How a Clearwater Car Accident Claim Works Under Florida Law
Florida car accident claims run on two tracks: your own PIP insurance pays first, and a claim against the at-fault driver opens only if your injury is serious enough. The rules below decide whether you have a case and what it is worth.
What to Do in the First 14 Days After a Crash
- Get medical care within 14 days. Florida PIP pays nothing if your first treatment is after day 14 (§627.736(1)(a), Fla. Stat.). Go even if you feel fine. Neck and head injuries often show up later.
- Make sure a crash report is filed. Clearwater Police, the Pinellas County Sheriff’s Office, or Florida Highway Patrol will take it, depending on where the crash happened.
- Photograph everything: all vehicles, the other driver’s license, insurance card and tag, the scene, and your injuries.
- Get witness names and phone numbers before people leave the scene.
- Don’t give a recorded statement to the other driver’s insurance company before you talk to a lawyer.
- Report the crash to your own insurer so your PIP claim opens on time.
- Call Teresa at (727) 796-2706 and bring what you collected.
Florida PIP Coverage in 2026: What It Pays
Florida did not repeal no-fault insurance. As of 2026, every Florida driver must still carry Personal Injury Protection (PIP), and it pays your first medical bills no matter who caused the crash.
| PIP rule | What it means for you | Source |
|---|
| $10,000 minimum coverage | Required on every Florida-registered car | §627.736(1) |
| 80% of medical bills | You or your health insurance cover the other 20% | §627.736(1)(a) |
| 60% of lost wages | Paid from the same $10,000 | §627.736(1)(b) |
| Treatment within 14 days | Miss it and PIP pays $0 | §627.736(1)(a) |
| Emergency medical condition | Without an EMC finding by a doctor, PA, or ARNP, medical benefits cap at $2,500 | §627.736(1)(a) |
| $5,000 death benefit | Paid in addition to medical and wage benefits | §627.736(1)(c) |
When You Can Sue the At-Fault Driver
To claim pain and suffering from the driver who hit you, Florida law requires one of the following (§627.737(2)):
- Significant and permanent loss of an important bodily function
- Permanent injury within a reasonable degree of medical probability (other than scarring)
- Significant and permanent scarring or disfigurement
- Death
Insurance companies fight hardest on this point. Proving a permanent injury usually takes treating-doctor opinions, imaging, and an impairment rating, which is why the 14-day window and consistent care matter.
How Fault Affects Your Recovery
Since March 24, 2023, Florida uses modified comparative negligence. If you are more than 50% at fault, you recover nothing from the other driver. At 50% or less, your award is reduced by your share of fault (§768.81(6)).
| Your share of fault | Total damages | What you recover |
|---|
| 0% | $200,000 | $200,000 |
| 20% | $200,000 | $160,000 |
| 50% | $200,000 | $100,000 |
| 51% | $200,000 | $0 |
Illustration only. Not a case result.
Florida Car Accident Deadlines
| Claim | Deadline | Source |
|---|
| Injury lawsuit against the at-fault driver (crashes on or after March 24, 2023) | 2 years from the crash | §95.11(4)(a) |
| Wrongful death lawsuit | 2 years from the date of death | §95.11(4) |
| First medical treatment to use PIP | 14 days from the crash | §627.736(1)(a) |
Claims involving a government vehicle, such as a city bus or county truck, carry extra notice requirements under §768.28. Call early if a public vehicle was involved.
What Damages You Can Recover
| Type | Examples | Notes |
|---|
| Economic | Medical bills (past and future), lost wages, lost earning capacity, property damage | Property damage claims do not require a permanent injury |
| Non-economic | Pain and suffering, mental anguish, loss of enjoyment of life | Requires meeting the permanent-injury threshold |
| Punitive | Additional damages in drunk driving and similar cases | Governed by §768.72–768.736; no cap when the defendant was intoxicated |
Hit by a drunk driver? See our DUI victim attorney page.
How Florida’s 2023 Law Changed Medical Bill Evidence
Under §768.0427, a jury now sees what was actually paid toward your medical bills, not just the amount billed, and treatment under a letter of protection must be disclosed. How you treat and how your bills are paid affects what your claim is worth. Teresa reviews your treatment and insurance early so your damages are documented the way the statute requires.
How to Get Your Clearwater Crash Report
For the first 60 days, Florida crash reports are confidential and available only to the people involved, their lawyers, and their insurers (§316.066(2)(a)). You can request yours through the Florida Department of Highway Safety and Motor Vehicles crash portal, or from the agency that took it: Clearwater Police Department, the Pinellas County Sheriff’s Office, or Florida Highway Patrol. If you hire Teresa, her office requests it for you.
