Florida auto accident as a Canadian: what to do in the first 24 hours

Section 01The 60-second version

The following table maps the topic across the Canadian provincial side and the Florida / US-federal side.

Florida is a no-fault state for auto insurance: each driver's own policy pays for the driver's injuries up to the policy limits, regardless of fault. The Florida-mandated minimum is 10,000 USD in PIP benefits for vehicles registered in Florida.

A Canadian snowbird in a Canadian-plated, Canadian-insured vehicle is not in the Florida PIP system. The Canadian auto policy's medical and liability provisions apply, with the policy's US extension activating the moment the vehicle crossed the border. This is normally adequate, but it interacts awkwardly with the Florida side when an at-fault Florida driver is involved.

The first 24 hours have five priorities, in order: (1) safety and 911 if anyone is injured, (2) a Florida police report if damage exceeds 500 USD or anyone is injured, (3) photographic documentation of the scene, vehicles, plates, drivers' licences, and insurance cards, (4) notification to the Canadian insurer within 24 hours by phone, and (5) medical evaluation within 14 days regardless of how minor injuries seem. Floridians have two years from the accident date to file a personal injury lawsuit (down from four years before March 2023). Snowbirds back in Canada need to act on their case before the clock runs out.

Section 02Who this guide is for

This guide is for a Canadian visitor in Florida driving a Canadian-plated, Canadian-insured vehicle, who has just been or is about to be involved in a road traffic accident. It assumes the visitor is a true non-resident on B-2 visitor status (the snowbird profile) and that the vehicle has not been re-registered in Florida.

It does not cover Canadians who relocated permanently to Florida and registered the vehicle there (a different insurance regime applies; see Florida auto insurance: PIP and PDL). It also does not cover accidents while driving a US rental car (rental car insurance and the rental contract govern; the Canadian credit-card or auto-policy rental coverage applies).

This is reference information, not legal advice. Anyone seriously injured in a Florida accident should retain a Florida-licensed personal injury attorney before negotiating with any insurer.

Section 03At the scene: the first 60 minutes

The actions in the first hour are the difference between a clean claim and a contested one.

Safety first

Move to a safe location if possible without aggravating injuries. Turn on hazard lights. Set out warning triangles or flares if available. Do not stand on a Florida interstate or US Highway lane; Florida traffic moves at high speed and secondary collisions are common.

Call 911 if anyone is injured

Florida law requires drivers to notify law enforcement immediately when an accident involves injury, fatality, hit-and-run, intoxication, or property damage of 500 USD or more. Calling 911 dispatches both EMS and the police; let the dispatcher decide which to send first. Non-injury minor accidents under 500 USD do not require police response, but a self-report is still required within 10 days.

Document everything

Photographs are the snowbird's leverage in any later dispute. Take pictures of: (1) all vehicles from multiple angles, (2) the licence plates of all vehicles, (3) the position of vehicles relative to lane markings and intersections (wider establishing shots), (4) any visible damage in close-up, (5) the road and weather conditions, (6) any visible injuries, (7) the other driver's licence and insurance card (ask politely; this is not a confrontation), (8) any street signs, traffic signals, or skid marks.

Take notes (or a voice memo) of: the time and location, the other driver's name, address, phone, insurance company, policy number, the vehicle make, model, plate, and VIN if visible, the names and contact information of any witnesses (this is critical and snowbirds routinely forget it), the responding officer's name, badge number, and crash report number.

Talk carefully

What a snowbird says at the scene matters later. Florida operates under modified comparative negligence: a driver more than 50% at fault recovers nothing from the other driver. Saying "I'm sorry" or "I didn't see them" can be construed as fault admission. The minimal correct exchange at the scene is: name, phone, licence, insurance. Save the analysis for the police report and the insurance call.

Section 04The Florida insurance landscape, briefly

Florida's auto insurance system is unusual and worth understanding before working with it.

No-fault PIP for FL-registered vehicles

Florida is one of the few US states that uses no-fault Personal Injury Protection. Every Florida-registered vehicle must carry at least 10,000 USD in PIP and 10,000 USD in PDL. PIP pays the policyholder's medical expenses (80% of reasonable and necessary medical bills) and lost wages (60% of lost wages) regardless of fault, up to the policy limit. PDL pays property damage to others' vehicles caused by the policyholder, up to the policy limit.

The 14-day rule is the trap. To collect any PIP benefits, the policyholder must seek medical treatment within 14 days of the accident. To collect the full 10,000 USD PIP limit (rather than a 2,500 USD reduced limit), the medical condition must be diagnosed as an Emergency Medical Condition (EMC) by a qualifying medical provider. Non-emergency conditions cap PIP benefits at 2,500 USD.

