A car accident is one of the most disorienting experiences a person can go through. In the immediate aftermath, it can be difficult to think clearly. But the steps you take in the hours and days following an accident can significantly affect your ability to recover compensation. Here is a practical guide.
Step 1: Check for Injuries and Call 911
Your safety and the safety of others comes first. Check yourself and your passengers for injuries. If anyone is injured — even if the injuries seem minor — call 911 immediately. A police report is critical evidence in a personal injury claim.
Step 2: Do Not Admit Fault
Even if you think you may have contributed to the accident, do not apologize or admit fault at the scene. Fault is a legal determination, and statements made at the scene can be used against you.
Step 3: Document the Scene
If it is safe to do so, document the accident scene thoroughly:
- —Photograph all vehicles from multiple angles
- —Photograph the road conditions, traffic signs, and any skid marks
- —Photograph any visible injuries
- —Get the names, contact information, and insurance information of all drivers involved
- —Get contact information from any witnesses
Step 4: Seek Medical Attention Immediately
Even if you feel fine, seek medical attention as soon as possible after an accident. Many serious injuries — including whiplash, concussions, and internal injuries — do not present symptoms immediately. Delaying medical treatment can both harm your health and damage your legal claim.
Step 5: Report the Accident to Your Insurance Company
Florida law requires you to report accidents to your insurance company. However, be careful about what you say. Stick to the facts and do not speculate about fault or the extent of your injuries.
Step 6: Contact an Attorney Before Giving a Recorded Statement
Insurance adjusters are trained to minimize payouts. Before giving a recorded statement to any insurance company — including your own — consult with a personal injury attorney. A single statement can significantly affect the value of your claim.
Florida's No-Fault Insurance System
Florida is a no-fault insurance state, which means your own Personal Injury Protection (PIP) insurance pays for your medical bills and lost wages regardless of who caused the accident — up to your policy limits. However, if your injuries are serious, you may be able to step outside the no-fault system and pursue a claim against the at-fault driver.
The Statute of Limitations
Florida's 2023 tort reform reduced the statute of limitations for most personal injury claims from four years to two years. Do not delay in consulting with an attorney.
If you have been injured in a car accident in Florida, contact Kate A Vincent Law Group PLLC at (786) 709-3423 for a free case review.
This article is general information about Florida law and is not legal advice. Laws change and every case is different. Speak with an attorney about your specific situation.