By Shannon J. Sagan, Esq., The Dash Cam Lawyer®, Fla. Bar #10793

Speak with a car accident lawyer before you talk to any insurance company, including your own. Florida gives you two years from the crash date to file a negligence lawsuit and only 14 days to get medical care that preserves your no-fault benefits. A consultation is free, so the safest time to call is now.

Most people call their insurance company from the side of the road. It feels like the responsible thing to do. It is usually a mistake. What you say in that first call, while you are shaken, in pain, or missing information, can shape your claim before you even know what your injuries are.

Yes, your policy requires you to cooperate with your own insurer. But that obligation does not require you to do it immediately, and it does not require you to do it before you understand your rights. Speak with an attorney first, even briefly. Then report the claim with a clear picture of what to say and what not to say.

And one rule has no exceptions: never give a recorded statement to the at-fault driver’s insurer, or to your own, without speaking to an attorney first.

Two clocks start running the moment you crash

Florida law puts you on two deadlines at once, and the shorter one surprises almost everyone.

The 14 day medical rule. Under Florida’s no-fault law (Fla. Stat. § 627.736), you must get initial medical care within 14 days of the accident to keep your Personal Injury Protection (PIP) benefits, worth up to $10,000. Miss the window and those benefits are gone, even if symptoms show up on day 15. Whiplash, concussions, and soft tissue injuries often hide for days, so get checked even if you feel fine.

The two year lawsuit deadline. For crashes on or after March 24, 2023, Florida Statute § 95.11(5)(a) gives you two years from the accident date to file a negligence lawsuit. Two years sounds like plenty. It is not. Building a strong claim takes time. Mmedical treatment has to run its course, evidence has to be gathered while it still exists, and witnesses have to be found while they still remember. A lawyer hired early can do all of that. A lawyer hired in month 22 is racing the clock.

The permanent injury threshold. There is a third wrinkle. Because Florida is a no-fault state, you generally cannot recover pain and suffering damages from the at-fault driver unless your injuries meet the threshold in Fla. Stat. § 627.737: a permanent injury within a reasonable degree of medical probability, significant and permanent scarring, permanent loss of an important bodily function, or death. Whether your medical records document a threshold injury often decides what your case is worth, and that documentation starts with the care you get in the first two weeks. This is another reason early legal guidance pays for itself.

Situations where you should call a lawyer right away

Some cases can wait a few days. These cannot:

• You were injured badly enough to need emergency care, surgery, or ongoing treatment.
• Anyone in either vehicle was hospitalized or a fatality occurred.
• The insurance company is already calling you and asking for a recorded statement.
• The other driver was uninsured, underinsured, or fled the scene.
• A commercial vehicle, rideshare driver, or delivery driver was involved.
• The police report puts fault on you and you disagree.
• You have dash cam footage of the crash and are not sure how to preserve it.
• An early settlement offer arrived before you finished treatment, or the insurance company is trying to settle with you right away.

That last one deserves a word. A fast offer is rarely a generous offer. Insurers know an injured person without a lawyer and with medical bills piling up will consider almost any number. In most instances, once you sign a release, the claim is over, even if your injuries turn out worse than you thought.

Fault matters more than it used to

Since Florida’s 2023 tort reform (HB 837), the state follows modified comparative negligence under Fla. Stat. § 768.81. If a jury finds you more than 50 percent at fault for your own crash, you recover nothing. Not a reduced amount. Nothing.

That single rule changed how insurance companies fight cases. Every percentage point of fault they can shift onto you is money saved, and pushing you past the 51 percent line erases your claim entirely. An adjuster’s friendly questions about speed, distraction, or braking are often aimed at exactly that. This is one more reason to speak with a lawyer before giving any statement, and it is why objective evidence such as dash cam footage has become so valuable in Florida cases.

What if the other driver has no insurance?

Florida has one of the highest rates of uninsured and underinsured drivers in the country, and the state does not require drivers to carry bodily injury liability coverage. If an uninsured or underinsured driver hits you, your own uninsured motorist (UM) coverage (which most people I see in my office do not have) under Fla. Stat. § 627.727 may be your main path to compensation. UM claims are claims against your own insurer, which means the company you pay premiums to is now on the other side of the table. Involve a lawyer before you talk to them. By some industry estimates roughly one in four Florida drivers carries no insurance at all (I believe it is even higher), so if you do not know whether your own policy includes UM coverage, find out today, before you ever need it.

