Traffic accidents are not only stressful but may have a devastating physical, emotional, and financial aftermath. Florida is full of residents and visitors, all of whom are involved in car accidents every day. Knowing what to do after a car accident may help your claim go smoothly.
The following steps to take after an accident can help ensure your rights as you and any loved ones involved recover. Generally, law enforcement will arrive with the paramedics and you may need further treatment at the emergency department. Here’s what to do when you get in a car accident.
It is most important to see whether anyone is injured in your vehicle and if possible, the other vehicle. If someone is hurt, call 911. Move your vehicle to a safe place on the side of the road and avoid oncoming traffic while waiting for medical professionals to arrive.
It is important to always stay in a safe place at the scene of a car accident. Even if you have been in a minor accident with seemingly little damage at the time of the event, it is critical to remain present until further steps are taken. Leaving an accident scene can lead to criminal charges, such as a hit-and-run, which could leave you with serious legal penalties that could include jail time, license suspension, and fines.
Based on Florida law, drivers must report an accident to law enforcement if there are injuries or property damage over $500.
The officer will gather details of the accident, including the other driver’s information and vehicle license plate numbers. They will also collect insurance company names, policy numbers, and vehicle identification numbers.
Additionally, the officer will take witness statements, gather contact information, and write a police report.
Insurance companies police reports to determine liability. Avoid making statements to the police that put you at-fault for the accident.
Injuries may be fully apparent after an accident or more subtle. You may not feel traumatic Brain Injuries, such as a mild concussion, in the minutes to hours after the accident. But concussions, even mild, can be dangerous and affect your quality of life. Symptoms from tissue injuries, such as whiplash, may not show up for at least a day. That is why it’s best to get evaluated even if you don’t feel injured immediately.
Even though there will be a police report, take photos of the accident scene, including any damage to property and vehicles, license plate, and other views such as the road conditions, skid marks, damaged road signs, car materials on the ground, vehicle damages, and license plates. If there are witnesses, try to get a statement about what they saw and their contact information. When there are legal disputes and claim issues, or if the police report does not correctly convey what happened, photographs and videos could be valuable pieces of additional evidence to prove your case.
To protect your rights, it’s best to avoid saying things like “I’m sorry, that was my fault.” Liability should be based on facts and evidence that the police and insurance companies collect rather than you drawing conclusions about what happened right after the accident.
Whether or not you believe the other driver was at fault, it is important to talk to your insurance company about what happened. Florida is a no-fault state and so your coverage will kick in to cover 80 percent of the medical expenses and property damages up to $10,000 at a minimum. The $10,000 PIP limit is the minimum required under Florida law. In the case that the driver does not have high enough limits to cover the accident’s damages, you may need to tap into your uninsured or underinsured motorist coverage on your policy if you have it.
While your PIP insurance will cover damages up to a point, Florida is also a comparative negligence state, meaning that drivers may share liability for the accident based on a percentage at-fault. If you are deemed 20 percent liable for the accident then your damages would be reduced to 80 percent of the total issued.
If you are not from Florida and get into a car accident, PIP insurance will not be a part of the claims process and you will need to refer to your insurance policy to understand what will be covered.
Consulting an attorney will be helpful if you are injured or if there are disputes about liability. Claims are not always straightforward because insurance companies do not want to admit fault. The driver may also provide a different version of events than your account.
A personal injury attorney deals with insurance companies every day. They understand the best way to communicate to ensure your rights are protected.
Being found at fault for an accident you did not cause can affect your driving record. It can also unnecessarily raise your insurance rates.
Clayton Trial Lawyers can protect your rights and make sure valuable evidence is not destroyed.
Often, insurance companies want to take statements immediately after an accident. Therefore, it is important to receive legal advice first. Do not provide a statement before consulting an attorney.
Your attorney can advise you on how to get full compensation for your vehicle. They can also help ensure you receive the best medical treatment available.
Contact us today for a free consultation and let us fight for the compensation you deserve.
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