There are many steps to take after a car accident in Florida. Seeking medical attention is one of the most crucial.
Safety is top priority after an accident. Exchange information with the other driver, document everything and get witness statements. Be discreet and don’t say too much. Be responsible and call 911.
Stay Calm and Assess the Situation
Remain calm and assess the situation after a car accident. Check for injuries and call 911, exchange information with the other parties involved, take photos of the accident scene and any property damage, obtain a copy of the police report and contact your insurance company.
Check for Injuries and Call 911
Check for injuries, get to safety and call 911 immediately for help. According to Florida Statute 316.065, police must be called to a car accident scene when someone is injured or killed or when property damage is at least $500.
Exchange Information with the Other Parties Involved
Exchange information with the other driver or drivers. This includes names, phone numbers, driver’s license and license plate numbers and insurance information.
Take Photos of the Accident Scene and Any Property Damage
Snap pictures of the accident scene and focus on skid marks, weather conditions and traffic. Take photos of damage to the vehicles and other property.
Obtain a Copy of the Police Report
When the police arrive, an officer will make a police accident report. Ask where to obtain a copy for your records, and get the officer’s name and badge number.
Contact Your Insurance Company
Contact your insurance company immediately. Stick to the facts and explain that you’ve been in a car accident.
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Immediate Actions at the Scene
There are immediate actions to take at the scene. They include not admitting fault or discussing details of the accident, identifying and collecting witness information and preserving evidence.
Do Not Admit Fault or Discuss the Accident Details
Avoid admitting fault or discussing accident details. Even if it’s clear the other party is at fault, this can work against you legally.
Identify and Collect Witness Information
Find witnesses who saw the accident and get their names and contact information. If you file a claim, your lawyer can get their statements later.
Preserve Evidence (e.g., Dashcam Footage, Vehicle Parts)
More evidence helps to strengthen your case. Preserve everything you can such as dashcam footage, vehicle parts and other things related to the accident.
Review Your Insurance Policy for Coverage Details
Review your insurance policy for coverage details. Additional steps to take are to file a claim, seek medical care, document medical treatments and follow-up appointments, keep a record of how injuries impact daily life and consider hiring an experienced car accident lawyer.
File an Insurance Claim
It’s wise to file an insurance claim as soon as possible. This increases your chances of getting compensation for your damages.
Seek Medical Care for Any Injuries Sustained in the Accident
Car accidents often result in injuries, so it’s crucial to seek immediate medical attention. Even if you feel fine, it’s best to do this for your peace of mind. If you did suffer injuries, you can receive treatment.
Document All Medical Treatments and Follow-up Appointments
Document everything related to your medical treatments and follow-up appointments. It’s among the strongest evidence that you suffered injuries in the collision. Include copies of your medical records or an official letter from a doctor.
Keep a Record of How Injuries Impact Daily Life
Keep a journal about how your injuries have affected your daily life. This is crucial evidence to back up your car accident claim.
Consider Hiring an Experienced Car Accident Lawyer
Hire an experienced car accident lawyer if you’re considering filing an injury claim. Legal representation gives you an advantage in your case and a better chance of recovering satisfactory compensation.
Keep Track of All Expenses Related to the Accident, Including Medical Bills and Vehicle Repairs
Keep track of all accident-related expenses. This should include your medical bills and vehicle repairs, and you should document lost wages and other financial impacts.
Document Lost Wages and Other Financial Impacts
Keep documentation of your lost wages and other ways your injury has financially impacted you. This should include a letter from your employer along with a pay stub showing your regular wages. Include all invoices related to medical treatment, prescription medication, physical therapy and more.
Follow Up with Law Enforcement Officers and Insurance Adjusters for Updates on the Case
Follow up with law enforcement officers investigating the car accident to determine where the case stands. Do the same with insurance adjusters for any updates. You may want your attorney to handle contact with the latter on your behalf.
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Understand Florida’s No-Fault Insurance System
According to Florida Statute 627.7407, Florida follows a no-fault system for car accidents. This means when a car accident occurs, each driver must cover the costs of their damages through their own insurance policies.
To understand the no-fault insurance system, you must learn about personal injury protection coverage and determine if your case meets the threshold for filing a lawsuit.
Learn About Personal Injury Protection (PIP) Coverage
According to Florida Statute 627.736, all drivers must carry minimum personal injury protection (PIP) coverage with their car insurance. PIP covers up to 80% of medical expenses up to $10,000 and up to $5,000 in death benefits if someone is killed in a crash.
Determine if Your Case Meets the Threshold for Filing a Lawsuit
Sometimes, car accident damages exceed your PIP or property damage liability (PDL) coverage. Filing a lawsuit allows you to recover the remainder of compensation.
Be Aware of the Statute of Limitations
After a car accident, you must be aware of the statute of limitations. This is the time you’re allowed to file a claim or lawsuit.
Know the Time Limits for Filing Insurance Claims and Lawsuits
When filing a claim with an insurance company after a car accident, you must do so within 10 days of the incident. If you’re filing a lawsuit, according to Florida Statute 95.11, the statute of limitations for filing is two years.
Protect Your Rights and Interests
It’s crucial to protect your rights and interests after a car accident. This means being cautious when communicating with the other party’s insurer and considering getting a second opinion from a doctor.
Be Cautious When Communicating with the Other Party’s Insurance Company
The other party’s insurance company isn’t looking out for your best interests. As such, it’s wise to be cautious when communicating with an adjuster or let your attorney do it for you.
Consider Seeking a Second Medical Opinion if Necessary
If your original diagnosis seems off based on your injury symptoms, a second opinion might generate a different result. This could strengthen your claim.
Frequently Asked Questions
What Am I Entitled to After a Car Accident in Florida?
You’re entitled to compensation for your medical expenses, lost wages and earning capacity, pain and suffering and property damage after an accident.
Who Pays for Damage in a Car Accident in Florida?
Your car insurance company pays for damages after a collision. If your policy isn’t enough to properly compensate you, you can file a lawsuit against the other driver.
How Much Can You Get for Pain and Suffering in Florida?
There are no limits to how much you can get for pain and suffering in Florida. However, there’s a $50,000 cap for medical malpractice cases.
What Is the Average Settlement for a Car Accident in Florida?
The average Florida car accident settlements range from $5,000 to $30,000.
What Is the 14-Day Accident Law in Florida?
Florida’s 14-day accident law requires you to seek medical attention within 14 days after a car accident. If you fail to do this, you may forfeit compensation for your damages.
Do I Need a Lawyer After a Car Accident in Florida?
If you were in a car accident in Florida that wasn’t your fault, it’s best to retain a lawyer. This can help protect your rights.
Can I Get Money from a Car Accident in Florida?
You can recover compensation for economic and noneconomic damages after a car accident in Florida. Depending on the circumstances, you might even get punitive damages.
How Are Personal Injury Settlements Paid Out in Florida?
In Florida, after a personal injury claim is settled, your attorney receives a check from the insurance company. They will deposit the check and transfer the money directly to you.
How Much Does Your Insurance Go Up After an Accident in Florida?
If you’re at fault for an accident, your insurance premiums may increase anywhere from 22% to 77%.
Is Florida a No-Fault State?
Florida is a no-fault state.
What Happens After a Car Accident That Is Your Fault?
After a car accident where you’re at fault, you’re responsible for covering your damages through your insurance company. However, you may also face a lawsuit by the other party for damages.
Need free legal help in Florida?
We specialize in personal injury claims.