What hiring a car accident lawyer costs

Nothing up front. Like most Florida personal injury firms, The Dash Cam Lawyer® works on a contingency fee: no fee unless we recover for you. The consultation is free, and you owe nothing while the case is pending. The real cost question runs the other way: unrepresented claimants routinely accept early offers that do not account for future treatment, lost earning capacity, or pain and suffering damages they may be entitled to claim once the permanent injury threshold under Fla. Stat. § 627.737 is met.

If you have dash cam footage, act today

Dash cam video is often the single most persuasive piece of evidence in a Florida crash case, but most cameras record on a loop and overwrite themselves within days and sometimes even hours. If your camera, or a witness’s, captured the crash,  save the file now, back it up in two places, and do not edit or trim it. Original, unaltered footage is far easier to authenticate in court. Our office reviews crash footage as part of every free consultation.

What a lawyer actually does in the first weeks

People sometimes wait to hire a lawyer because they picture lawyers as something you need for a trial, and a trial feels far away. In practice, the most valuable legal work in a car accident case happens in the first few weeks, long before anyone files a lawsuit:

• Sending preservation letters so the other side keeps vehicle data, driver logs, and any video before it is deleted or overwritten.
• Taking over all insurer contact, so adjusters can no longer call you directly or push for a recorded statement.
• Identifying every source of coverage the at-fault driver, your UM policy, a commercial policy if a work vehicle was involved, and PIP.
• Making sure your medical treatment is documented in the way the § 627.737 threshold requires.
• Reviewing, authenticating, and backing up dash cam or surveillance footage while originals still exist.

None of that can be recreated later. Evidence that is gone by week six is gone at trial too, no matter how strong your case looked on paper.

What to do right now, in order

If your accident just happened, here is the sequence that protects both your health and your claim:

• Get medical care first, within 14 days at the latest, even if you feel fine.
• Preserve evidence: photos, witness contacts, and any dash cam footage before it overwrites.
• Do not call your own insurance company yet. Speak with an attorney about your rights first. You do have a duty to cooperate with your insurer, but nothing requires you to report before you understand what to say.
• Give no recorded statement to any insurer, theirs or yours, without legal advice.
• Write down what you remember while it is fresh.
• Call a lawyer. The consultation is free and the deadlines are real.

Frequently asked questions

When should I hire a lawyer after a car accident in Florida?

As soon as possible after the crash, and ideally before you speak with any insurance company. Early involvement lets your lawyer preserve evidence, handle the insurers, and protect you from statements that could reduce or eliminate your recovery. If you were injured, the practical answer is: this week, not this month.

How long do I have to file a car accident lawsuit in Florida?

Two years from the date of the crash for accidents occurring on or after March 24, 2023, under Fla. Stat. § 95.11(5)(a). A small number of exceptions can shorten or extend that window, such as claims against government entities, so confirm your specific deadline with a lawyer.

Should I call my insurance company before speaking with a lawyer?

No. Speak with an attorney about your rights first. Your policy requires cooperation with your insurer, but it does not require an immediate call from the accident scene, and it never requires you to give a recorded statement without legal advice. A short consultation first can prevent expensive mistakes.

Is it too late to hire a lawyer if my accident happened months ago?

Usually not. If you are within the two year window, a lawyer can still take your case, though earlier is always better for evidence. Be aware that if you missed the 14 day medical window, your PIP benefits may be affected, but you may still have a claim against the at-fault driver.

How much does it cost to hire a car accident lawyer in Florida?

At The Dash Cam Lawyer®, nothing up front and no fee unless we recover for you. The fee is a percentage of the recovery, agreed in writing before we start. The consultation is free.

Talk to The Dash Cam Lawyer® today

If you were hurt in a crash anywhere in Palm Beach County, from West Palm Beach to Belle Glade, call The Dash Cam Lawyer® at 561-561-DASH (3274) for a free consultation. We will review your case, your deadlines, and any footage you have, and you pay no fee unless we recover for you.

This article is for general information only and is not legal advice. Reading it does not create an attorney-client relationship. Every case is different; consult a licensed Florida attorney about your specific situation.