Use this auto accident claims guide to build a clear demand letter for Miami.
Miami Auto Accident Claims: Your Complete Guide to Pursuing Compensation in South Florida
Miami's complex highway system, featuring Interstate 95, the Palmetto Expressway, and the Dolphin Expressway, combined with one of the highest traffic densities in the nation, creates an environment where auto accidents are unfortunately common occurrences. From rear-end collisions on the congested I-95 corridor through downtown Miami to multi-vehicle accidents on the 836 Expressway, Miami-Dade County residents face significant risks every time they get behind the wheel. Understanding your legal rights after an auto accident in Miami is essential for protecting yourself and securing fair compensation for your injuries and damages.
Florida operates under a unique no-fault insurance system governed by Florida Statutes Section 627.736, which requires all drivers to carry Personal Injury Protection (PIP) coverage. This system means that after an auto accident, you first turn to your own insurance company for medical expenses and lost wages, regardless of who caused the accident. However, Florida law also allows accident victims to step outside the no-fault system and pursue claims against at-fault drivers when injuries meet certain thresholds defined under Florida Statutes Section 627.737.
Miami's diverse population, international visitors, and commercial vehicle traffic create complex accident scenarios that require careful legal navigation. Whether you were involved in a collision with an uninsured motorist on Brickell Avenue, a rideshare vehicle accident in South Beach, or a commercial truck accident on the Turnpike, Florida law provides specific remedies and procedures. The Florida Department of Highway Safety and Motor Vehicles reports that Miami-Dade County consistently ranks among the highest in the state for traffic crashes, with tens of thousands of accidents occurring annually.
This comprehensive guide is designed specifically for Miami residents and visitors who have been involved in auto accidents and need to understand their rights under Florida law. We will examine the no-fault insurance requirements, explain when you can pursue a claim against an at-fault driver, detail the evidence needed to support your claim, identify critical deadlines, and provide guidance on crafting effective demand letters. Understanding these concepts is crucial whether you are dealing with property damage only or have sustained serious injuries requiring ongoing medical treatment.
The financial stakes in auto accident claims can be substantial. Medical expenses in South Florida can quickly reach tens of thousands of dollars, particularly for emergency treatment at facilities like Jackson Memorial Hospital or Ryder Trauma Center. Lost wages compound these costs, and the long-term impact of serious injuries can affect your earning capacity for years. A well-documented demand letter, grounded in Florida law and supported by comprehensive evidence, is often the key to securing fair compensation from insurance companies that are primarily motivated to minimize payouts.
Florida Auto Accident Law: No-Fault Insurance and Tort Liability in Miami
Florida's auto insurance system is governed by the Florida Motor Vehicle No-Fault Law, codified in Florida Statutes Sections 627.730-627.7405. This comprehensive statutory framework creates a dual system that combines mandatory no-fault coverage with the ability to pursue tort claims in certain circumstances. Understanding how these two systems interact is essential for Miami accident victims seeking full compensation.
Under Florida Statutes Section 627.736, all motor vehicle owners must carry Personal Injury Protection (PIP) coverage with minimum limits of $10,000 for medical expenses and lost wages. PIP coverage pays 80% of reasonable medical expenses and 60% of lost wages, subject to policy limits. Importantly, PIP benefits are available regardless of fault, meaning you can access these benefits even if you caused the accident. However, Florida Statutes Section 627.736(1)(a) imposes a critical 14-day rule: you must seek initial medical treatment within 14 days of the accident, or you forfeit your PIP benefits entirely.
Property Damage Liability (PDL) coverage is also mandatory under Florida Statutes Section 627.7275, with minimum limits of $10,000. However, Florida does not require drivers to carry Bodily Injury Liability (BIL) coverage, which means many at-fault drivers lack adequate insurance to compensate victims for serious injuries. This gap makes Uninsured/Underinsured Motorist (UM/UIM) coverage critically important for Miami drivers, though it remains optional under Florida law.
