Miami car accidents: deadlines, PIP and crash reports

Deadlines and fault rules in Miami#

Florida law, not the city, sets the deadlines. The statute of limitationsStatute of limitations. The law that sets the last day to file a lawsuit. After it passes, a court will usually dismiss the case, however strong it is. Glossary 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 explains the change.

Florida uses modified comparative faultModified comparative fault. Comparative negligence with a cut-off: once your share of blame reaches the state's bar (50% or 51%), you recover nothing. Glossary 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.

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 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 reportCrash report. The official report an officer writes after investigating a crash, with the drivers, vehicles, witnesses and the officer's notes. Glossary 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 for $10 per report, plus a $2 convenience fee per order.

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 immunitySovereign immunity. The rule that governments cannot be sued unless a law allows it. Tort claims acts allow some claims, with limits. Glossary 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 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.