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Eight Mistakes That Weaken a Claim
- Missing the 14-day PIP window. After a car accident, you generally must get initial medical care within 14 days to receive PIP medical benefits. Fla. Stat. § 627.736(1)(a) (2026).
- Delaying or skipping treatment. Gaps in treatment give insurers a reason to argue your injuries weren't serious or weren't caused by the accident.
- Admitting fault or guessing at the scene. Under Florida's comparative fault rules, your share of fault reduces your recovery, and more than 50% bars it entirely. Fla. Stat. § 768.81(6). Stick to the facts.
- Giving a recorded statement too early. Don't give one to the other party's insurer before you understand your injuries and how the statement may be used.
- Signing broad medical authorizations. These can give an insurer access to unrelated medical history, which may be used to argue your injury was pre-existing.
- Posting on social media. Photos and comments about the accident, your injuries, or your activities can be taken out of context.
- Accepting an early settlement offer. A quick offer may not account for future treatment or lost income, and once you accept, the claim is usually over.
- Waiting too long. Most negligence claims must be filed within two years of the injury. Fla. Stat. § 95.11.
If You're Unsure What You've Already Done or Said
If you're unsure whether something you've already done or said could affect your claim, an attorney can review it with you during a free consultation.
The guides on evidence and documentation in an injury claim and how long a personal injury claim takes cover the records that support a claim and the phases a claim generally moves through.
