After an Accident

You were just going about your day. Then someone rear-ended you at a red light. It clearly wasn’t your fault, so calling your own insurance company feels backwards, maybe even risky. In Florida, though, that phone call is one of the most important things you can do, and here’s why. TL;DR — QUICK SUMMARY Yes, you should call your own auto insurer even when the crash wasn’t your fault, because Florida is a no-fault state. Your Personal Injury Protection (PIP) coverage pays the first portion of your medical bills regardless of who caused the accident. You must seek medical treatment within 14 days of the crash, or you can lose your PIP benefits entirely. Reporting an accident you didn’t cause should not raise your rates, and most policies require you to report promptly anyway. Under Florida Statute 95.11(3)(a), you generally have two years to file an injury lawsuit, but the deadlines that bite first are your insurer’s reporting and treatment windows. The Reyes Firm Hurt in a Tampa Crash That Wasn’t Your Fault? Get clear next steps and protect your PIP benefits. Had a bad day? Contact Us Now 14 Days Deadline to seek care for PIP benefits Fla. Stat. 627.736 $10,000 Florida minimum PIP coverage Fla. Stat. 627.736 2 Years Florida injury filing deadline Fla. Stat. 95.11(3)(a) $0 Upfront cost with a contingency fee firm The Reyes Firm Should you call your own auto insurance if the accident wasn’t your fault? Yes. In Florida, you should report the crash to your own insurer even when another driver clearly caused it. That feels counterintuitive, but it comes down to one fact: Florida is a no-fault auto insurance state. Your own policy is designed to step in first, no matter who was to blame. Reporting promptly does two things. It opens your Personal Injury Protection (PIP) benefits so your medical bills start getting paid, and it satisfies the notice requirement built into nearly every auto policy. Wait too long, and you risk both your benefits and a dispute with your own company over late reporting. At The Reyes Firm, a Tampa personal injury law firm, the most common mistake we see after a not-at-fault crash isn’t saying too much. It’s saying nothing at all to the one insurer that’s actually obligated to help you first. ⚠️ Deadline Warning: Under Florida Statute § 95.11(3)(a), you generally have two years from the date of your crash to file a personal injury lawsuit. But your PIP coverage requires medical treatment within 14 days, so the clock that runs out first is usually the one on your benefits. Don’t wait. What is Florida’s no-fault system and how does PIP work? Florida’s no-fault system means that after most car accidents, your own insurance pays your initial medical expenses and lost wages, regardless of who caused the crash. The coverage that does this is Personal Injury Protection, and every Florida auto policy is required to carry it. Under Florida Statute § 627.736, PIP provides a minimum of $10,000 in coverage and typically pays 80% of reasonable medical bills and 60% of lost wages, up to that limit. It applies whether you were rear-ended, sideswiped, or hit by a driver who ran a stop sign. The trade-off for this quick, fault-free coverage is that PIP comes with strict rules, and the strictest is the deadline to get care. Because PIP has a cap, it often isn’t enough to cover a serious injury. When your damages exceed your PIP limits, you may be able to pursue the at-fault driver for the rest, which is where the no-fault system ends and a liability claim begins. 💡 Did You Know? Florida’s 14-day rule is one of the most important deadlines after a crash. Under Fla. Stat. § 627.736, you must receive initial medical care within 14 days of the accident to be eligible for PIP benefits at all. Miss that window and your own insurer can deny the entire claim, even if your injuries are real and serious. Source: Fla. Stat. § 627.736. Watch: Should I Call My Auto Insurance If It’s Not My Fault? This short video explains why Florida drivers need to report a crash to their own insurer even when someone else caused it, and how the no-fault system shapes what happens next. If you’re unsure what to say to either insurance company, The Reyes Firm offers free consultations, so you can call 833-4 BAD DAY before you make the call. Will calling my own insurer raise my rates or count against me? This is the fear that keeps people from making the call, and it’s largely unfounded for a crash you didn’t cause. Filing a PIP claim after a not-at-fault accident is exactly what the coverage exists for, and insurers are limited in how they can treat policyholders who report accidents that weren’t their fault. What can actually hurt you is the opposite choice. Failing to report can violate your policy’s notice requirement, give your insurer a reason to question the claim later, and leave your medical bills unpaid while the 14-day window closes. The downside of calling is small. The downside of staying quiet can cost you your benefits. If an adjuster, yours or the other driver’s, starts asking for a recorded statement or pressing for details, that’s a different matter. You can decline to give a recorded statement until you’ve spoken with a lawyer. Do I still deal with the at-fault driver’s insurance company? Often, yes, but carefully. Your PIP covers the first layer of your expenses. When your injuries are serious enough to exceed those limits, a claim against the at-fault driver’s insurer is how you pursue the rest, including the portion of medical bills PIP didn’t pay, full lost wages, and pain and suffering. That second insurer has no duty to look out for you, and its adjuster is working to pay as little as possible. In a serious or catastrophic crash, the difference between handling that claim alone and having a