WHAT SHOULD I DO IF I AM INVOLVED IN AN AUTOMOBILE ACCIDENT?
1. Stay at the Scene
Do not leave. Under Florida car accident laws, you must immediately report any accident that results in injury or death, results in $500 or more in property damage, involves an intoxicated driver, or was a hit-and-run.
You may think an accident was minor. But $500 in damage is a very low threshold. Even if your car has a scratch or small dent, for example, it could be hiding more significant damage. Injuries, too, can be hidden. When adrenaline is pumping through your body, it can mask pain and some of the injuries may not be discernible.
Contact the Florida Highway Patrol or the appropriate police authority in the area of the accident. If you’re not sure who to report the accident to, call 911.
2. Check for Injuries and Seek Medical Treatment
Check to see if you or your passengers have any obvious injuries. If it is safe to do so, ask the other driver and his/her passengers if they have any injuries. Do not admit fault, apologize, or speak about anything else. A simple, “Are you injured?” is enough. Do not engage in chit-chat.
As previously mentioned, you may feel all right, but remember, this could be the adrenaline or embarrassment speaking for you. Be aware that according to Florida accident laws, you must report injuries within two weeks in order to receive compensation from your Personal Injury Protection (PIP) policy. Even if you think injuries are minor, make sure you are fully checked out at the emergency room or your regular doctor. Do so, at once
3. Report the Accident
We urge you to contact the police immediately, even if you believe the accident to have been minor. The responding officer(s) should file a report; but if they do not, you must do so. Fortunately, this is easy enough to do online. You will need a police report as you go forward with insurance, and if you need to take further legal action. Besides, you do want the at-fault driver to be cited with the accident-hence liability is established. Make sure to follow up on the ticket with the traffic division of your court so it does not get dismissed based on your failure to show up for testimony as a witness.
4. Exchange Contact Information
When there is another driver involved in the accident, try to exchange your insurance information with him/her. You do not need to provide your phone number or address; they will need to interact with your insurance company, not you directly. But consider that they may not have any insurance, so the more information you have, the better. Take photos with your phone, as well.
When speaking with the other driver, keep your conversation to a bare minimum. As mentioned, ask if anyone is injured and ask for their insurance card. That’s it. Remember, anything you say can be twisted into an admission of fault which can be used against you later in time.
5. Try to Obtain Contact Information from Witnesses
If there are any witnesses to the accident, ask if you can get their name and contact information. They may be able to help paint a more complete picture of the situation, which can come in handy. They are not compelled to give you their information, so remember to ask for it respectfully and calmly.
The responding officers will also talk to them if they remain on the scene. If they do not, however, the information you obtain can be invaluable. You may also want the police department that arrived on the scene to investigate your case, further.
6. Document the Scene
If it is safe to do so, use your phone to take pictures and/or video of the accident. Include your vehicle, other vehicles involved, visible injuries, road conditions, signs, debris, skid marks, and any other items that may have evidentiary value.
7. Contact a Lawyer
Yes, seek legal counsel even before you contact your insurance company. This is a critical step in protecting your rights, as well as your ability to pursue the compensation you deserve. Dealing with insurance companies can be challenging, and if there is a way they can escape paying you for your accident, rest assured they will do so. Your lawyer can interact with the insurance company on your behalf and provide you with essential guidance in terms of future steps to be taken.
8. Notify Your Insurance Company
After retaining a lawyer, report the accident to your insurance provider. Most insurers prefer that you report an accident within 72 hours, while many require you to do so immediately.
When speaking to an insurance representative, stick to the facts. Do not embellish, guess, or speculate. Just tell them what happened in clear terms. Your lawyer can help you prepare for a formal statement; until you have that guidance, do not proceed with that statement.
9. Stay off Social Media
Now is not the time to post about your accident. Do not say anything about it on Twitter, Facebook, Instagram, or any other social media platform.
10. Keep an Eye on Your Health
We have emphasized that, oftentimes, injuries do not present themselves at the scene of the accident. Some take hours or even days to manifest themselves. That does not mean that they are not serious. Concussions, soft tissue injuries, internal bleeding, and other injuries can worsen and cause further complications. Make sure that you have the best medical treatment possible.
Do not wait to contact a lawyer with extensive experience in Florida automobile accident laws. Remember to contact our firm at (305)661-7000.