Canadian-plated vehicles are not in PIP

A Canadian-plated vehicle driven by a Canadian non-resident snowbird is not registered in Florida. PIP does not apply to that vehicle. The Canadian auto policy's medical, liability, and physical-damage provisions are the relevant coverage.

In a typical Canadian standard policy, the US extension provides:

• Liability coverage at the policy limit (often 1 million CAD or 2 million CAD for third-party bodily injury and property damage)
• Collision and comprehensive at the policy's deductible
• Medical payments (varies by province and policy; sometimes capped at 25,000 to 50,000 CAD)
• Uninsured motorist coverage (varies)

The at-fault Florida driver scenario

When a Florida driver is at fault for an accident with a Canadian snowbird, three layers stack:

The Canadian's Canadian policy covers the Canadian's own medical and vehicle damage as primary, the way it would in Canada.

The Florida driver's PDL (10,000 USD minimum) covers property damage to the Canadian's vehicle, but the 10,000 USD limit is often inadequate for a modern SUV or sedan.

The Florida driver's BIL (Bodily Injury Liability, optional in Florida) may or may not exist. Florida is one of two US states that does not require BIL. Many Florida drivers carry only the mandatory 10,000 USD PIP and 10,000 USD PDL, with no BIL coverage at all. A Canadian snowbird seriously injured by an at-fault Florida driver without BIL has no third-party recovery from that driver short of suing personally and collecting on personal assets.

Section 05The first 24 hours, step by step

Hour 0 to 1: at the scene

Safety, 911 if injuries, photographs, exchange of information, brief and factual conversation. The police report number (assigned by the responding officer) is the snowbird's anchor for everything that follows.

Hour 1 to 6: post-scene immediate actions

If transported to hospital, ensure the hospital records the accident as the cause of injury (this is required for the medical bills to flow through the appropriate insurance channel). Get a copy of the discharge summary.

If not transported to hospital, do not assume injury did not occur. Adrenaline masks pain for hours. Common delayed-onset injuries from Florida accidents include whiplash, soft-tissue strain, concussion symptoms, and back pain that surfaces 24 to 72 hours later. The 14-day medical evaluation window starts now.

Hour 6 to 24: notifications

Call the Canadian insurer. Most Canadian policies require notification within 24 hours of an accident, sometimes less. Use the 24-hour claims line; do not wait for business hours. The insurer will assign a claim number, advise on next steps, and begin the file. Get the adjuster's name, phone, and email.

Notify the Florida driver's insurance company if the at-fault driver was a Floridian. The other driver should have provided this at the scene. A first-notice-of-loss call to the at-fault driver's insurer establishes a third-party claim, which is the path to PDL and any BIL coverage.

Decide on legal representation. For property-damage-only claims with no injuries, most snowbirds handle the file with the Canadian insurer. For any injury claim, a Florida-licensed personal injury attorney should be consulted within the first few days. Most Florida personal injury attorneys work on contingency (no fee unless recovery), and the early consultation is free.

File the self-report if needed. If no officer responded, the snowbird has 10 days to file the HSMV 90011S Driver Self Report of Traffic Crash. The form is available from FLHSMV and is filed by email or mail. Source 5.

Day 1 to 14: medical follow-up

Even if the snowbird feels fine, a medical evaluation in the first 14 days is the single best protective action. The reasons are stacked:

• Florida's PIP 14-day rule (does not apply to Canadian-plated vehicles, but a snowbird who later turns out to need ongoing care will need a medical record dated within the first two weeks regardless of which insurance system pays)
• The Canadian insurer will require contemporaneous medical documentation for a claim
• Delayed-onset injuries often need radiology (MRI, CT) that take time to schedule
• The Florida statute of limitations starts running from the accident date, and a paper trail dated near the date strengthens any claim filed later

A walk-in medical clinic, an urgent-care facility, or a hospital outpatient department all qualify. The snowbird should keep all bills, discharge summaries, and physician notes.

Section 06Property damage to a Canadian-plated vehicle

Three pathways exist for fixing or replacing the vehicle.

The Canadian collision coverage path

If the snowbird's Canadian policy includes collision coverage, the Canadian insurer pays for repair (less the deductible) and pursues subrogation against the at-fault Florida driver if applicable. This is the cleanest path for the snowbird: one insurer, one claim, one cheque.

The at-fault Florida driver's PDL path

If the snowbird does not have collision coverage on the Canadian side (rare but possible for older vehicles), or chooses to claim against the Florida driver directly, the Florida driver's PDL (10,000 USD minimum) is the source. This is slow, often inadequate, and requires negotiating with a Florida insurer who has every incentive to delay or deny.