The tort liability threshold for stepping outside the no-fault system is defined in Florida Statutes Section 627.737(2). You may pursue a claim against an at-fault driver if your injuries result in: significant and permanent loss of an important bodily function; permanent injury within a reasonable degree of medical probability (other than scarring or disfigurement); significant and permanent scarring or disfigurement; or death. These thresholds are commonly referred to as the serious injury requirements and are frequently litigated in Florida courts.
Florida follows a pure comparative negligence system under Florida Statutes Section 768.81. As of 2023, Florida modified this to a modified comparative negligence system under HB 837, meaning that if you are found more than 50% at fault for the accident, you cannot recover damages from other at-fault parties. If you are 50% or less at fault, your recovery is reduced by your percentage of fault. For example, if you are found 30% at fault and your damages total $100,000, you would recover $70,000.
The statute of limitations for personal injury claims arising from auto accidents in Florida was reduced to two years under HB 837, effective March 24, 2023. This is codified in Florida Statutes Section 95.11(3). For accidents occurring before this date, the four-year statute of limitations applies. Property damage claims have a separate four-year statute of limitations under Florida Statutes Section 95.11(3)(h).
Florida Statutes Section 316.066 requires drivers involved in accidents resulting in injury, death, or property damage of at least $500 to immediately report the accident to local law enforcement. Failure to report or leaving the scene of an accident involving injury can result in criminal charges under Florida's hit-and-run statutes. Obtaining a copy of the official crash report from the Florida Highway Patrol or Miami-Dade Police Department is essential for documenting your claim.
Bad faith insurance claims are governed by Florida Statutes Section 624.155, which allows policyholders and third-party claimants to sue insurance companies for failing to settle claims in good faith. Florida courts have developed extensive case law on bad faith, and insurers who unreasonably delay or deny valid claims may face liability for damages beyond policy limits. Before filing a bad faith lawsuit, you must provide the insurer with 60 days written notice under the Civil Remedy Notice procedure.
Miami-Dade County courts handle auto accident litigation, with cases filed in the Eleventh Judicial Circuit Court for claims exceeding $50,000, County Court for claims between $8,001 and $50,000, and Small Claims Court for claims up to $8,000. Venue is proper in the county where the accident occurred, where the defendant resides, or where the insurance policy was issued.
Step-by-Step Guide to Creating an Effective Auto Accident Demand Letter in Miami
Before focusing on your demand letter, confirm that you have complied with Florida's mandatory 14-day rule for seeking medical treatment. Under Florida Statutes Section 627.736(1)(a), you must receive initial services and care within 14 days of the accident to be eligible for PIP benefits. Emergency room visits, urgent care treatment, or evaluation by a licensed physician within this window preserves your PIP benefits. Document the date and provider of your initial treatment.
Obtain a copy of the official crash report from the investigating law enforcement agency. For accidents on Miami-Dade County roads, this may be from the Miami-Dade Police Department. For accidents on state highways or the Turnpike, the Florida Highway Patrol investigates. You can obtain crash reports online through the Florida Department of Highway Safety and Motor Vehicles at FLHSMV.gov or request them directly from the investigating agency. The crash report provides crucial information about the accident circumstances, witness statements, and the investigating officer's determination of fault.
Gather all medical records and bills related to your accident injuries. This includes emergency room records from facilities like Jackson Memorial Hospital, Kendall Regional Medical Center, or Baptist Health South Florida locations. Collect records from all follow-up treatment including primary care physicians, specialists, physical therapists, chiropractors, and any diagnostic imaging facilities. Request itemized billing statements that show specific CPT codes for each procedure. If you are still receiving treatment, obtain a narrative report from your treating physician describing your injuries, treatment to date, and prognosis.
