Rear-Ended in Florida? What You Need to Know

Car accidents are stressful, but rear-end collisions are among the most common types on Florida roads. Whether it happens at a stoplight, in rush hour traffic, or on the highway, being rear-ended in Florida can leave you shaken, injured, and unsure of what to do next. Understanding the immediate steps to take, how Florida’s insurance rules apply, and what rights you may have is crucial.

This guide walks you through what happens after a rear-end accident in Florida, from documenting the crash to understanding insurance coverage, fault, deadlines, and compensation.

First Steps at the Scene

If you’ve been rear-ended, safety and documentation come first. Move vehicles to a safe area if possible and call 911 if anyone is injured. Even if injuries seem minor, emergency responders should be notified. Florida law requires drivers to report accidents involving injuries, deaths, or significant property damage.

Once everyone is safe, exchange contact and insurance details with the other driver. Collect the names and numbers of witnesses who saw the crash. Take photos and videos of everything, such as damage to both cars, skid marks, traffic signals, weather conditions, and any visible injuries.

A police report is an important piece of evidence. Florida Statutes § 316.066 requires law enforcement to file an official crash report in qualifying accidents. Officers will record details of the crash and may note who they believe is at fault. Make sure to request a copy; you can usually obtain it through the Florida Highway Safety and Motor Vehicles (FLHSMV) crash records portal.

Seek Medical Care and Document Injuries

Rear-end collisions often cause injuries that are not immediately obvious. Whiplash, concussions, and soft tissue damage may appear hours or days later. Florida’s no-fault system requires that you seek medical treatment within 14 days of the crash to qualify for Personal Injury Protection (PIP) benefits.

See a doctor promptly, even if you think you’re fine. This not only protects your health but also creates a medical record linking your injuries to the accident. Keep all hospital bills, prescriptions, physical therapy notes, and documentation of missed work. These records will be essential if you need to file a claim.

Insurance Basics in Florida: PIP, Property Damage, and UM Coverage

Florida is a no-fault state, which means your own insurance typically covers your initial medical bills after a crash. By law, drivers must carry:

$10,000 in Personal Injury Protection (PIP): Covers up to 80% of necessary medical expenses and 60% of lost wages, subject to policy limits.
$10,000 in Property Damage Liability (PDL): Pays for damage to another person’s vehicle or property. (See Florida Statutes §627.727)

You can review these requirements on the FLHSMV insurance requirements page.

PIP applies regardless of who caused the accident. However, serious injuries that meet the state’s injury threshold, such as permanent disability or significant scarring, may allow you to step outside the no-fault system and pursue a claim against the at-fault driver.

Uninsured/underinsured motorist (UM/UIM) coverage, while optional, can be critical. If the at-fault driver doesn’t have enough insurance to cover your losses, UM can help fill the gap.

Fault and Comparative Negligence in Florida

In many rear-end accidents, the trailing driver is presumed to be at fault because they are expected to maintain a safe following distance. But this is not always absolute. Situations where the front driver makes a sudden, unsafe stop, or when brake lights are not working, can complicate the fault.

Florida follows a modified comparative negligence rule. As of 2023, an injured person can only recover damages if they are 50% or less at fault for the accident. If you are partially responsible, your compensation will be reduced by your percentage of fault.

For example, if you were found 20% responsible for the crash, your recovery would be reduced by 20%. You can read the statute directly in Florida Statutes §768.81 – Comparative Fault.

This rule makes documenting the scene and gathering strong evidence even more important.

Deadlines: Statute of Limitations and Timing

Florida law imposes strict time limits on filing lawsuits after a rear-end accident:

Personal injury claims: Must generally be filed within 2 years of the crash.
Wrongful death claims: Also carry a 2-year deadline.
Property damage claims: Typically must be filed within 4 years.

Failing to file within the statute of limitations means you lose the right to pursue compensation in court. You can verify these deadlines in Florida Statutes §95.11 – Limitations of Actions.

Beyond lawsuits, there are shorter deadlines to be aware of: insurers may require prompt notification, and as mentioned earlier, you must seek medical care within 14 days to qualify for PIP benefits.

How Damages Are Calculated and What You Can Recover

Damages after a rear-end collision fall into two main categories:

Economic damages: Tangible losses such as hospital bills, rehabilitation costs, lost income, and vehicle repairs.
Non-economic damages: Intangible losses like pain and suffering, mental anguish, or loss of quality of life.

If the crash causes a fatality, surviving family members may bring a wrongful death claim, which allows recovery for funeral expenses, lost financial support, and emotional damages.

The exact amount you can recover depends on the severity of your injuries, the available insurance coverage, and whether you share any responsibility for the crash, as outlined in Florida Statutes §768.81 – Comparative Fault.

When to Consider Hiring an Attorney

While minor fender-benders may be resolved through insurance, more serious cases often require legal guidance. Consider consulting an attorney if:

You suffered significant injuries or permanent disability.
Your medical bills exceed your PIP coverage.
The other driver’s insurer disputes liability.
You’re accused of partial fault.
You need to file a wrongful death claim.

An attorney can help gather evidence, negotiate with insurance companies, and represent you in court if needed. Even if you don’t hire one immediately, understanding when legal help might be necessary can save you from costly mistakes.

Practical Tips to Strengthen Your Claim

Keep all receipts for medical care, car repairs, and related expenses.
Follow all the doctor’s orders and attend every appointment.
Maintain a pain journal noting symptoms, treatments, and how injuries affect daily life.
Preserve your damaged vehicle until the insurance inspection is complete.
Be cautious on social media — insurers may use posts against you.
Save copies of accident reports, witness statements, and communication with insurers.

Closing Thoughts

Rear-end accidents are common, but navigating the aftermath in Florida can be complex. From the first moments after the crash to the deadlines for filing claims, every step matters.

Always prioritize your safety and health first, then carefully document the crash and follow through with medical treatment. Understanding how Florida PIP coverage works, how fault is determined, and what compensation you may be entitled to will help you make informed decisions.

For complex cases or serious injuries, consulting a licensed Florida attorney can help protect your rights. While Spirit One provides general information only, this guide gives you the foundation you need to understand what comes next after being rear-ended in Florida.