While new cars come with safety technology that makes them safer, millions of car accidents occur in the U.S. every year. According to Forbes, Americans are involved in an accident every 17.9 years, which means that you can expect to be involved in three to four accidents during your life. In Florida, 400, 831 crashes were reported in 2019 alone. If you have been involved in an accident, you will likely need to deal with many issues. If you have been injured, you will also likely want torecover compensation for your losses. Following these 10 critical steps after an accident can help you to build a stronger claim so that you will be likelier to recover damages for all of your losses.
If you or a loved one were seriously injured in a motor vehicle accident in the Gainesville area, our attorneys can help. At Rush & Frisco Law, our car accident attorneys have significant experience handling all manner of motor vehicle collision cases.
Being involved in a car accident in Florida can be overwhelming for most people. After your accident, you might not know what to do. Following 10 critical steps after a Florida car accident can help you to protect your rights and potentially recover the compensation to which you should be entitled. When you know what to do after the accident at the scene and the reporting process with your insurance company and the other driver’s insurance company, you are likelier to be successful in negotiating a settlement. A personal injury attorney may recover more compensation for you than you might recover without legal help when you have been seriously injured.
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Immediately after an accident, you must stop and remain at the scene or park as near to the scene in a safe spot as possible. Check everyone for injuries and call 911. If someone is injured, provide first aid until help arrives.
When you call 911, tell the dispatcher where your accident occurred, whether anyone is injured, and whether you need the police, an ambulance, and a tow truck. Tell the exact location of your accident, including information about cross streets or highway mile markers. Tell the operator what the crash scene looks like, including information about hazards such as downed power lines or fuel leaks. Make sure to tell the dispatcher if anyone has been injured or is asking for help.
After most accidents, police officers and first responders will be sent to the accident scene if there are injuries or if they are blocking traffic. If your accident was only a fender-bender and occurred in a large city, the police will not be sent to the scene.
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If your accident happened in a city, the city’s police department will handle your case. If it occurred outside of the city limits, the sheriff’s department will be dispatched. If your accident happened on a state highway, officers from the Florida Highway State Patrol will be sent. Make sure to note which agency responds so that you know where to get a copy of the police reports.
Crash definition: The operation of a motor vehicle in the state which results in property damage, complaint of bodily injury, bodily injury or death to any person.
Some accidents do not need to be reported. Whether you are required to report your accident will depend on the damage and if anyone was injured. Under Fl. Stat. § 316.065, any accident that causes the damage of $500 or more or that involves injuries must be reported to the local police as soon as possible. If you call 911, that call satisfies the requirement. You do not need to file a separate report if an officer was sent to the scene and files a report. If your accident involved injuries or death, property damage of more than $500, was a hit-and-run, or involved a drunk driver, you must submit a crash report to the Florida Highway Patrol within 10 days if the officer does not file a report under Fl. Stat. § 316.066. You can complete and submit a crash report on the Florida Highway Safety and Motor Vehicles website.
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Police officers undergo substantial training in how to investigate accident scenes. When they are sent to an accident scene, the officers will do several things. Police officers have the authority to do the following things:
The officers are not obligated to talk to you about the contributing causes of your accident. You must provide the officer with your identifying information, including your driver’s license, registration, and insurance proof. If the officer asks you about whether you have been using drugs or have engaged in other activities that could result in criminal charges, you have the right to remain silent. The officer may issue a citation to you if he or she thinks that you violated the traffic laws. If a citation is issued, you must accept and sign it. Your signature only indicates that you will appear in court. You can contest the traffic citation at that time.
Evidence will be crucial after your accident if you have suffered injuries and property damage. You need evidence to support a claim for compensation from the at-fault driver’s insurance company. The moments immediately after your accident are important. If you can gather evidence while you are still at the scene, it can help your claim. Gather evidence can help you to show that the other driver was at fault and that the accident caused your injuries and losses. Gather the following types of information while you are at the accident scene:
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Make sure to get the names and contact information for any witness who saw what happened. Take pictures and videos of the accident scene, including the damage, weather conditions, traffic control devices, and other relevant information. Take pictures of your injuries. As soon as possible, write down what you remember from your accident and include plenty of details. Draw a diagram of the accident scene that shows the location of the vehicles before and after your accident. Write down the direction that you and the other driver were traveling and the approximate speed of each vehicle. When you video the scene, make sure that you have the sound turned on. This can help to capture any admissions about fault, insurance, and other relevant details and helps to prevent people from changing their stories later. If you can get the witnesses to write a statement that tells what they saw and heard, it can also be helpful. Ask the witness to give his or her full name and contact information and to sign any statement that he or she provides.
Florida has a no-fault insurance law that requires all drivers to carry personal injury protection on their auto insurance policies. If you are injured in an accident, you must report it to your insurance company to be compensated. Your PIP insurance will pay for your out-of-pocket expenses, lost wages, and medical bills up to your policy limits. However, you cannot recover damages for pain and suffering through your PIP insurance. Your PIP insurance will cover you, others who live in your home, or others who drive your vehicle. It also covers passengers who are injured in your accident. Under Fl. Stat. § 627.736, PIP coverage must be provided in the following minimum amounts:
While you must file a claim with your insurance company, you can also file a claim against the at-fault driver if your injuries exceed the personal injury threshold. Under Fl. Stat. § 627.737, exceeding the personal injury threshold means that one of the following circumstances have occurred:
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In addition to PIP, your auto insurance must also provide at least $10, 000 in property damage coverage. However, you are not required to use your insurance to be compensated for damage to your vehicle. You can choose to file a claim for property damage with the at-fault driver’s insurance company or with your own insurance company. You can also file a lawsuit against the other driver to recover the cost of repairs.
Your insurance policy is a legal contract between you and your insurer. The policy obligates your insurer to defend you after an accident and to provide coverage to you up to your policy limits. You are obligated to report your accident to your insurance company even if you believe the other driver was at fault. You must also cooperate with your insurance company after your accident. If you do not cooperate with your insurance company during its investigation of your accident, your policy may be canceled or your premiums may be increased.
Even if your accident was not serious, there are still several reasons why you should report it to your insurance company. If the other driver suffered injuries that fell under the threshold injury exception, he or she may file a claim with your insurance company. Cooperating with your insurance company also means you must report your accident. If you don’t, you will violate your contract.
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Some injuries may have delayed symptoms. Since the onset of symptoms can take days to appear, the other driver or passengers may
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