It’s human nature not to want to think about things going wrong. Unfortunately, that means we can end up unprepared when problems, like an auto accident, occur. If a recent accident has left you wondering what to do when you get in a car accident, read our step-by-step guide below. Or, skip the reading and speak with an experienced Florida car accident attorney now.
Step 1: Check for Injuries and Call 911
One of the first steps to take after a car accident is to check for injuries. Assess yourself before checking other passengers in the vehicle, then check on the other people who were involved in the accident. Calling 911 should also be done at this point to get trained medical providers on the scene as soon as possible.
When Are You Legally Required to Report an Accident in Florida?
Florida, like many states, has laws about what to do after car accidents occur, including when to report the accident to the police. According to Florida Statutes 316.065, a driver involved in an accident that results in injury, death, or property damage of $500 or more must immediately notify the nearest police or sheriff’s department of the accident.
What If the Accident Seems Minor?
When you aren’t sure what to do after a minor car accident, but think calling 911 and bringing EMTs and law enforcement to the scene is a good first step—embrace that instinct. It can be hard to estimate factors like property damage or injuries at the scene. It’s far better to err on the side of caution in these cases.
Step 2: Report the Accident to Law Enforcement
With Florida reporting laws in mind, the next step in what to do after a car accident is fairly clear—report the accident to the police. When you call 911, be sure to request that the police be sent out to the scene. This will make it easier to comply with the laws and help generate a police report of the accident.
What Information Will the Police Report Include?
The police report includes information about the vehicles, drivers, weather, location, time of day, and the officer’s impression of how the accident occurred. This makes it a critical piece of evidence that can substantiate a driver’s claims down the line.
Step 3: Exchange Information With the Other Driver
Even if you think you don’t know what to do when you get in a car accident, you’ve probably heard that exchanging information with other drivers is part of the process. While that’s accurate, there are important nuances worth mentioning.
What Information Should You Collect?
If you aren’t sure what to do in a car accident, you may not know what information from the other driver is needed. The recommended information includes their name, address, contact information (including phone and email), and their insurance information.
What Should You Avoid Saying at the Scene?
Other drivers may attempt to blame you for the accident, or you may just feel horrible that an accident occurred. Regardless, do not accept the blame or apologize, as these could be used to indicate that you were at fault for the accident.
Step 4: Document the Scene
The next step in what to do after a car accident in Florida is to record the scene of the accident itself, including photos and witness statements.
Photos You Should Take
Evidence of an accident disappears in minutes—photos help preserve it. Photograph the vehicles, license plates, damage, any street signage nearby, skid marks on the road, traffic lights, and the road conditions themselves.
Witness Statements and Contact Information
There may be eyewitnesses at the scene who saw the moments before, during, and after the accident. Collecting their contact information and recording their version of the events using your phone’s recording app is essential.
Why Documentation Protects Your Claim
Photographs and eyewitness statements help corroborate your claim. They can independently verify that your story reflects reality. Without this information, a claim can be decided based on which person the jury likes more.
Step 5: Seek Medical Attention Immediately
If you have been following each step above, emergency medical services should be called to the scene to provide an initial assessment of each person involved in the accident. However, that should not be where medical attention ends.Why Medical Treatment Is Critical Under Florida PIP Law
Seeking medical treatment immediately after an accident is critical because of Florida’s PIP law. Under this law, a driver’s personal injury protection coverage only applies if they seek treatment within 14 days of the accident.
What If You Feel Fine After the Accident?
Even if the first responders give an all-clear at the scene, injuries may develop in the hours and days following an accident. Drivers and passengers should seek a second opinion from their physician or schedule a follow-up appointment.
Step 6: Notify Your Insurance Company
Filing a claim with your insurance company is one of the next steps to take after a car accident. It’s important to read and understand your insurance coverage before reaching out to file a claim. This can avoid surprises like deductibles that may appear on a declaration of coverage.
Should You Speak to the Other Driver’s Insurance Company?
Generally speaking, it’s often not necessary to speak with the other driver’s insurance company. Should the accident warrant filing a claim under the other driver’s bodily injury liability coverage, then they will need to be notified. You can better protect your claim by having a trusted attorney present with you when you do speak with them.
What Happens After You File a Claim?
After you file your claim, you may have a claims adjuster investigate the claim. You may also receive documentation indicating that the claim was approved, indicating the amount of compensation, or that the claim was denied and why.
If the compensation is lower than what’s needed or the claim is denied, speak with an experienced car accident attorney to discuss the next steps to take after a car accident.
Step 7: Understand Florida’s No-Fault Insurance System
Florida operates a unique “no-fault” insurance system where drivers can receive compensation from their insurance company regardless of whether they were at fault for the accident. This is known as personal injury protection (PIP).
What Is Personal Injury Protection (PIP)?
PIP coverage provides up to $10,000 of coverage for reasonable expenses for medically necessary treatment. However, this $10,000 limit is not the full picture. First, the $10,000 limit only applies to an emergency medical condition as declared by a licensed physician; the limit is $2,500. Also, the coverage only pays for 80% of medically necessary treatment, not the full bill. It also only covers up to 60% of lost wages as a result of the accident.
When Can You Step Outside the No-Fault System?
With so much left uncovered by Florida’s PIP coverage, it’s worth exploring what other options exist. Under Florida law, injured victims may only sue when they suffer from:
- Significant and permanent loss of an important bodily function.
- Permanent injury within a reasonable degree of medical probability, other than scarring or disfigurement.
- Significant and permanent scarring or disfigurement.
- Death.
Step 8: Contact a Florida Car Accident Lawyer
As you try to navigate what to do when you get in a car accident, it helps to have trusted advice along the way. That’s why you should contact an experienced Florida car accident lawyer after an accident.
How a Lawyer Protects Your Rights After an Accident
A trusted lawyer can provide guidance after an accident so that injured victims don’t fall into common pitfalls. They can ensure that insurance companies don’t bully injured victims, whether it’s a driver’s own insurance or the at-fault driver’s policy. Speak with a veteran Florida car accident attorney today to understand what you should do after a car accident.