Total loss far from home

When the vehicle is a total loss (repair cost exceeds approximate value), the question is what to do with the wreck and the snowbird's transport home.

The Canadian insurer typically declares total loss based on a 70% to 80% damage threshold (varies by province). Once declared, the insurer takes title to the wreck (subject to the lender's interest if leased or financed) and pays out actual cash value less the deductible.

The wreck stays in Florida. The snowbird either flies home (the insurer may pay for the return trip if the policy includes a "return home" provision; many do, with limits) or rents a car for the drive back. Driving a damaged but operable vehicle home requires safety assessment by a mechanic and insurance permission.

Section 07Bodily injury and the Florida lawsuit option

Florida's statute of limitations for personal injury cases is now two years from the accident date for accidents occurring on or after March 24, 2023.

Inside that window, a Canadian snowbird can sue an at-fault Florida driver for damages exceeding the snowbird's PIP-equivalent (Canadian medical) coverage and the at-fault driver's BIL coverage. The legal threshold is the "serious injury" standard: permanent injury within reasonable medical probability, significant scarring or disfigurement, significant and permanent loss of an important bodily function, or death.

The practical reality is that Florida personal injury cases settle, mostly. Trial is rare. A Canadian snowbird with a documented injury, photographs, a police report, and contemporaneous medical records is in a reasonable settlement posture. Without those, the case is much weaker.

The 51% bar applies. If the Canadian was even slightly responsible (changing lanes without signaling, exceeding the speed limit), the recovery is reduced by the percentage of fault. If the Canadian is more than 50% responsible, recovery is zero.

Section 08Common mistakes

The first common mistake is apologizing or admitting fault at the scene. Florida's modified comparative negligence rule punishes fault percentage, and a recorded apology becomes a 5%, 10%, or larger fault assignment.

The second is not calling the Canadian insurer within 24 hours. Most Canadian policies require prompt notification, and delayed reporting can lead to a denial or reduced coverage.

The third is skipping medical evaluation because "I feel fine". Soft-tissue injuries surface in 24 to 72 hours. By then, the contemporaneous medical record window is narrowing.

The fourth is negotiating directly with the at-fault driver's insurer without legal representation when there is any injury. Florida insurance adjusters offer quick, low settlements that look generous to a Canadian unfamiliar with US medical costs and Florida tort law. Once accepted, the release closes the file forever, even if injury costs increase later.

The fifth is not filing the self-report (HSMV 90011S) when no officer responded. The 10-day statutory deadline is real. Missing it complicates the insurance claim and creates a regulatory issue.

The sixth is assuming the Florida driver has BIL coverage. Many do not. A Canadian snowbird relying on the Florida driver's BIL for serious-injury compensation may discover after the fact that there is no BIL to recover from.

The seventh is not photographing the scene, the vehicles, the plates, and the drivers' documents. Memory degrades fast. Photographs do not.

Section 09Actionable checklist

1. At the scene: ensure safety, call 911 if anyone is injured or damage exceeds 500 USD.
2. Photograph everything (vehicles, plates, position, damage, road, drivers' licences, insurance cards, witnesses' contact info).
3. Exchange contact and insurance information. Keep the conversation factual.
4. Get the responding officer's name, badge, and crash report number.
5. Within 24 hours, call the Canadian insurer's 24-hour claims line. Get a claim number and adjuster contact.
6. Within 24 hours, notify the at-fault Florida driver's insurer (first notice of loss).
7. Within 14 days, get a medical evaluation regardless of how minor injuries seem.
8. Within 10 days (if no officer responded), file HSMV 90011S Driver Self Report.
9. If injured, consult a Florida-licensed personal injury attorney within the first week. Most offer free consultations on contingency.
10. Track all expenses (medical, transportation, accommodations away from home, lost income) with receipts. These are recoverable in many policy and litigation paths.

Section 10Worked example: rear-ended on I-95 near Boca Raton

A snowbird couple is rear-ended on I-95 near Boca Raton by a Florida-registered SUV. Both vehicles drivable; the Canadian Honda CR-V has rear bumper damage, the wife reports neck pain at the scene.

At the scene. Husband moves the vehicle to the shoulder, calls 911, and confirms EMS evaluation for the wife. Florida Highway Patrol responds, files HSMV 90010S Long Form (because of injury complaint and damage above 500 USD), assigns crash report number, identifies the Florida driver as 100% at fault (rear-ended). EMS treats the wife at the scene; she declines transport to hospital but agrees to walk-in clinic visit.