Calculate all economic losses resulting from the accident. Request a letter from your employer on company letterhead confirming your rate of pay, normal work schedule, and the specific dates you missed work due to your injuries. If you are self-employed, gather tax returns, profit and loss statements, and client contracts that demonstrate your lost income. Include any paid time off or sick leave you were forced to use. Calculate the total lost wages to date and, if your injuries are ongoing, document any reduction in earning capacity.
Determine whether your injuries qualify you to step outside Florida's no-fault system. Review Florida Statutes Section 627.737(2) and evaluate whether your injuries constitute: significant and permanent loss of an important bodily function; permanent injury within a reasonable degree of medical probability; significant and permanent scarring or disfigurement; or death of a family member. If your injuries meet these thresholds, you can pursue a claim directly against the at-fault driver for all damages, including pain and suffering.
Determine which insurance policies may provide coverage. Start with your own PIP policy for initial medical expenses and lost wages. Identify the at-fault driver's liability insurance, if any. Check whether you have Uninsured/Underinsured Motorist coverage that could apply if the at-fault driver lacks adequate insurance. If a commercial vehicle was involved, identify the company's commercial liability policy. For rideshare accidents involving Uber or Lyft, determine which phase of the ride applies.
Create a comprehensive damages calculation. Economic damages include: all past medical expenses; projected future medical expenses based on physician estimates; past lost wages with supporting documentation; future lost earning capacity if your injuries affect your ability to work; property damage to your vehicle; rental car expenses; and any other out-of-pocket costs. Non-economic damages include pain and suffering, mental anguish, loss of enjoyment of life, and loss of consortium if applicable. Florida does not cap non-economic damages in most auto accident cases.
Prepare a professional demand letter addressed to the appropriate insurance adjuster or claims department. Include your contact information, the claim number, date of accident, and policy information. Present a clear, chronological narrative of the accident, citing the crash report and witness statements. Describe your injuries in detail, referencing specific medical records and diagnoses. Cite Florida Statutes Section 627.737(2) if asserting that your injuries meet the tort threshold. Itemize all economic damages with supporting documentation. Describe your pain and suffering and the impact on your daily life. State your total demand amount and provide a deadline for response.
Include language putting the insurer on notice regarding potential bad faith liability. Reference Florida Statutes Section 624.155 and the insurer's duty to handle claims in good faith. Indicate that unreasonable delay or denial of a valid claim may result in a Civil Remedy Notice and potential bad faith lawsuit. This creates pressure on the insurer to evaluate your claim fairly and respond promptly.
Send your demand letter via certified mail with return receipt requested to create a clear record of delivery. Consider also sending a copy via email to the adjuster if you have their email address. Keep copies of all correspondence, the certified mail receipt, and the green return receipt card when it is returned. These records are essential if the claim proceeds to litigation or if you need to demonstrate the insurer's failure to respond timely.
Essential Evidence for Miami Auto Accident Claims: Building a Strong Case
Florida Crash Report and Law Enforcement Records: The official Florida crash report is the foundational document for your claim. This report, prepared by the investigating officer from agencies such as the Miami-Dade Police Department, Florida Highway Patrol, or municipal police departments, contains critical information including the date, time, and location of the accident; the vehicles and drivers involved; witness information; the officer's narrative describing how the accident occurred; diagram of the accident scene; and often the officer's determination of contributing causes or fault. Request a copy through FLHSMV.gov or directly from the investigating agency. Also request any supplemental reports, witness statements, or citations issued.
Photographic and Video Evidence: Visual documentation of the accident scene, vehicle damage, and your injuries is crucial. Photograph your vehicle damage from multiple angles, including close-ups showing the point of impact and wide shots showing overall damage. If possible, photograph the other vehicles involved, the accident scene including any traffic signals or signs, road conditions, weather conditions, and any debris. Take photos of your visible injuries immediately after the accident and throughout your recovery to document bruising, swelling, lacerations, and scars. Seek dashcam footage from your vehicle or witnesses, traffic camera footage from FDOT or local municipalities, and surveillance footage from nearby businesses.
