Car accidents are high stress events that have physical, psychological, and practical consequences. People may experience physical trauma as well as shock immediately. Whether minor to severe, physical injuries can cause pain, discomfort, and in some cases, permanent disabilities. Further, the emotional impact of an accident may include a range of emotions that are difficult to deal with. Drivers and passengers involved in a car accident may have a fear of being in a car again and Post Traumatic Stress Disorder (PTSD) may result. If you have been injured in a car accident, you may face a host of another complications and worries, including financial worries as medical bills, the cost of property repairs, increased insurance premiums, and depending on the complexity of the case, ligation, which includes a legal claims process that could result in a loss of financial assets if you are at-fault for the accident.
Ultimately, being injured from a car accident leaves people completely overwhelmed. Recovery from a car accident is complicated and difficult as the injuries, disruption to daily life, and additional legal, logistical, and financial burdens may weigh on someone very heavily. These stressful events combine physical and emotional trauma with financial and legal burdens.
An attorney may provide legal assistance and guide you through the legal claims process so that the logistical, legal, and financial burden is not as significant as you work on recovering from the accident.
With the physical, psychological, and emotional toll that car accidents have on its victims, it can be completely difficult, if not feel impossible, to follow certain steps. The following are guidelines and do not replace speaking with an experienced car accident attorney in Florida who can help guide you through the claims process, and if necessary, legal proceedings after an accident.
It is critical to stay at the scene of the accident until authorities arrive. Depending on the severity of the accident, you may or may not be able to check the safety of others. If you suspect anyone might be injured, however minor, call 911 for medical assistance right away. Move your vehicle out of traffic so that further collisions are avoided. Sometimes, this is not possible, and law enforcement will bring a tow truck to move the vehicle(s).
Call Law Enforcement Immediately: Florida law requires drivers to report the accident to the police if there are injuries, fatalities, or significant property damage (over $500). Officers will conduct an investigation of the accident scene, including interviews with anyone involved in the accident and witnesses, if there are any. After concluding their investigation, law enforcement officers will write a police report. Obtain a copy of the accident report: You will want to review the accident report after it’s submitted. The accident reports are usually available within days of the accident and you may find it within the local law enforcement agency’s database based on a report number that the officer will make available to you either at the scene of the accident or shortly thereafter. If there are any errors in the accident report, contact the local law enforcement agency as soon as possible to correct those mistakes. Errors such as an incorrect address, incorrect insurance name, or misspelled name are easier to get corrected than disputing the narrative that the officer put down.
While the police report will mostly cover this portion of the steps to take after a car accident, it may still be in your interest to exchange names, driver’s license numbers, and insurance information with the other driver(s). Be sure to check if there were any witnesses to the accident as they may provide statements that could be crucial in determining liability. If possible, check if the witness is willing to give you his or her contact information and their view about what happened.
Taking pictures of an accident scene, including vehicle damage, road conditions, traffic signs, and any visible injuries could help your claims process as well as any legal process if attorneys become involved. Try to write down what happened. Car accidents can leave you frazzled and writing down what you remember, including details such as the date, time, location, and a description of what happened, may be very helpful later on when you are making a statement to the insurance company or working with an attorney.
If you are not taken to the hospital by ambulance after an accident or if medical personnel suggest that you are safe to return home after the accident, it’s important to seek medical evaluation as soon as possible from either your primary care provider or an urgent care facility. Some injuries, such as whiplash, may not be immediately apparent. Further, in Florida, under Personal Injury Protection (PIP) insurance, you must seek medical care within 14 days of the accident to qualify for coverage. Be sure to keep track of any medical records and bills that you receive as a result of the accident.
You will need to notify your insurance company about the accident but be careful not to speculate about what happened and do not admit fault. The insurance company will perform their own investigation about what happened and determine liability. You may provide the incident report number so the insurance company can obtain a copy of the police report. Remember that Florida is a no-fault state, meaning your own insurance (PIP) will cover up to $10,000 of your medical expenses and lost wages regardless of who is at fault. While each driver’s PIP insurance will cover their medical expenses up to a certain limit. However, if injuries are severe, you may be able to step outside the no-fault system and sue the at-fault driver.
If your car accident resulted in serious injuries and your PIP insurance of $10,000 does not cover all of your expenses, you may be able to file a personal injury lawsuit against the at-fault driver. In Florida, you generally have two years from the date of the accident to file a personal injury lawsuit unless your accident occurred prior to March 24, 2023, in which you have four years from the date of the accident. In order to file a lawsuit with damages beyond PIP, your injury must meet the serious injury threshold, which includes significant and permanent loss of an important bodily function; permanent injury; significant scarring or disfigurement; death.
Florida law allows you to pursue a claim for your vehicle’s property damage, even if your PIP does not cover it. Your coverage will vary depending on your insurance policy. Property damage liability (PDL) insurance covers damages you caused to someone else’s vehicle, while collision coverage can help repair or replace your vehicle.
Your insurance company and the other driver’s insurer may investigate the accident to determine liability. This investigation may take time after the police report so it is important to be patient. Insurance companies may request statements, documentation, or interviews from you, but if you have attorney representation, your attorney will be the contact point for the insurance companies.
When insurance companies and your attorney cannot negotiate a fair settlement for the accident, then the lawsuit will go to court. At this point, a judge or jury will determine who is at fault and what compensation is owed.
To summarize, you might be asking yourself what to do after a car accident and it’s important to do a few things to make sure you are safe and protect your legal rights. It’s crucial to stay at the scene, report the accident, document everything, seek medical attention, and notify your insurance company. An insurance claim process and legal proceedings may follow in which you will want to reach out to an experienced car accident attorney right away to review the details of your case.
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