Hour 4. Husband calls the Canadian insurer (TD Insurance), opens claim 23-XXXXXX, gets adjuster contact. Husband calls the Florida driver's insurer (Geico), opens first-notice-of-loss claim. Both insurers acknowledge.

Hour 8. Wife visits a Boca Raton walk-in clinic. The physician documents whiplash, prescribes muscle relaxants, refers for MRI within 7 days. Husband keeps all bills.

Day 3. Wife's MRI shows minor disc protrusion at C5-C6. The husband consults a Florida personal injury attorney through a referral; the attorney takes the case on contingency.

Day 7. TD Insurance arranges vehicle inspection in Boca Raton, declares non-total-loss with 6,200 USD repair estimate; pays repair shop directly less 500 CAD deductible.

Day 30. Geico's BIL adjuster opens negotiation. The Florida attorney handles all communication; husband and wife focus on recovery.

Month 8. Settlement reached at 47,000 USD covering the wife's medical, lost-wages-equivalent, pain and suffering. Florida attorney's contingency: 33%. Net to the snowbird family: roughly 31,500 USD.

Section 11FAQ

I had a minor fender-bender. Do I really need to involve police and insurers? If damage exceeds 500 USD or anyone has any injury complaint, yes. Below that threshold, exchange information and self-report within 10 days. The cost of over-documenting is hours; the cost of under-documenting is a possible denial of coverage.

Can I drive my damaged vehicle back to Canada? Maybe. Get a mechanic's safety check and the Canadian insurer's permission. Driving a vehicle with structural damage, lighting damage, or compromised airbags across multiple states is unsafe and can void coverage.

Will my Quebec or Ontario health card cover Florida medical bills? Minimally. RAMQ (Quebec) and OHIP (Ontario) reimburse foreign medical expenses at a small fraction of what Florida providers charge, and only after the snowbird has paid out of pocket and submitted receipts on return. Travel medical insurance and the Canadian auto policy's medical payments provision are the practical sources.

The Florida driver had no BIL. Can I sue them personally? Yes, but collection is uncertain. A Florida driver who carried only the state minimum (10,000 USD PIP, 10,000 USD PDL, no BIL) is often someone with limited personal assets. A Florida attorney will assess whether suing personally is worth the cost.

What if the at-fault driver leaves the scene (hit and run)? Call 911 immediately. The police report becomes the basis of an Uninsured Motorist claim against the snowbird's own Canadian policy. The UM/UIM provision is precisely designed for this case.

Does the Florida 14-day rule apply to me? Strictly, no, because the Canadian-plated vehicle is not in the Florida PIP system. Practically, get evaluated within 14 days anyway. The medical paper trail dated near the accident is essential for any claim.

Can I see a Canadian doctor instead? Yes, but emergency or near-term care happens in Florida by necessity. Once stabilized and back in Canada, follow-up with a Canadian primary care physician or specialist for ongoing treatment.

What about my passengers? Passengers in a Canadian-plated vehicle are covered under the Canadian policy's accident benefits provision. The Canadian insurer treats them as third-party claimants for medical expenses and as policyholders for the trip duration.

Do I need to report the accident to CBP at the border on the way home? No, unless the vehicle was repaired in the United States. Repairs done in the US must be declared to CBSA on return as imported goods (parts and labour). Emergency repairs documented by police or insurance reports are duty and tax exempt; non-emergency repairs are not.

Can I pursue the at-fault Florida driver from Canada after I return home? Yes, but the lawsuit must be filed in Florida, not Canada. A Florida personal injury attorney handles this on contingency without requiring the snowbird to be present in Florida for most procedural steps.

What if I'm at fault? Do not apologize at the scene. Notify the Canadian insurer within 24 hours. Provide the police report and let the Canadian insurer's liability adjuster handle the third-party claim from the other driver's side. The Canadian policy's third-party liability (typically 1 million CAD or 2 million CAD) is the source.

The accident happened in a Florida rental car, not my Canadian-plated vehicle. Does this guide apply? Mostly no. Rental car insurance is governed by the rental contract and the snowbird's credit-card or Canadian-policy rental rider. The medical and legal aspects (14-day window, statute of limitations, no-fault) still apply, but the insurance pathway is different.

Section 12Related articles

• Bringing your Canadian vehicle to Florida temporarily
• Florida auto insurance: PIP and PDL
• How to choose a cross-border auto carrier between Canada and Florida
• Power of Attorney for cross-border vehicle shipping
• Snowbird arrival and departure checklist
• Canadian driver's licence exchange in Florida