Being involved in a car accident is stressful and overwhelming. What you do in the minutes and hours following a crash can significantly impact your safety, legal rights, and ability to recover fair compensation. This comprehensive guide walks you through every critical step to take after a car accident in Florida.
Immediate Steps: At the Accident Scene
Stop Immediately and Check for Injuries
Florida law requires you to stop after any accident. Leaving the scene is a serious crime (hit and run), punishable by fines, license suspension, or even jail time.
- Check yourself and passengers for injuries
- Do NOT move injured persons unless there's immediate danger (fire, traffic)
- Turn on hazard lights and set up warning triangles/flares if safe
Call 911 Immediately If Anyone Is Injured
Always call 911 if there are ANY injuries, no matter how minor they seem. Some injuries (whiplash, internal bleeding, concussions) may not be immediately apparent.
Florida PIP Insurance Requirement: You must seek medical treatment within 14 days to qualify for full PIP coverage ($10,000). Waiting can reduce your coverage to just $2,500.
Move to a Safe Location (If Possible)
If vehicles are drivable and there are no serious injuries, Florida law allows you to move vehicles to the shoulder or nearby parking lot to avoid blocking traffic.
- Take photos BEFORE moving vehicles (see Step 5)
- Do NOT move vehicles if anyone is injured or vehicles are not drivable
- Move to the rightmost shoulder away from traffic flow
Call the Police and File an Accident Report
Florida law requires a police report if:
- •Anyone is injured or killed
- •Any vehicle must be towed from the scene
- •Property damage appears to exceed $500
Pro Tip: Even if not legally required, getting a police report helps document the accident and can be crucial for insurance claims and legal action.
Document Everything with Photos and Videos
Photographic evidence is crucial for insurance claims and legal cases. Take comprehensive photos while still at the scene.
Photos to Take:
- ✓ All vehicle damage (multiple angles)
- ✓ License plates of all vehicles
- ✓ Street signs and intersection markers
- ✓ Traffic signals and road conditions
- ✓ Skid marks, debris, and final vehicle positions
- ✓ Visible injuries
- ✓ Weather conditions
- ✓ Nearby businesses/surveillance cameras
Video Documentation:
- ✓ 360-degree video of accident scene
- ✓ Narrate your version of events while recording
- ✓ Capture witness statements on video if willing
- ✓ Record damage to all vehicles involved
Exchange Information with the Other Driver
Collect the following information from all drivers involved:
Driver Information:
- • Full name
- • Phone number
- • Home address
- • Driver's license number
- • License plate number
Insurance Information:
- • Insurance company name
- • Policy number
- • Contact number for insurer
- • Photo of insurance card
IMPORTANT: Do NOT admit fault or apologize. Stick to factual information exchange only. Anything you say can be used against you by insurance companies.
Gather Witness Information
Independent witnesses can provide crucial evidence, especially in disputed liability cases.
- Get names and phone numbers of all witnesses
- Ask witnesses to briefly describe what they saw
- Record witness statements on your phone if they agree
- Note the location where each witness was standing
Critical Steps: Within 24-48 Hours
Seek Medical Attention Immediately
Even if you feel fine, see a doctor within 14 days. Many injuries (whiplash, concussions, internal bleeding) have delayed symptoms.
Florida's 14-Day Rule:
Under Florida law, you must receive medical treatment within 14 days to qualify for full PIP insurance coverage ($10,000). If you wait longer, coverage drops to $2,500—and insurance companies will argue your injuries aren't serious.
Where to Seek Treatment:
- • Emergency room (for serious injuries)
- • Urgent care clinic
- • Your primary care physician
- • Chiropractor or physical therapist (after initial medical evaluation)
Report the Accident to Your Insurance Company
Florida law and your insurance policy require you to report accidents promptly. However, be cautious about what you say.
DO:
- ✓ Report the accident occurred
- ✓ Provide basic facts (date, time, location)
- ✓ Give other driver's information
- ✓ File your PIP claim immediately
DON'T:
- ✗ Admit fault or apologize
- ✗ Speculate about injuries or damages
- ✗ Give recorded statements without a lawyer
- ✗ Accept early settlement offers
Keep Detailed Records
Documentation is critical for maximizing your insurance claim and potential lawsuit.
Create an Accident File with:
- ✓ Police report (get copy after 5-10 days)
- ✓ Medical records and bills
- ✓ Photos and videos from scene
- ✓ Witness contact information
- ✓ Insurance correspondence
- ✓ Repair estimates and receipts
- ✓ Lost wage documentation
- ✓ Pain journal (daily notes on symptoms)
- ✓ Prescription records
- ✓ Transportation costs to medical appointments
When to Contact a Florida Car Accident Lawyer
While minor fender-benders may not require legal representation, you should consult an experienced car accident attorney if:
Why Hire Cardinal Law?
- • No fees unless we win - contingency fee arrangement
- • Free case evaluation - understand your rights with no obligation
- • We handle insurance negotiations - maximizing your settlement
- • Southwest Florida experts - deep knowledge of Naples, Fort Myers, Lee County courts
- • Proven results - millions recovered for car accident victims
Common Mistakes to Avoid After a Florida Car Accident
Leaving the Scene
Hit-and-run is a serious crime in Florida. Always stop, even for minor accidents. Penalties include license suspension and potential jail time.
Admitting Fault
Never say "I'm sorry" or "It was my fault." Even casual apologies can be interpreted as admissions of liability by insurance companies.
Delaying Medical Treatment
Waiting more than 14 days drastically reduces your PIP coverage and allows insurance companies to claim injuries aren't serious.
Accepting Quick Settlements
Insurance companies often offer low initial settlements before you know the full extent of injuries. Never accept without consulting an attorney.
Posting on Social Media
Insurance companies monitor social media. Photos of activities can be used to dispute injury severity. Avoid posting about your accident or injuries.
Giving Recorded Statements
The other driver's insurance will request a recorded statement. Politely decline until you've consulted with an attorney.
Frequently Asked Questions
Do I need to call the police for every car accident in Florida?
Florida law requires a police report if anyone is injured, any vehicle needs towing, or property damage exceeds $500. However, it's recommended to always call police to create an official record, even for minor accidents.
What if the other driver doesn't have insurance?
Your PIP coverage will still pay for your medical expenses up to $10,000. If you have uninsured motorist (UM) coverage, you can file a claim against your own policy. You may also sue the at-fault driver personally, though collecting may be difficult if they lack assets.
How long do I have to file a lawsuit after a Florida car accident?
Florida's statute of limitations for personal injury claims is 2 years from the date of the accident (changed from 4 years in March 2023). For wrongful death, the limit is 2 years from the date of death. Missing this deadline typically bars you from recovering compensation.
Can I still recover damages if I was partially at fault?
Yes. Florida follows a comparative negligence rule, allowing you to recover damages if you're less than 51% at fault. Your compensation will be reduced by your percentage of fault. For example, if you're 30% at fault and damages are $100,000, you'd recover $70,000.
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