Fla. Bar No. 1048733 · Former judicial clerk, Fourth Judicial Circuit
Last reviewed October 2026
What should I do after a car accident in Jacksonville?
Get checked by a doctor within 14 days, get the crash report, photograph everything, and don't give a recorded statement to the other driver's insurance company until you've talked to a lawyer.
- Call 911 and make sure a report is made. Inside Jacksonville, the Jacksonville Sheriff's Office usually responds; on the interstates, it's often the Florida Highway Patrol. Write down the officer's name and the report number.
- Get medical care, even if you feel "okay." Adrenaline hides injuries, and Florida's PIP law only pays if you get initial treatment within 14 days.
- Photograph more than the bumper. Take pictures of both vehicles, the trailer hitch, the frame, under the bumper, the road, skid marks, and your injuries. Damage that tells the real story is often hidden.
- Collect names and numbers. Get the other driver's insurance, plus contact information for anyone who saw the crash. Note nearby businesses that may have cameras, because footage is often recorded over within days.
- Report the crash to your own insurer, as your policy requires, but keep it to the facts.
- Stay off social media about the crash and your injuries. Insurers look.
How does Florida's 14-day PIP rule work?
Your own Personal Injury Protection (PIP) coverage pays first, no matter who caused the crash, but only if you get initial medical treatment within 14 days.
Florida drivers must carry at least $10,000 in PIP. It generally pays 80% of reasonable medical expenses and 60% of lost income, up to your policy limit. To access the full $10,000 for medical care, a qualified provider (a medical doctor, osteopathic physician, dentist, physician assistant, or advanced practice registered nurse) must find that you had an emergency medical condition. Without that finding, medical benefits are capped at $2,500.
PIP is still the law in Florida. Bills to repeal it were introduced in 2025 and 2026, and none passed.
For anyone with a real injury, $10,000 runs out fast. PIP is a starting point, not the whole claim. The rest comes from the at-fault driver's insurance and, often, your own uninsured motorist coverage.
How long do I have to file a car accident claim in Florida?
For crashes on or after March 24, 2023, you generally have two years from the date of the crash to file a negligence lawsuit.
Florida cut the deadline from four years to two in its 2023 tort reform law (HB 837). Crashes that happened before March 24, 2023 generally keep the old four-year deadline. Other deadlines can apply:
- Wrongful death: generally two years from the date of death.
- Uninsured motorist claims against your own insurer are contract claims and generally have a longer deadline. See my guide to UM claims.
- Government vehicles, such as a city truck or a JTA bus, come with written-notice requirements before you can sue. Don't wait on these.
Two years sounds like plenty of time. The evidence doesn't wait that long. Video gets recorded over, vehicles get repaired or scrapped, and witnesses move. The best cases are built in the first few weeks.
What happens if I was partly at fault for the crash?
Florida uses modified comparative negligence. If you're 50% or less at fault, your recovery is reduced by your share of the fault. If you're more than 50% at fault, you recover nothing from the other driver.
Here's how that works in practice: if your damages are $100,000 and a jury finds you 20% at fault, you recover $80,000. At 51%, you recover nothing.
That 50% line is why insurers work so hard to shift blame onto injured people, and why fault evidence matters so much. Scene photos, vehicle damage patterns, the crash report, witness statements, and vehicle data can all answer the question of who caused the crash.
Can I be seriously hurt if my car doesn't look badly damaged?
Yes. Bumper covers are designed to flex and spring back, so a car can look fine on the outside while the frame, the trailer hitch, or the bumper reinforcement absorbed a serious force.
Insurers often label these "minor impact" cases and use the repair estimate to argue you couldn't have been hurt. I look past the bumper cover to show how hard the impact really was:
- The trailer hitch and its mounting points, which transfer force straight into the frame
- The bumper reinforcement bar and crush zones behind the cover
- Frame rails, mounting brackets, and anything that had to be replaced rather than repaired
- Airbag control module data, where available
- Your medical records, so the treatment tells the same story as the vehicle
What's different about crashes on Jacksonville's interstates and bridges?
High speeds, heavy truck traffic, and bridges with little room to pull over lead to more chain-reaction crashes, and more arguments about who started them.
Many of the crashes I see happen on the corridors Jacksonville drivers use every day: I-95 through downtown and over the Fuller Warren Bridge, the I-295 beltway including the Buckman Bridge and the Dames Point Bridge, I-10, J. Turner Butler Boulevard, Blanding Boulevard, Beach Boulevard, and Philips Highway.
Multi-vehicle crashes in stop-and-go traffic raise questions a simple rear-end case doesn't: which impact caused which injury, whether a truck or a distracted driver set off the chain, and which insurance policies apply. These are cases where a thorough investigation early makes the difference.
If a commercial truck was involved, see my truck accident guide.
What can I recover after a Florida car accident?
Medical bills that PIP doesn't cover, lost wages and future earning capacity, property damage, and, if your injury meets Florida's threshold, pain and suffering.
To recover pain and suffering from the at-fault driver, Florida law requires an injury that is permanent within a reasonable degree of medical probability, significant and permanent scarring or disfigurement, a significant and permanent loss of an important bodily function, or death. Medical documentation of that is a core part of building your case.
Other points that can change what a case is worth:
- How your medical care is paid for. Since 2023, Florida law changed how medical bills are presented to a jury, including treatment under a letter of protection. I talk this through with clients early.
- Drunk or reckless drivers. Conduct that rises to gross negligence can open the door to punitive damages.
- Every available policy. The driver's employer, the vehicle's owner, and your own uninsured motorist coverage can all matter. I look for every source, not just the obvious one.
Why hire Kishek Law for a car accident case?
Because you'll work directly with me, and I prepare every case as if it's going to trial.
There's no case manager between us. I clerked twice for a circuit judge in Duval County, so I know what a judge needs to see in a motion and at trial, and I build cases with that in mind from the first call. I also look for the claims other firms skip, such as an employer's negligent entrustment, an uninsured motorist claim when the declarations page shows no coverage, or a homeowner's policy when someone's dog caused the crash.
Consultations are free, and you don't pay a fee unless we recover for you. Call (904) 990-0999 or use the form at the top of this page.
Common questions
Do I need a lawyer for a minor car accident in Florida?
Not always. If no one was hurt and it's only property damage, you can often handle it yourself. If you were injured, needed treatment, or the insurer is disputing fault or your bills, talk to a lawyer before you give a recorded statement or sign anything. A consultation with me is free.
How much does a car accident lawyer cost?
I handle injury cases on a contingency fee, so you pay nothing up front and no fee unless we recover for you. Florida Bar rules govern contingency fees. You'll get the terms in a written agreement before I start, and a written closing statement at the end.
Should I talk to the other driver's insurance company?
You have to cooperate with your own insurer under your policy, but you're not required to give a recorded statement to the other driver's insurer. Their adjuster's job is to pay as little as possible. Talk to a lawyer first.
What if the driver who hit me has no insurance?
Florida doesn't require drivers to carry bodily injury liability insurance, so this happens often. Your own uninsured motorist coverage may pay, and you may have that coverage even if your declarations page says you don't. Read more in my guide to uninsured motorist claims.
How do I get my Jacksonville crash report?
Florida crash reports are generally confidential for the first 60 days, but you, your attorney, and the insurance companies involved can get a copy. Reports from the Jacksonville Sheriff's Office and the Florida Highway Patrol can be requested through the Florida Department of Highway Safety and Motor Vehicles.
Will my case have to go to trial?
Most cases settle. But insurers pay more fairly when they know a case is ready for trial, so I prepare every case that way from the start.
This page is general information about Florida law, not legal advice for your situation.