# Miami car accidents: deadlines, PIP and crash reports

> After a Miami car accident: Florida's 2-year deadline, the 51% fault bar, PIP's 14-day rule, crash reports, city and county claims and Miami-Dade courts.

Canonical page: https://accidentclaimfacts.com/location/miami/  
Last reviewed: October 29, 2026 by the Accident Claim Facts editorial team  
General information, not legal advice. Talk to a licensed attorney in your state.

## Quick answer

In Miami you generally have 2 years from the crash to file a negligence lawsuit, and you recover nothing if you were more than half to blame. Florida is also a no-fault state: your own personal injury protection pays medical bills first, but only if you get initial care within 14 days of the crash. Miami-Dade County recorded 60,000 crashes in 2024, the most of any Florida county.

## Key facts

| Fact | Detail | Note |
|---|---|---|
| Negligence lawsuit deadline | 2 years | Fla. Stat. § 95.11(5)(a) |
| Wrongful death deadline | 2 years | From the date of death |
| Fault rule | No recovery at 51% or more | Fla. Stat. § 768.81(6) |
| Insurance system | No-fault | $10,000 of PIP required |
| PIP treatment window | Initial care within 14 days | |
| Notice to a city, county or state agency | Within 3 years | Fla. Stat. § 768.28(6) |
| Crash report | $10 | Plus $2 per online order |
| Crash deaths in Miami-Dade, 2024 | 272 | FLHSMV |

## Deadlines and fault rules in Miami

Florida law, not the city, sets the deadlines. The statute of limitations for an action founded on negligence, which covers most crash claims, is 2 years under Fla. Stat. § 95.11(5)(a). A wrongful death lawsuit must be filed within 2 years from the date of death. Florida shortened its negligence deadline in 2023, so an older crash may follow different rules; the [Florida guide](https://accidentclaimfacts.com/location/florida/) explains the change.

Florida uses modified comparative fault under Fla. Stat. § 768.81(6). Your damages are reduced by your share of fault, and at 51% or more you recover nothing. The more-than-50%-at-fault bar applies to cases filed after March 24, 2023, and does not apply to medical-negligence claims.

> **Example:** A driver turning left on Biscayne Boulevard hits you, but you were speeding. If you are found 30% at fault, you recover 70% of your proven damages. At 51%, you recover nothing.

## PIP comes first in Miami

Florida drivers must carry $10,000 of personal injury protection. PIP pays 80% of reasonable medical bills whoever caused the crash, but only if you receive initial care within 14 days. If a provider finds you did not have an emergency medical condition, PIP medical benefits are limited to $2,500.

You can step outside the no-fault system and claim pain and suffering from the at-fault driver only if the injury meets a threshold in Fla. Stat. § 627.737: significant and permanent loss of an important bodily function, a permanent injury, significant and permanent scarring or disfigurement, or death.

Census estimates for 2020-2024 show 17.9% of Miami households have no vehicle. That matters for PIP: under Fla. Stat. § 627.736(4)(e), a Florida resident hit while walking or cycling, who owns no car that needs PIP and has no PIP through a relative's policy, can claim PIP from the insurer of the car that hit them. See [who pays medical bills](https://accidentclaimfacts.com/money/who-pays-medical-bills/) for how PIP, health insurance and liability coverage fit together.

## Getting a crash report in Miami

Whether the City of Miami Police, another local agency or the Florida Highway Patrol worked your crash, the officer's long-form report goes to FLHSMV, the state's official crash record keeper. A long-form crash report is required when someone is hurt or killed, a car has to be towed, a driver left the scene or was impaired, or a commercial vehicle was involved. The officer must submit it within 10 days after finishing the investigation, and it may take up to 10 days to become available.

You can buy it through the [Florida Crash Portal](https://services.flhsmv.gov/CrashReportPurchasing/) for $10 per report, plus a $2 convenience fee per order.

> **Rule:** For 60 days after a report is filed, reports showing personal information are open only to the people involved, their lawyers, their insurers and certain agencies. To get one in person or by mail in that period, you show ID and sign a sworn statement that you will not use it to solicit crash victims (Fla. Stat. § 316.066).

## Claims against the city or county

Miami-Dade County has many separate cities, so the first question is who owns the vehicle or road: the City of Miami, another city such as Miami Beach, Miami-Dade County, or the state. Florida's waiver of sovereign immunity in Fla. Stat. § 768.28 sets the same rules for all of them:

1. **Written notice within 3 years** to the agency involved. For a state agency, notice must also go to the Florida Department of Financial Services; for a city or county, it need not.
2. **A waiting period.** You generally cannot sue until the claim is denied in writing or 6 months pass without a final decision.
3. **A lawsuit within 4 years** for negligence claims; for wrongful death, the limit stays at 2 years.
4. **Caps.** Payment is generally limited to $200,000 per person and $300,000 per incident; more usually takes a claims bill passed by the Legislature.

