Aaron Delgado & Associates

Auto Accident Attorneys

Florida auto accident cases now run on two compressed clocks: the 14-day window to seek treatment under PIP, and the two-year statute of limitations for negligence that took effect with the 2023 tort reform. Our personal injury attorneys handle car and truck crash claims across Volusia, Flagler, and Central Florida — from the PIP filing on day one through settlement or trial.

A Florida auto accident starts two clocks at the same time. The first is the 14-day window under Florida's no-fault statute to seek initial medical treatment, without which your $10,000 PIP benefit collapses to $2,500 — or to nothing. The second is the two-year statute of limitations that the 2023 tort reform put on negligence claims arising after March 24, 2023 (a shorter window than the four years many people still believe applies). Our personal injury attorneys work both clocks from day one, and represent clients across Volusia, Flagler, and Central Florida. Call us at (386) 255-1400 24 hours a day for a free consultation.

The two clocks that matter immediately

Florida law now puts two hard deadlines on every auto-injury case, and both start running long before most people call a lawyer:

  • 14 days, from the date of the crash, to seek initial medical services under the Florida Motor Vehicle No-Fault Law, Fla. Stat. § 627.736. The standard is initial treatment — emergency room, urgent care, physician, dentist, chiropractor, or qualified hospital — within fourteen days of the accident. Miss it and PIP benefits are unavailable for the rest of the case, no exceptions. This catches people whose pain or symptoms only emerge a week or two later.
  • 2 years to file suit on a negligence claim that accrued on or after March 24, 2023, under Fla. Stat. § 95.11(4)(a), as revised by HB 837. Causes of action that accrued before that date may still carry the prior four-year deadline; the cutoff is fact-specific and worth confirming with counsel before assuming either rule applies to your case.

We file the PIP paperwork and lock the SOL math the day you retain us.

What Florida's 2023 tort reform changed for your case

The 2023 tort reform package (HB 837) made the most significant changes to Florida personal injury law in a generation. Two of those changes touch nearly every auto case:

Statute of limitations: 4 years → 2 years

For negligence causes accruing on or after March 24, 2023, the deadline to file suit dropped from four years to two (§ 95.11(4)(a)). Older causes may still be governed by the prior four-year rule; the trigger is the cause-of-action date.

Comparative negligence: pure → 51% bar

Florida moved from pure comparative negligence to a modified system with a 51% bar (§ 768.81(6)). A plaintiff found more than 50% at fault recovers nothing. Below that, the recovery is reduced by the plaintiff's share of fault. Medical malpractice claims are statutorily exempt from the 51% bar.

The practical effect on an auto case is that fault apportionment now decides whether the case has any value at all. A plaintiff at 49% fault still recovers (reduced); a plaintiff at 51% recovers zero. That makes early scene work, witness statements, and accident reconstruction far more important than they were under the old pure-comparative regime, where any fraction of the other driver's fault still produced a recovery.

How recovery works after a Florida auto crash

There are typically four sources of recovery in a Florida auto injury case, in roughly this order:

Personal Injury Protection (PIP)

Your own insurer pays first under § 627.736, regardless of fault: 80% of reasonable medical expenses and 60% of lost wages, up to $10,000 with an Emergency Medical Condition diagnosis, or $2,500 without one.

Bodily Injury Liability (BIL)

The at-fault driver's bodily-injury coverage, when they carry it. Florida does not require BIL on personal passenger vehicles, which is why so many at-fault drivers carry nothing beyond PIP and property damage.

Uninsured / Underinsured Motorist (UM/UIM)

Your own UM/UIM stack fills the gap when the at-fault driver has no coverage or not enough. Because FL does not require BIL, UM is often the largest source of recovery on a serious case. Stacked policies and household coverage can multiply the available limits.

MedPay and other optional coverages

Optional medical-payments coverage, health insurance, and (in commercial cases) employer or third-party coverages can layer on top of PIP. Identifying every available policy is part of the case workup.

What we work first on a new auto case

The early days of a Florida auto claim are when value is gained or lost. Our first-week priorities on every new auto case:

  • Open the PIP claim and confirm the 14-day treatment window is met, with an EMC determination if one is medically supported
  • Lock down scene evidence — police report, crash report supplements, body-cam, dash-cam, scene photos, witness contacts — before they age out
  • Identify every available policy: at-fault BIL, your own UM/UIM stack, resident-relative policies, MedPay, employer policies in commercial cases
  • Place the at-fault driver, their insurer, and any commercial owner on notice of preservation
  • Document the injuries with the right specialists, so the demand later rests on real medical evidence rather than retrospective reconstruction

Florida's auto-injury law moved in 2023. The defense playbook moved with it.

HB 837 changed the math on Florida auto claims. The SOL is shorter, the comparative-negligence calculation is harder on plaintiffs, the rules around bad-faith claims have been rewritten, and the admissibility of medical-bill evidence has been narrowed. Cases built on the pre-2023 playbook — long SOL runways, fault percentages that don't decide recoverability, traditional bad-faith leverage — leave money on the table or, worse, miss deadlines. We work cases on the current statute, with the current case law, and with an eye on how Volusia and Flagler insurers are valuing crashes this quarter.

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From the 14-day PIP window through settlement or trial, our personal injury attorneys handle auto crash claims across Volusia, Flagler, and Central Florida.

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