Medical Records and Bills: Comprehensive medical documentation is essential for proving the nature and extent of your injuries. Obtain complete medical records from all providers including emergency rooms such as Jackson Memorial, Ryder Trauma Center, Kendall Regional, and Baptist Health facilities, urgent care centers, primary care physicians, orthopedic specialists, neurologists, pain management specialists, physical therapists, chiropractors, and mental health providers if applicable. Records should include admission notes, physician notes, diagnostic imaging reports, operative reports if surgery was required, discharge summaries, and physical therapy progress notes. Request itemized bills showing specific CPT codes and charges.
Medical Expert Reports and Prognosis: For serious injury claims, obtain a narrative medical report from your treating physician. This report should describe your diagnosis, the mechanism of injury, the treatment you have received, your current condition, your prognosis, any permanent impairments, and future treatment recommendations with cost estimates. For complex cases, an Independent Medical Examination by a specialist or a Life Care Plan prepared by a certified life care planner may be necessary to document future medical needs and costs.
Employment and Wage Documentation: Prove your lost wages with an employer verification letter on company letterhead stating your position, rate of pay, normal work hours, and dates missed; recent pay stubs showing your regular income; W-2 forms for the past two years; if self-employed, tax returns, 1099 forms, profit and loss statements, and evidence of lost contracts or clients; documentation of any used paid time off or sick leave; and if claiming future lost earning capacity, vocational expert reports or economic analyses.
Property Damage Evidence: Document vehicle damage with photographs from all angles, repair estimates from multiple body shops, actual repair invoices if repairs were completed, diminished value appraisals if applicable, pre-accident vehicle value documentation from NADA or Kelley Blue Book, and if the vehicle was totaled, documentation of the total loss settlement and any gap between the settlement and your loan balance.
Witness Statements: Obtain written or recorded statements from witnesses who observed the accident. Include their full contact information, their description of what they observed, their position and vantage point at the time of the accident, and any statements made by the other driver at the scene. Witness statements should be obtained as soon as possible while memories are fresh.
Communication Records: Maintain a complete file of all communications related to your claim. Save emails and letters to and from insurance adjusters, notes from phone calls including date, time, adjuster name, and summary of the conversation, copies of all documents submitted to the insurance company, and the insurer's responses and offers. Florida's single-party consent law under Florida Statutes Section 934.03(2)(d) allows you to record phone calls as long as you are a party to the conversation.
Critical Deadlines for Miami Auto Accident Claims Under Florida Law
14-Day PIP Treatment Deadline: The most urgent deadline in Florida auto accident cases is the 14-day rule under Florida Statutes Section 627.736(1)(a). You must seek initial medical treatment within 14 days of the accident to preserve your PIP benefits. Failure to obtain treatment within this window results in complete forfeiture of PIP coverage, which can eliminate $10,000 in medical expense and lost wage benefits. This deadline is strictly enforced and cannot be extended for any reason. Seek medical attention immediately after any accident, even if your injuries seem minor initially.
Personal Injury Statute of Limitations: For accidents occurring on or after March 24, 2023, Florida Statutes Section 95.11(3) establishes a two-year statute of limitations for personal injury claims. This means you must file a lawsuit within two years from the date of the accident or your claim is permanently barred. For accidents occurring before March 24, 2023, the previous four-year statute of limitations applies. Do not wait until near the deadline to file, as preparation of a lawsuit takes time and valuable evidence may be lost.
Property Damage Statute of Limitations: Claims for property damage to your vehicle have a four-year statute of limitations under Florida Statutes Section 95.11(3)(h). However, you should pursue property damage claims promptly while evidence is fresh and vehicles are available for inspection.
Wrongful Death Statute of Limitations: If the accident resulted in a fatality, Florida Statutes Section 95.11(4)(d) provides a two-year statute of limitations for wrongful death claims. This period runs from the date of death, not necessarily the date of the accident if the victim survived for a period before dying from their injuries.
