The moments after a car accident in Florida can be overwhelming and confusing. Your heart is racing, adrenaline is pumping, and you may not know what to do next. But the actions you take in these c...
The moments after a car accident in Florida can be overwhelming and confusing. Your heart is racing, adrenaline is pumping, and you may not know what to do next. But the actions you take in these critical first minutes and hours can significantly impact your ability to recover compensation for your injuries and protect your legal rights. Whether you've been rear-ended on I-95, involved in a T-bone collision at a Miami intersection, or sideswiped on the Palmetto Expressway, knowing exactly what steps to take can make all the difference in your case.
Step 1: Check for Injuries and Call 911
Your first priority after any car accident should always be safety. Before worrying about vehicle damage or who was at fault, take a moment to assess yourself and any passengers for injuries. Even if you feel fine initially, understand that adrenaline can mask pain and symptoms of serious injuries like whiplash, internal bleeding, or traumatic brain injury may not appear for hours or even days.
Call 911 immediately, even if the accident seems minor. In Florida, you're required by law to report any accident that results in injury, death, or property damage exceeding $500. When speaking with the dispatcher, clearly state your location, the number of vehicles involved, and whether anyone appears injured. Stay on the line until help arrives and follow any instructions given.
If you're able to move safely and your vehicle is blocking traffic, Florida law allows you to move it to the shoulder. However, if anyone is seriously injured or the vehicles cannot be moved safely, stay where you are and wait for emergency responders.
Step 2: Document Everything at the Scene
Once you've confirmed everyone is safe and help is on the way, start documenting the accident scene thoroughly. This evidence can be crucial for your insurance claim and any potential lawsuit. Use your smartphone to take photos and videos from multiple angles.
Capture images of all vehicle damage, including close-ups and wide shots showing the positions of the cars. Photograph the entire accident scene, including traffic signs, signals, road conditions, skid marks, and any debris. Take pictures of any visible injuries you or your passengers have sustained. Document weather conditions and lighting at the time of the accident.
If there are witnesses, politely ask for their contact information. Witness statements can be invaluable in establishing what really happened, especially if the other driver later changes their story. Write down their names, phone numbers, and email addresses, and ask if they'd be willing to provide a statement about what they saw.
Step 3: Exchange Information with the Other Driver
Florida law requires drivers involved in an accident to exchange certain information. Approach the other driver calmly and exchange the following details: full name and contact information, driver's license number, insurance company name and policy number, vehicle registration and license plate number, and make, model, and color of all vehicles involved.
While exchanging information, be polite but careful about what you say. Never admit fault or apologize for the accident, even if you think you may have contributed to it. Statements like "I'm so sorry" or "I didn't see you" can be used against you later by insurance companies. Stick to the facts and let the investigation determine fault.
If the other driver refuses to provide information, seems intoxicated, or becomes aggressive, don't engage. Return to your vehicle, lock the doors, and wait for police to arrive. Note the license plate number and any details you can observe safely from a distance.
Step 4: Wait for Police and Get the Report
When police arrive, they will investigate the accident scene, speak with all parties involved, and create an official accident report. This report is a critical document for your insurance claim and any legal proceedings. Be honest and thorough when speaking with officers, but again, avoid admitting fault or speculating about what happened.
Before the officers leave, ask how to obtain a copy of the accident report. In Florida, you can typically get the report from the local police department or through the Florida Highway Safety and Motor Vehicles (FLHSMV) website within a few days. The report will contain important information including the officer's observations, statements from all parties, a diagram of the accident scene, and often a preliminary determination of fault.
Make sure to get the responding officer's name and badge number, as well as the report number, so you can easily locate the report later.
Step 5: Seek Medical Attention Immediately
Even if you feel fine after the accident, seek medical attention within 24 to 48 hours. Many serious injuries, including whiplash, concussions, and internal injuries, don't show symptoms immediately. A medical professional can identify injuries you may not be aware of and create documentation that links your injuries directly to the accident.
In Florida, seeking prompt medical attention isn't just good for your health—it's essential for your legal case. Under Florida's Personal Injury Protection (PIP) insurance system, you must seek medical treatment within 14 days of the accident to qualify for PIP benefits. If you wait longer, you may lose access to up to $10,000 in medical coverage.
Be completely honest with your doctor about all symptoms you're experiencing, even if they seem minor. Document everything in your medical records, as gaps or inconsistencies can be used by insurance companies to challenge your claim later.
Step 6: Notify Your Insurance Company
Contact your insurance company to report the accident as soon as reasonably possible. Most policies require prompt notification of any accident, and failing to report could jeopardize your coverage. When you call, stick to the basic facts: when and where the accident occurred, the other driver's information, and that you're seeking medical treatment.
Be cautious about what you say during this call. Insurance adjusters, even your own, may be looking for statements they can use to minimize your claim. Don't provide a recorded statement until you've spoken with an attorney. Don't accept any settlement offers on the spot. Don't sign any documents without understanding what you're agreeing to.
Remember, insurance companies are businesses focused on their bottom line. While your agent may seem friendly, their goal is to resolve claims for as little money as possible.
Step 7: Consult with a Personal Injury Attorney
Before accepting any settlement or giving recorded statements to insurance companies, consult with an experienced Florida personal injury attorney. Most offer free initial consultations and work on a contingency fee basis, meaning you pay nothing unless you win your case.
An attorney can help you understand your rights under Florida law, calculate the true value of your claim including future medical expenses and lost wages, negotiate with insurance companies on your behalf, gather additional evidence to strengthen your case, and represent you in court if necessary.
With Florida's new 2-year statute of limitations under HB 837, time is more critical than ever. Don't wait to get legal advice—the sooner you act, the better your chances of a successful outcome.
Contact Emas Law Group Today
Being involved in a car accident is stressful, but knowing what to do can help protect your health and your legal rights. Remember to prioritize safety first, document everything, seek prompt medical attention, and consult with an attorney before accepting any settlement offers. At Emas Law Group, we've helped countless Florida accident victims recover the compensation they deserve. If you've been injured in a car accident, contact us today for a free consultation to discuss your case and learn about your options.
Frequently Asked Questions
How long do I have to file a car accident lawsuit in Florida?
Under Florida's new tort reform law (HB 837), you have only 2 years from the date of your accident to file a personal injury lawsuit. This is a significant reduction from the previous 4-year deadline, making it crucial to act quickly to protect your rights.
Should I talk to the other driver's insurance company?
You should be very cautious about speaking with the other driver's insurance company without legal representation. They may try to get you to make statements that could be used to minimize or deny your claim. It's best to consult with an attorney first.
What if the other driver doesn't have insurance?
If the at-fault driver is uninsured or underinsured, you may be able to make a claim under your own uninsured/underinsured motorist (UM/UIM) coverage if you have it. Florida doesn't require drivers to carry UM coverage, but it can be invaluable in these situations.
Do I need to see a doctor if I feel fine after the accident?
Yes, absolutely. Many injuries don't show symptoms immediately, and Florida requires you to seek treatment within 14 days to qualify for PIP benefits. A medical evaluation creates documentation linking any injuries to the accident, which is crucial for your claim.