file a car accident lawsuit in Florida?

For crashes after March 24, 2023, Florida generally allows two years from the date of the crash to file a negligence lawsuit. Wrongful death claims must be filed within two years of the death. Older crashes generally fell under the former four-year rule. Claims against your own insurer follow separate deadlines, so confirm yours early.

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

You are not required to, and it is usually wise to speak with a lawyer first. The other driver’s insurer uses recorded statements to look for anything that shifts fault to you or downplays your injuries. Under Florida’s 51% bar, a few careless words can reduce or eliminate your recovery. Your own policy may require cooperation with your insurer.

What is my car accident case worth?

It depends on your medical expenses, lost income, whether your injury is permanent, how fault is divided, and how much insurance is available. Settlement averages you see online do not reflect your facts. A lawyer can estimate a realistic range only after reviewing your medical records, the crash evidence and every applicable policy.

Talk to a Miami car accident lawyer today

If you or someone in your family was hurt in a car accident, the sooner we review your case, the more evidence and options we can protect. The consultation is free, and you pay no fee unless we recover money for you. We are open 24 hours.

Call (305) 548-8750 to speak with a Miami car accident lawyer at Jimenez Mazzitelli Mordes, or reach out through our Miami Law Firm Contact Page and tell us what happened. Hablamos español.

This page provides general information about Florida law and is not legal advice. Reading it does not create an attorney-client relationship.