Driving is something most of us do everyday even though it is one of the most dangerous activities we perform on a daily basis. It is estimated that one in 95 people die because of a car accident.
Staying alert on the road and practicing defensive driving can help reduce risks. However, another driver’s negligence can still cause an accident. You may be stopped at a stoplight or stop sign when another vehicle hits you. An accident can also happen while turning left at a green arrow or walking in a pedestrian crosswalk.
Even if you are driving under the speed limit on a two-lane road, another driver’s mistake can cause a crash. In these situations, you may ask yourself, “What to do if someone hits your car?” or “Do I need an attorney after a car accident?”
If someone hits your car, there are critical steps to take to protect your rights.
If possible, move to a safe location and call 911 and have a plan to receive medical care. If your vehicle is still drivable, it’s best to move it to a safe location and out of traffic. While injuries may be apparent at the time of the accident, such as broken bones, lacerations, and severe trauma, other injuries such as a mild concussion, soft tissue injuries, or internal injuries may not be fully apparent. It is essential for a medical professional to evaluate you and any passengers and check for injuries.
Work with law enforcement to report the accident. The police will investigate the scene, gather statements from drivers and/or passengers, and witnesses, if there are any. The officer will then use this information to write a police report, which becomes a critical piece of information that insurance companies will take into account when determining fault.
When you speak to a police officer after an accident, stick to the facts and do not get emotional. it is crucial to not admit fault and state facts about what happened. Accidents are traumatic, stressful events and coming to a conclusion about why it occurred at the scene of the accident is premature and could hurt your claim.
According to Florida Highway Safety and Motor Vehicles, you are required to report the accident to law enforcement if the damage is over $500. Most accidents that involve nicks and even minor dents will be over $500 in 2024. FHSMV states,
“Section 316.065, Florida Statutes, requires the driver of a vehicle involved in a crash involving injury or death to a person, or at least $500 estimated vehicle or property damage to immediately contact local law enforcement. Otherwise, you can complete a “Driver Report of Traffic Crash (Self Report)” or “Driver Exchange of Information”
Further, having a police officer at the scene may help ensure your safety depending on the circumstances of the accident.
If you are able to do so, document the accident even though law enforcement already does this. Having pictures, even videos, of the accident may be relevant to your insurance claim. Pictures and video reveal details about the accident scene, including the road conditions, the other drivers’ vehicle information (license plate), traffic, stop signs, stop lights, and weather. If you see any witnesses to the accident, ask them about what they saw and get their contact information. Writing down your account of what happened may also help your claim. Your insurance company will call you once the accident is reported and having a written account of what happened may help you remember what happened. Details of the event may include time of day, location, weather, road conditions, and what the vehicles were doing prior to the accident.
There are a number of reasons that you need to notify your insurance after an accident. Even if you are not at fault for the accident, you should notify your insurance company about what happened. In Florida, personal injury protection (PIP) is used for each driver (and passengers, if applicable) because this is no-fault insurance that every driver is required to have and it covers a minimum of $10,000 of damages.
The at-fault driver may or may not be able to cover your damages and you may have underinsured or uninsured motorist coverage on your vehicle. In the event that the at-fault driver’s policy cannot cover the damages after $10,000, your insurance policy may cover you. If you are at-fault for the accident, you will need to give a statement to your insurance company about what happened.
Depending on the extent of your injuries, do not claim that you are “fine” or “injury-free” too soon. A medical professional must confirm that you are not injured before making such a statement.
Stating that you are not injured during a call with the insurance company can be risky. Whether speaking to your insurer or the other driver’s insurer, this statement may lead to a claim denial.
Most importantly, contacting an experienced trial attorney in South Florida can help protect your rights. An attorney can also guide you through the claims process fro
In order to protect your rights and have a successful claim, it is critical to have an experienced personal injury attorney represent you and your claim. A personal injury attorney knows the laws and how to protect your rights.
An attorney can help you deal with issues related to your claim.
Clayton Trial Lawyers can safeguard your rights and ensure that valuable evidence remains intact. Insurance companies often aim to take statements immediately after an accident. Therefore, it’s crucial to seek legal advice before giving such a statement.
Your attorney can advise you on issues ranging from how to make sure you are fully compensated for your vehicle to how to make sure you are getting the best medical treatment available. Contact us today for a free consultation.
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