Insurance Claim Filing Deadlines: Your own insurance policy may contain deadlines for reporting accidents and filing claims. Many policies require prompt notice, sometimes within 30 days or as soon as practicable. Review your policy declarations and coverage terms carefully. Failure to provide timely notice can result in denial of coverage.
Uninsured/Underinsured Motorist Claim Deadlines: UM/UIM claims are subject to policy terms and conditions that may require notice within specific timeframes. Additionally, before filing suit against your own UM/UIM carrier, you may need to exhaust the at-fault driver's policy limits or obtain consent from your insurer to settle with the at-fault driver's carrier.
Civil Remedy Notice for Bad Faith Claims: Before filing a bad faith lawsuit against an insurer under Florida Statutes Section 624.155, you must file a Civil Remedy Notice with the Florida Department of Financial Services and provide the insurer with 60 days to cure the alleged violation. This notice requirement is a prerequisite to the bad faith cause of action.
Medical Records Retention: Florida law requires healthcare providers to retain medical records for at least five years from the date of the last patient contact. However, you should obtain copies of your records as soon as possible rather than waiting. Providers may change systems, relocate, or close, making older records more difficult to obtain.
Response Time After Demand Letter: A typical demand letter should provide the insurance company 30 days to respond. This is considered a reasonable timeframe that allows the insurer to investigate and evaluate the claim. If no response is received within this period, send a follow-up letter and consider escalating to litigation.
PIP Benefit Processing: Under Florida Statutes Section 627.736(4)(b), PIP insurers must pay or deny claims within 30 days after the insurer receives notice of a covered loss and supporting documentation. Interest accrues on late payments at 10% per year.
Common Mistakes to Avoid in Miami Auto Accident Claims
Failing to Seek Medical Treatment Within 14 Days: The most costly mistake in Florida auto accident cases is failing to seek medical treatment within the mandatory 14-day window. Florida Statutes Section 627.736(1)(a) requires initial treatment within 14 days to preserve PIP benefits. Many accident victims delay treatment because they believe their injuries are minor or will resolve on their own, only to discover later that their injuries are more serious. By then, they have forfeited their PIP coverage. Seek medical evaluation immediately after any accident, even if symptoms seem minor.
Admitting Fault at the Accident Scene: Statements made at the accident scene can be used against you. In the confusion and stress following a collision, many people apologize or make statements that can be interpreted as admissions of fault. Limit your statements to exchanging required information and cooperating with law enforcement. Do not speculate about what happened or admit fault, even if you believe you may have contributed to the accident.
Providing Recorded Statements to Adverse Insurance Companies: The at-fault driver's insurance company may contact you quickly seeking a recorded statement. You are generally not required to provide a recorded statement to the other driver's insurer. These statements are used to find inconsistencies or admissions that can reduce your claim. Politely decline recorded statements until you have consulted with an attorney or carefully prepared for the interview.
Settling Too Quickly Before Understanding Full Damages: Insurance companies often pressure accident victims to settle quickly, before the full extent of injuries is known. Accepting a quick settlement may leave you without compensation for injuries that develop or worsen over time. Wait until you have reached Maximum Medical Improvement before settling, so you understand the full scope of your injuries and future medical needs.
Failing to Document Evidence Promptly: Evidence degrades quickly. Vehicle damage is repaired, accident scenes change, witnesses forget details, and surveillance footage is overwritten. Document everything immediately: photograph the scene and damage, collect witness information, request the crash report, and preserve any dashcam or surveillance footage. Create a detailed written account of the accident while your memory is fresh.
Not Understanding the Tort Threshold Requirements: Many accident victims are unaware that Florida's no-fault system limits their ability to pursue claims against at-fault drivers. To recover non-economic damages like pain and suffering, your injuries must meet the threshold defined in Florida Statutes Section 627.737(2). Consult with a medical professional and potentially an attorney to evaluate whether your injuries qualify for a tort claim.
