Car accidents seem to “just happen,” and once they have, you may be dealing with injuries, damaged property, insurance difficulties, and an overwhelming sense of confusion about how to deal with everything. Understanding the procedures to follow immediately following a car accident can both help preserve evidence essential for your claim and aid in avoiding further risks to your well-being. Put yourself and your medical needs first, then discuss fault or settlement with an insurance company.
Quick answer: After a car accident, move to safety, call 911, and get medical attention within 14 days to protect your Florida PIP benefits. Avoid admitting fault, since Florida bars recovery if you are found more than 50 percent at fault, and you generally have two years to file a claim. Document the scene, notify your insurer, and avoid signing any early settlement offer before speaking with an attorney.
Top 7 Factors to Keep in Mind After a Car Accident
After a car accident, consider several key factors.
1. Move to a Safe Place
If you can, pull out of traffic and turn on your hazards. Do not move from the accident scene unless you require an emergency medical situation or are instructed to do so by officials. Do not move if anyone is seriously injured until emergency officials have arrived.
2. Call 911
After you are involved in an accident, call 911 to report the crash, especially if anyone is injured. Police will arrive to assess the crash, and medical personnel will treat any injured individuals. Police can file an official police report of the accident, including vehicle details, how the collision occurred, where it occurred, and statements given.
3. Get Medical Attention
If your injuries don’t seem that bad, see your doctor immediately. The extent of an injured person’s injuries might not be apparent to you at the accident.
This step is especially time-sensitive in Florida. Florida is a no-fault state, and every driver is required to carry at least $10,000 in Personal Injury Protection (PIP) coverage, which pays 80 percent of your medical bills and 60 percent of lost wages regardless of who caused the crash. However, Florida law requires you to seek medical treatment within 14 days of the accident to qualify for PIP benefits at all. Waiting past that window can cost you this coverage entirely, even with a legitimate injury.
If your injuries are severe or your medical bills and lost wages exceed your PIP limits, you may be able to pursue additional compensation from the at-fault driver’s insurance, which is where an attorney’s help becomes valuable.
Do whatever your doctor tells you to do. Make note of all appointments, diagnoses, prescriptions, treatment costs, and other medical records. These will indicate what caused your injuries and how serious they are.
4. Document Accident Scene
When appropriate, take photos or video of the vehicles, roadway, injuries, traffic signs, property, and location. Always exchange your contact and insurance information with the other driver and their witness’s contact information, if you obtain it. Avoid arguing with the other driver, admitting responsibility, and providing information other than to law enforcement and medics.
This matters legally, not just tactically. Florida follows a modified comparative negligence rule: if you are found more than 50 percent at fault for the accident, you are barred from recovering any compensation at all. If you are found partially at fault at 50 percent or less, your compensation is reduced by that percentage. Even a casual apology at the scene can later be used to argue you share more of the blame than you actually do.
5. Do Contact Your Insurance Company to Report the Accident
You may need to report your injury claim to your insurance. Report to them a true picture of what happened,d but do not admit fault or the extent of what you believe the future damages may be. There is no rush to settle your injury claim. You may uncover more damages than you initially believed after treatment, investigation, etc., over time.
6. Be aware of your losses.
Keep a scrapbook of medical bills, receipts, repair estimates, insurance correspondence, wage-loss documentation, photographs, and other records of the accident. In addition to current medical bills, lost wages, future medical care, lost earning potential, and pain and suffering may also factor into a claim settlement. A car accident payout calculator in Florida, for instance, can assist you in collating various factors of an accident, including injury, pain and suffering, hospital bills, and loss of income, to receive an estimated calculation but cannot exactly predict individual claim settlements.
7. Avoid Settlement Offers
Your insurance company should contact you relatively soon after an accident. They may attempt to settle quickly before you are aware of the extent of your injuries and losses. Certain settlement terms may preclude further claims for other types of damages if you settle too early. Have an attorney review your case before you sign any release or accept a substantial offer.
When Do You Need An Auto Accident Attorney?
If you sustained serious injuries, there is an ongoing dispute over liability, more than one car was involved, or the insurance company is trying to deny your claim, it may be wise to consult with a car accident lawyer in Winter Park.
A lawyer needs to be at the accident scene, review the evidence, and understand your insurance policy limits and the extent of your injuries and/or damage. This attorney helps determine and evaluate your claim, damages, and policy limits to assess better your position for an insurance settlement or a potential lawsuit against the responsible driver(s) and/or their insurance carrier(s).
Final Thoughts
Address your health and safety concerns as well after you have been injured in a car crash. This includes calling 911, not discarding any evidence, exchanging information with other drivers, filing an official report with the government, and taking notes about the incident. Although you can offer a rough estimate, these claims are difficult to quantify and fully account for, and a car accident payout calculator in Florida can’t represent them. If you sustained injuries or have a complicated insurance issue, get legal counsel before settling; Winter Park car accident attorneys provide these services.
Keep in mind that Florida also imposes a two-year statute of limitations on most car accident negligence claims (Florida Statute § 95.11, as amended by House Bill 837), running from the date of the crash. Missing this deadline can permanently bar you from recovering compensation, no matter how strong the underlying case is, so it is worth speaking with an attorney well before that window closes.