Florida's no-fault insurance system has short deadlines and rules that surprise most drivers. What you do in the first two weeks can affect your medical coverage and the value of your claim. McNamara Law helps people injured in crashes across Central Florida get the treatment and compensation they need.
Go to the ER, urgent care, or a doctor promptly, and within 14 days at the latest to preserve PIP benefits. Some injuries don't show symptoms right away.
Call law enforcement, get the report number, and photograph the vehicles, scene, and injuries. Collect witness contact information.
Report the accident to your own insurance company promptly. Your PIP and possibly UM coverage come from your own policy.
Don't give a recorded statement to the other driver's insurer, and don't sign releases or accept a quick check before getting advice.
We identify every source of coverage, manage the claims, and protect your right to full compensation.
Adrenaline can mask pain for hours or days after a crash. Neck and back injuries, concussions, and internal injuries are often missed when people "walk it off."
Under Florida's PIP law, you generally must receive initial medical services within 14 days of the accident for your PIP benefits to apply. And the full $10,000 in PIP medical benefits is generally available only if a qualified provider determines you had an emergency medical condition; otherwise, PIP medical benefits may be limited to $2,500.
A single Florida car accident can involve several different insurance claims, often with different companies, each with its own rules, deadlines, and adjusters. Knowing which coverage applies, and in what order, is critical to getting fully compensated.
Insurance adjusters, including those from your own company, are trained to resolve claims for as little as possible. We handle the communication, gather the evidence, and push back when an offer doesn't reflect what you've lost.
Florida generally requires vehicle owners to carry $10,000 in Personal Injury Protection (PIP). PIP pays certain benefits after a crash regardless of who caused it, and it generally comes from your own policy, or a household member's, even if you were a passenger or a pedestrian.
Florida law changesThe Legislature has considered repealing or overhauling PIP in recent sessions. This page describes Florida's no-fault system as of its last update. We will confirm the rules that apply to the date of your accident.
PIP does not cover pain and suffering, and $10,000 is often exhausted quickly. That's where bodily injury and UM claims come in.
When your losses exceed what PIP pays, you can bring a bodily injury claim against the at-fault driver, typically paid by that driver's bodily injury liability insurance.
A surprising fact: Florida does not require most drivers to carry bodily injury liability coverage. Many drivers carry low limits or none at all. Identifying all available coverage early, including the driver's policy, a vehicle owner's policy, an employer's policy, and your own UM coverage, is one of the most important things we do.
Florida requires vehicle owners to carry $10,000 in property damage liability coverage. You can usually pursue the at-fault driver's property damage coverage, or use your own collision coverage and let your insurer seek reimbursement.
Property damage disputes are common: lowball repair estimates, disagreements over whether a car is a total loss, unfair actual-cash-value offers, and rental car limits. If a body shop does poor work or overcharges, Florida's consumer protection laws may help. See repair-shop claims →
Because bodily injury coverage isn't required for most Florida drivers, uninsured / underinsured motorist (UM/UIM) coverage is often the most important coverage in a serious injury case. UM is part of your auto policy and steps in when the at-fault driver is uninsured, doesn't have enough coverage, or flees the scene.
Florida insurers must offer UM coverage, and it can only be declined in writing. Some policies are "stacked," multiplying coverage across vehicles. Even though it's your own policy, your insurer may still dispute the value of your claim, and we hold them to their obligations.
PIP generally pays 60% of lost income, subject to the overall $10,000 limit. The remaining 40%, plus any income lost after PIP runs out, may be recoverable through a bodily injury or UM claim.
If your injuries affect your ability to work in the future, through reduced hours, a lower-paying role, or not being able to return to your job at all, you may also be able to recover loss of future earning capacity.
Pain and suffering, also called non-economic damages, compensates you for physical pain, mental anguish, inconvenience, and the loss of enjoyment of life. These damages are often the largest part of a serious injury claim, and they are not covered by PIP.
Under Florida's no-fault law, to recover pain and suffering from the at-fault driver in a car accident case, your injury generally must meet a threshold, such as a permanent injury within a reasonable degree of medical probability, significant and permanent scarring or disfigurement, or significant and permanent loss of an important bodily function. Thorough medical documentation is how that threshold is proven.
Answers to the most common questions after a Florida crash.
To use your PIP benefits, Florida law generally requires you to receive initial medical services within 14 days of the accident. Missing that window can mean PIP won't pay your medical bills. Getting prompt care also creates a medical record that connects your injuries to the crash.
Initially, your own PIP coverage generally pays 80% of reasonable medical expenses up to the policy limit, regardless of fault. Bills beyond PIP may be covered by health insurance or MedPay and can be recovered through a bodily injury or uninsured motorist claim.
Yes, if your injury meets Florida's threshold, such as a permanent injury within a reasonable degree of medical probability, significant and permanent scarring or disfigurement, or significant and permanent loss of an important bodily function. Proving the threshold usually requires consistent treatment and medical opinions.
Your own uninsured motorist (UM) coverage may pay for the damages the at-fault driver should have covered. It also typically applies in hit-and-run crashes. If you're not sure whether you have UM coverage, we can review your policy.
It depends on the driver's app status at the time of the crash. If a ride had been accepted or you were a passenger, Florida law generally requires at least $1 million in coverage. Your own PIP may still apply first for initial medical bills and lost wages.
For most car accidents occurring on or after March 24, 2023, the deadline to file a negligence lawsuit is generally two years from the date of the crash. Insurance policies also have their own notice requirements, so report the accident and get advice promptly.
Be cautious. Early offers often come before the full extent of your injuries is known, and accepting one usually requires signing a release that ends your claim permanently. Have the offer reviewed before you sign anything.
We'll identify every source of coverage, handle the claims, and fight for full compensation, so you can focus on getting better.