Misunderstanding Comparative Negligence Impact: Under Florida's modified comparative negligence system effective 2023, if you are more than 50% at fault, you cannot recover damages from other parties. Even if you are less than 50% at fault, your recovery is reduced proportionally. Insurance companies often try to attribute fault to accident victims to reduce their exposure. Document evidence that establishes the other driver's fault and refutes any allegations of your own negligence.
Neglecting Uninsured/Underinsured Motorist Coverage: Many at-fault drivers in Florida lack adequate insurance coverage. If you do not carry UM/UIM coverage on your own policy, you may be unable to recover full compensation for serious injuries. Review your policy to understand your coverage, and consider increasing UM/UIM limits in the future.
Failing to Keep Copies of All Documentation: Maintain a complete file of all accident-related documents including the crash report, medical records, bills, correspondence with insurers, photographs, and notes. Keep both physical and digital copies. Organization is essential for tracking deadlines, responding to insurance requests, and supporting your claim.
Posting on Social Media About the Accident: Insurance companies and defense attorneys routinely monitor social media accounts. Posts about your activities, even innocent ones, can be used to argue that your injuries are not as severe as claimed. Avoid posting about the accident, your injuries, or your activities during the claims process. Adjust your privacy settings and advise friends not to tag you in posts.
Frequently Asked Questions: Auto Accidents in Miami, Florida
Florida is a no-fault state, meaning your own Personal Injury Protection (PIP) insurance pays for your initial medical expenses and lost wages regardless of who caused the accident. Under Florida Statutes Section 627.736, PIP covers 80% of reasonable medical expenses and 60% of lost wages up to $10,000. However, if your injuries meet certain severity thresholds under Florida Statutes Section 627.737(2), you can step outside the no-fault system and pursue a claim directly against the at-fault driver for all damages, including pain and suffering.
Florida Statutes Section 627.736(1)(a) requires you to seek initial medical treatment within 14 days of an auto accident to be eligible for PIP benefits. If you do not receive treatment from a licensed medical provider within this 14-day window, you forfeit your entire PIP coverage of up to $10,000. This deadline is strictly enforced and cannot be waived. Always seek medical attention immediately after any accident, even if your injuries seem minor.
For accidents occurring on or after March 24, 2023, Florida Statutes Section 95.11(3) provides a two-year statute of limitations for personal injury claims. You must file your lawsuit within two years of the accident date. For accidents before March 24, 2023, the prior four-year statute of limitations applies. Property damage claims have a four-year statute of limitations. Missing these deadlines permanently bars your claim.
If your injuries meet Florida's tort threshold, you can recover economic damages including medical expenses past and future, lost wages, lost earning capacity, and property damage. You can also recover non-economic damages including pain and suffering, mental anguish, loss of enjoyment of life, and loss of consortium. Florida does not cap non-economic damages in most auto accident cases, though recent legislation has modified bad faith and damage calculation standards.
Florida does not require drivers to carry Bodily Injury Liability coverage, so many drivers lack adequate insurance. If the at-fault driver is uninsured or underinsured, you can make a claim under your own Uninsured/Underinsured Motorist coverage if you carry it. UM/UIM coverage is optional in Florida but highly recommended. You can also sue the at-fault driver personally, though collecting from an uninsured individual may be difficult.
Florida follows a modified comparative negligence system under HB 837 effective March 24, 2023. If you are found more than 50% at fault for the accident, you cannot recover any damages from other parties. If you are 50% or less at fault, your recovery is reduced by your percentage of fault. For example, if you are 25% at fault and have $100,000 in damages, you would recover $75,000.
Generally, no. Initial settlement offers from insurance companies are typically much lower than the full value of your claim. Insurers are motivated to minimize payouts. Before accepting any offer, ensure you have reached Maximum Medical Improvement and understand the full extent of your injuries and future medical needs. Calculate all your damages carefully and consider consulting with an attorney for serious injury cases.