Where Clearwater Crashes Happen
Many Clearwater car accident cases come from the same corridors: US-19, Gulf-to-Bay Boulevard (SR 60) toward the beach, the Courtney Campbell Causeway, Drew Street, McMullen-Booth Road, and Cleveland Street downtown. Rear-end crashes in stop-and-go US-19 traffic, red-light crashes at Gulf-to-Bay intersections, and tourist-season beach traffic are common patterns. Crashes involving larger vehicles are covered on our truck accident, motorcycle accident, and pedestrian accident pages.
Why Work With Clearwater Car Accident Attorney Teresa P. Williams
Teresa Reviews Every Case Herself
Reviewed by Teresa P. Williams, Attorney at Law. Teresa runs a small practice on purpose: you talk to her, not a case manager, from the first call through settlement or trial. Her office is at 1822 N Belcher Road, Suite 201, in Clearwater, minutes from US-19 and Gulf-to-Bay.
A Recent Car Accident Case
Client D, a mother of twins, needed neck surgery after a crash that left only moderate damage to the cars. The insurer made low pre-suit offers, then ran extensive discovery, a compulsory medical exam, and surveillance after suit was filed. Read the full Client D car accident case.
Other results include $1.32M (car accident), $1.3M (motorcycle accident), and $1M (car accident). Past results do not guarantee a similar outcome.
What a Car Accident Lawyer Costs in Florida
Teresa works on contingency: no fee unless she recovers money for you. Florida Bar Rule 4-1.5(f)(4)(B) caps personal injury contingency fees at these maximums:
| When the case resolves | Up to $1M | $1M to $2M | Over $2M |
|---|
| Before the defendant files an answer (or demands arbitration) | 33⅓% | 30% | 20% |
| After an answer is filed, through trial | 40% | 30% | 20% |
Your fee agreement and how case costs are handled are explained in writing before you sign anything.
Car Accident FAQs
How much does a car accident lawyer charge in Florida?
Most Florida car accident lawyers charge a contingency fee capped by Florida Bar Rule 4-1.5: up to 33⅓% if the case resolves before the defendant answers a lawsuit, and up to 40% after. You pay nothing up front, and no fee if there is no recovery.
Is PIP still required in Florida in 2026?
Yes. Florida has not repealed its no-fault law. Drivers must still carry $10,000 in PIP, and you must get medical treatment within 14 days of the crash to use it.
How long do I have to file a car accident lawsuit in Florida?
For crashes on or after March 24, 2023, you have 2 years from the date of the crash to file a negligence lawsuit (§95.11(4)(a)). Evidence and witnesses fade faster than that, so call early.
What is the average car accident settlement in Florida?
There is no reliable average. Value depends on how serious the injury is, whether it meets the permanent-injury threshold, your share of fault, and the at-fault driver’s insurance limits. Teresa can estimate a range after reviewing your medical records and the policies involved.
Can I recover if I was partly at fault?
Yes, if you were 50% or less at fault. Your recovery is reduced by your percentage of fault. If you are found more than 50% at fault, you recover nothing from the other driver (§768.81(6)).
What should I not say to the insurance company?
Don’t guess about speed or fault, don’t say you are “fine,” and don’t give a recorded statement to the other driver’s insurer before talking to a lawyer. Stick to basic facts and refer them to your attorney.
What if the other driver had no insurance or fled the scene?
Your own uninsured motorist (UM) coverage can pay for your injuries after a hit-and-run or a crash with an uninsured driver. Florida does not require UM, so Teresa will check whether your policy has it, including stacked UM.
Will my car accident case go to court?
Most car accident cases settle without a trial. Teresa files suit when the insurer will not make a fair offer and prepares every case as if it will be tried.
Serving Clearwater and All of Pinellas County
Teresa represents car accident victims in Clearwater, Dunedin, Safety Harbor, Largo, Palm Harbor, Seminole, Pinellas Park, and St. Petersburg, plus Tampa, Brandon, and the rest of Hillsborough County.
Talk to a Clearwater Car Accident Attorney Today
Call Teresa P. Williams, PA at (727) 796-2706 or (888) CALL-TRE, 24 hours a day, or send a message through the form below. Your consultation is free and confidential, and you pay no fee unless we recover money for you. 1822 N Belcher Road, Suite 201, Clearwater, FL 33765.