## Crashes in Miami-Dade County

FLHSMV's 2024 Traffic Crash Facts report counted 60,000 crashes in Miami-Dade County, with 29,359 people injured and 272 killed. The report covers crashes that meet the state's long-form reporting criteria, and FLHSMV notes that totals can change as late reports arrive.

## Where a lawsuit is filed

Under Fla. Stat. § 47.011, a lawsuit can be filed in the county where the defendant lives or where the claim arose, so a Miami crash can be heard in Miami-Dade even if the other driver lives elsewhere.

- **Miami-Dade County Court** hears civil cases up to $50,000. Claims up to $8,000, not counting costs, interest and attorney fees, can be filed as small claims.
- **Circuit Court of the Eleventh Judicial Circuit** hears larger claims.

## Finding a lawyer in Miami

The Miami-Dade Bar runs a [Lawyer Referral Service](https://www.miamidadebar.org/lawyer-referral-service/) at 1-888-305-LAW1 (5291). A $50 referral fee covers a consultation, and the bar says its panel lawyers carry malpractice insurance and are in good standing with The Florida Bar. You can confirm any lawyer's status in The Florida Bar's [member directory](https://www.floridabar.org/directories/find-mbr/).

## FAQ

### How long do I have to sue after a car accident in Miami?

Generally 2 years for a negligence claim and 2 years for wrongful death. Claims against a government body follow Fla. Stat. § 768.28, which needs written notice within 3 years.

### What is the 14-day rule for PIP in Florida?

PIP pays medical benefits only if you receive initial services and care within 14 days after the crash. Care that starts later is not covered by PIP.

### Can I sue for pain and suffering after a Miami crash?

Only if the injury meets Florida's threshold, such as a permanent injury, significant and permanent scarring, or death. Below it, a claim against the at-fault driver is generally limited to losses PIP does not cover, such as medical bills above the PIP limit.

### How do I get a crash report in Miami?

Buy it through FLHSMV's Florida Crash Portal for $10 plus a $2 order fee. During the first 60 days, only the people involved, their lawyers, insurers and certain agencies can get it.

### What is the small claims limit in Miami-Dade County?

Claims up to $8,000, not counting costs, interest and attorney fees, can be filed as small claims in Miami-Dade County Court.

## Sources

- [Florida Legislature, Florida Statutes § 627.737](https://www.flsenate.gov/Laws/Statutes/2026/627.737) — tort threshold for pain and suffering
- [Florida Legislature, Florida Statutes § 47.011](https://www.flsenate.gov/Laws/Statutes/2026/47.011) — where actions may be filed
- [Eleventh Judicial Circuit of Florida](https://www.jud11.flcourts.org/) — Miami-Dade circuit and county courts
- [Florida Legislature, Florida Statutes § 95.11(5)(a)](https://www.flsenate.gov/Laws/Statutes/2026/95.11), checked October 29, 2026
- [Florida Legislature, Florida Statutes § 627.736(1)(a)](https://www.flsenate.gov/Laws/Statutes/2026/627.736), checked October 29, 2026
- [Florida Department of Highway Safety and Motor Vehicles, Florida Traffic Crash Facts Annual Report 2024 (Traffic Crash and Injury History by County)](https://www.flhsmv.gov/pdf/crashreports/2024-Crash-Report.pdf), checked October 29, 2026
- [Florida Legislature, Florida Statutes § 95.031(1)](https://www.flsenate.gov/Laws/Statutes/2026/95.031), checked October 29, 2026
- [Florida Legislature, Florida Statutes § 768.81(6)](https://www.flsenate.gov/Laws/Statutes/2026/768.81), checked October 29, 2026
- [Florida Legislature, Florida Statutes § 768.28](https://www.flsenate.gov/Laws/Statutes/2026/768.28), checked October 29, 2026
- [Florida Department of Highway Safety and Motor Vehicles, Traffic Crash Reports](https://www.flhsmv.gov/traffic-crash-reports/), checked October 29, 2026
- [Florida Legislature, Florida Statutes § 316.066](https://www.flsenate.gov/Laws/Statutes/2026/316.066), checked October 29, 2026
- [Florida Legislature, Florida Statutes § 34.01(1)(c)](https://www.flsenate.gov/Laws/Statutes/2026/34.01), checked October 29, 2026
- [Miami-Dade Clerk of the Court and Comptroller, Small Claims](https://www.miamidadeclerk.gov/clerk/small-claims.page), checked October 29, 2026
- [Insurance Information Institute, Background on: No-fault auto insurance](https://www.iii.org/article/background-on-no-fault-auto-insurance), checked October 28, 2026
- [US Census Bureau, American Community Survey 2020-2024 5-year estimates, Table B25044 (Tenure by Vehicles Available)](https://data.census.gov/api/access/data/table?id=ACSDT5Y2024.B25044&g=160XX00US1245000), checked January 29, 2026
- [Florida Department of Highway Safety and Motor Vehicles, Florida Insurance Requirements](https://www.flhsmv.gov/insurance/), checked April 21, 2021