Florida Statutes Section 624.155 allows you to sue an insurance company for failing to handle claims in good faith. Bad faith occurs when an insurer unreasonably delays, denies, or underpays a valid claim. Before filing a bad faith lawsuit, you must file a Civil Remedy Notice with the Florida Department of Financial Services and give the insurer 60 days to cure the violation. Successful bad faith claims can result in damages beyond policy limits.
What to Expect When Settling Auto Accident Claims in Miami
Settlement expectations for Miami auto accident claims vary dramatically based on the severity of injuries, the clarity of liability, insurance policy limits, and the quality of documentation. Understanding the typical settlement process and realistic expectations helps accident victims make informed decisions about offers and negotiations.
For property damage only claims without injuries, settlements typically cover the cost of vehicle repair or the actual cash value if the vehicle is totaled. Miami-Dade County has numerous auto body shops that can provide repair estimates. If your vehicle is repairable, the insurer should pay the reasonable cost of repairs plus rental car expenses during the repair period. For total losses, the insurer pays the fair market value of the vehicle immediately before the accident. Diminished value claims, seeking compensation for the reduced resale value of a repaired vehicle, are recognized in Florida but can be challenging to prove.
PIP claims for medical expenses and lost wages are typically processed more straightforwardly, though disputes over medical necessity and reasonableness are common. Under Florida Statutes Section 627.736, PIP insurers must pay or deny claims within 30 days of receiving proper documentation. If your medical bills exceed PIP limits of $10,000, you will need to pursue the at-fault driver's liability coverage or your own health insurance for additional expenses.
For personal injury claims that exceed PIP coverage and meet the tort threshold, settlement negotiations can be lengthy. Insurance adjusters evaluate claims based on the severity and permanence of injuries, the credibility of medical documentation, liability determinations from the crash report, witness statements, and comparable jury verdicts in Miami-Dade County. Adjusters often use software programs that calculate settlement ranges based on billing codes and injury types.
Miami juries have a reputation for being both plaintiff-friendly and defense-friendly depending on the specific case facts and neighborhood demographics. Large verdicts in serious injury cases are possible but not guaranteed. Insurance adjusters consider this litigation risk when evaluating settlement offers. Cases with clear liability and severe, well-documented injuries typically command higher settlements than cases with disputed fault or subjective soft-tissue injuries.
The settlement timeline in Miami typically follows this pattern: initial claim filing and investigation spanning one to three months; treatment completion and compilation of medical records which varies based on injury severity; demand letter submission after Maximum Medical Improvement; initial insurer response and negotiation spanning one to three months; and either settlement or litigation filing. Cases involving policy limits disputes, multiple defendants, or complex injuries may take significantly longer.
Recent Florida legislative changes, particularly HB 837, have affected settlement dynamics by reducing the statute of limitations, modifying comparative negligence rules, and changing fee structures. Insurance companies have become more aggressive in contesting claims, knowing that plaintiffs have less time to file suit and face potential bars to recovery if found more than 50% at fault.
When evaluating settlement offers, consider whether the offer covers all your economic losses including medical bills, lost wages, and future treatment; whether it fairly compensates pain and suffering; the strength of your liability case; the cost and risk of litigation; and the availability of insurance coverage to pay any judgment. Never accept a settlement until you fully understand your injuries and damages.
Miami Auto Accident Resources and Contacts
Florida Highway Patrol: For accidents on state highways, the Florida Turnpike, and Interstate 95. Obtains crash reports through FLHSMV.gov.
Troop E Southeast Florida: (305) 470-2500
Website: flhsmv.gov
Crash Report Portal: flhsmv.gov/traffic-crash-reports
Miami-Dade Police Department: For accidents on unincorporated Miami-Dade County roads.
Main Number: (305) 471-1780
Records Section for Crash Reports: (305) 471-2625
Address: 9105 NW 25th Street, Doral, FL 33172
City of Miami Police Department: For accidents within City of Miami limits.
