When Your Friend Caused the Crash: You’re Not “Suing Them”—You’re Using the Insurance You Both Paid For

When your friend caused the crash, you’re not “suing them”; in reality, you’re using the insurance that you both pay for.

Picture this: Your friend offers you a ride home. It’s raining. A car stops short. Your friend brakes late, and—bang—rear-end crash. You’re sore, your phone screen is shattered, and by the next morning, your neck feels like it’s been swapped with a rusted hinge.

Then comes the emotional part: “I don’t want to sue my friend.”

That reaction is normal. Most people aren’t looking for a lawsuit—they’re looking for fairness. They just want medical bills handled, missed work covered, and life put back together. Here’s the key: in most cases, a claim after a crash isn’t about “attacking” your friend personally. It’s about triggering the insurance coverage that exists for this exact situation.

And in Florida, there’s an added twist you can’t afford to ignore: the deadline to file many negligence cases was shortened. If you wait too long out of loyalty, discomfort, or hope that “it’ll work itself out,” you can lose your right to recover—no matter how reasonable you were being.

The real target is usually the insurance policy, not your friend

Auto insurance is like a fire extinguisher in the kitchen. You don’t buy it because you expect flames. You buy it because if something goes wrong, you need a tool that keeps one bad moment from burning down your finances.

When your friend causes a crash, the primary source of payment for your injuries (beyond your own PIP coverage) is typically your friend’s bodily injury liability insurance. That coverage is there so the injured person doesn’t have to chase an individual’s personal savings.

In many cases:

Your friend’s insurance company hires a defense lawyer (at the insurer’s expense).
The insurer evaluates the claim, negotiates, and pays any settlement within policy limits.
Your friend usually does not write a personal check for your medical care and lost wages.

Is it awkward? Sometimes. Is it personal? It shouldn’t be. It’s a business process with a policy number attached.

Florida’s deadlines changed: the clock moves faster than most people think

Florida recently shortened the statute of limitations for general negligence claims from four years to two years for many cases, part of the tort reform law (HB 837) that took effect March 24, 2023. (The Florida Senate)

Florida Statute 95.11 now lists “an action founded on negligence” under a two-year limitations period. (Florida Legislature)

The Florida Senate’s bill summary also explains the timing clearly: the new two-year statute of limitations applies prospectively to causes of action accruing after the bill’s effective date (March 24, 2023). (The Florida Senate)

Translation in simpler terms:

If your crash happened on or after March 24, 2023, you may have only two years to file a negligence lawsuit.
If your crash was before that date, different timing may apply—don’t assume, confirm.

And yes—sometimes you must file a lawsuit to protect your claim even if you hope it settles. Think of it like reserving a seat: you can keep negotiating, but you don’t want the “seat” to disappear because the deadline passed.

Why a lawsuit can be necessary even when nobody wants one

Insurance companies negotiate differently when a deadline is looming. If the statute of limitations expires, the insurer may have little to no incentive to offer fair money—because the legal leverage is gone.

Even when the goal is settlement, a lawsuit can be the tool that:

Preserves your rights before the deadline
Forces disclosure of key evidence (crash reports, witness info, policy details)
Moves the case forward when adjusters stall, rotate, or “re-review” endlessly

You can still care about your friend and protect yourself. Those two things can coexist.

“But I have PIP… doesn’t that cover it?”

Florida is a no-fault state, which means many people start with PIP (Personal Injury Protection) regardless of who caused the crash. PIP can help with medical bills and some wage loss up to policy limits—but it often doesn’t come close to covering a serious injury.

Also: Florida’s PIP law ties eligibility for certain benefits to getting initial medical care within 14 days of the crash. (Florida Legislature)

So even if you’re trying to “keep it casual” because it was a friend, don’t make the mistake of delaying treatment or documentation. You can be considerate and still be smart.

The friendship side: how to handle this without blowing up relationships

Here’s the honest truth: many friendships survive this just fine—especially when it’s approached the right way.

A few ways to frame it (truthfully):

“I’m not coming after you. I’m trying to use the coverage you already have.”
“My health insurance and doctors are asking how this happened. I need to handle it properly.”
“I can’t personally absorb these bills, and I don’t think you should have to either—this is why insurance exists.”

If your friend is a decent human (and most are), they’ll understand. They may even feel relieved that you’re not asking them for money directly.

Common mistakes people make when a friend caused the crash

Waiting too long because it feels disloyal
Florida’s two-year negligence deadline can sneak up fast. Waiting “to see if it gets better” is how good claims become expired claims. (Florida Legislature)
Letting the adjuster turn it into a recorded soundbite
Adjusters often call early, before you know the full extent of your injuries. Quick statements can create problems later.
Settling fast to keep things “peaceful.”
A fast settlement is often a cheap settlement. Once you sign, you usually can’t go back for more—no matter what your MRI shows later.
Not documenting the real-life impact
Missed work, canceled plans, childcare needs, pain that changes your routine—these damages don’t document themselves.

What if your friend doesn’t have enough insurance?

This happens more than people realize. Options can include:

Your own uninsured/underinsured motorist coverage (UM/UIM), if you carry it
Other available policies (depending on the situation)
A plan that targets coverage sources without unnecessarily escalating personal conflict

This is where experienced case-building matters. Insurance is layered, and the “best” path isn’t always obvious from the first phone call.

At Tucker Law, our firm gets it: most clients aren’t looking for a fight. They’re looking for someone to take the weight off their shoulders and keep the process from getting messy.

What we focus on:

Responsiveness: you shouldn’t have to chase your lawyer for updates
Hands-on guidance: clear next steps, explained in plain English
Strong case-building: the kind of documentation insurers actually respond to
Deadline protection: we track the legal clock so you don’t lose your rights by accident

We’re proud of our track record, but we never promise results—every case depends on facts, coverage, and proof. What we do promise is that we’ll take your situation seriously and build it the right way.

You can protect your health and your friendship.

Filing a claim after your friend caused a crash doesn’t make you a bad person. It makes you a person dealing with real-world consequences—medical bills, missed work, pain, and uncertainty.

The best time to get guidance is early, when the facts are fresh and the deadlines are still comfortably in front of you—especially now that Florida’s negligence statute of limitations is often just two years. (Florida Legislature)

If you’re in this situation and want straight answers without pressure, call Tucker Law at 1-800-TUCKERWINS. Our firm helps you understand your options, protect your deadlines, and pursue the coverage that’s there—without turning it into something it doesn’t need to be.