Non-Emergency: (305) 579-6111
Records Section: (305) 603-6370
Address: 400 NW 2nd Avenue, Miami, FL 33128
Miami Beach Police Department: For accidents within Miami Beach city limits.
Non-Emergency: (305) 673-7900
Address: 1100 Washington Avenue, Miami Beach, FL 33139
Florida Department of Highway Safety and Motor Vehicles: State agency handling driver licenses, vehicle registration, and crash reports.
Website: flhsmv.gov
Crash Report Portal: flhsmv.gov/traffic-crash-reports
Customer Service: (850) 617-2000
Florida Department of Financial Services Insurance Regulation: Handles complaints against insurance companies and bad faith Civil Remedy Notices.
Consumer Helpline: 1-877-693-5236
Website: myfloridacfo.com/division/consumers
Civil Remedy Notice Filing: myfloridacfo.com/division/consumers/understandingcoverage/civilremedy
Miami-Dade County Courthouse Eleventh Judicial Circuit: Handles civil litigation including auto accident lawsuits.
Address: 73 West Flagler Street, Miami, FL 33130
Phone: (305) 275-1155
Website: jud11.flcourts.org
Miami-Dade County Small Claims Court: For claims up to $8,000.
Filing locations at main courthouse and branch courthouses
Phone: (305) 275-1155
Jackson Memorial Hospital Ryder Trauma Center: Level 1 trauma center for serious accident injuries.
Address: 1611 NW 12th Avenue, Miami, FL 33136
Phone: (305) 585-1111
Emergency: 911
Florida Bar Lawyer Referral Service: Referrals to attorneys handling auto accident cases.
Phone: 1-800-342-8011
Website: floridabar.org/public/lrs
Legal Services of Greater Miami: Free legal assistance for income-eligible residents.
Phone: (305) 576-0080
Website: legalservicesmiami.org
The Insurance Checkmate Strategy
Documentation is Your Weapon
Police reports, photos, medical bills, repair estimates… gather everything.
Time is Money (Literally)
Most states have deadlines for insurance responses. Know them.
Calculate Everything
Property damage, medical bills, lost wages, pain and suffering… don't miss a thing.
The Insurance Company's Playbook
Many states have 'bad faith' laws that penalize insurance companies for unreasonable delays or lowball offers.
Florida Auto Accident Claims Laws
Applicable Laws
- Florida Statutes § 627.730 (No-Fault)
- Florida PIP Law
Small Claims Limit
$8,000
Consumer Protection Agency
Florida Office of Insurance Regulation
Insurance Battle FAQ
When should I send a demand letter?
Once you understand your full damages and the insurance company's offer is clearly inadequate. Wait until medical treatment is complete if injuries are involved.
What if they still lowball me?
Document everything, escalate to a supervisor, file a complaint with your state insurance commissioner, or consult a personal injury attorney.
Should I accept their first offer?
Almost never. First offers are typically low. They expect negotiation. Counter with documented evidence of your actual damages.
What damages can I claim?
Vehicle repairs or replacement, medical bills, lost wages, rental car costs, and potentially pain and suffering for injuries.
How long do I have to file a claim?
Statute of limitations varies by state, typically 2-6 years. But delayed claims are harder to prove. File as soon as possible.
What if the other driver is uninsured?
Check if you have uninsured motorist coverage. You may also sue the driver directly, though collecting may be difficult.
Do I need a lawyer for auto claims?
For minor fender-benders, probably not. For injuries, significant damage, or disputed liability, legal help often increases your recovery.
About FreeDemandLetter
FreeDemandLetter provides free, AI-powered demand letter generation with location-specific legal citations. Our content is reviewed by subject matter specialists and regularly updated to reflect current laws. We help thousands of people resolve disputes effectively—but we're not lawyers, and this isn't legal advice. For complex situations, consult a licensed attorney in your jurisdiction.
Ready for Fair Compensation?
Don't let the insurance company take advantage of you. Demand what you're owed.
Generate Your Demand Letter Now