What to Do After a Car Accident in Florida

What to Do After a Car Accident in Florida: Stay Safe and Take the Right Steps

First Things First: Stay Safe

1. Move to Safety (If You Can)

• Why is this important? Staying in the middle of traffic after an accident increases the risk of another collision. Moving to a safer spot can prevent further harm.
• How to do it:
  • If your car is drivable, steer it to the shoulder or a nearby parking lot.
  • Turn on your hazard lights to alert other drivers.
  • If your car won’t move, stay inside unless it’s unsafe, like if there’s a fire or heavy traffic approaching.

2. Check for Injuries

• Why is this step necessary? Some injuries may not be immediately visible, but they can worsen without treatment.
• What to look for:
  • Are you or your passengers experiencing pain or discomfort?
  • Is anyone bleeding, unconscious, or unable to move?
  • Check for signs of shock, such as rapid breathing, confusion, or clammy skin.
• What to do:
  • Call 911 for emergency medical help if anyone is injured.
  • Don’t move someone who is injured unless it’s necessary for their safety.

3. Call the Police

• Do I always have to call the police? In Florida, you must report accidents that involve:
  • Injuries or fatalities.
  • Significant property damage (over $500).
• Why is this helpful? A police report creates an official record of the accident. Even if the damage seems minor, it’s better to have one for your insurance or a potential legal case.

Gather Information and Document Everything

1. Exchange Information

• Full name and phone number.
• Driver’s license number.
• License plate number.
• Insurance company name and policy number.

2. Take Photos

• What to photograph:
  • Damage to all vehicles from multiple angles.
  • The accident scene, including skid marks, road signs, or any obstructions.
  • Visible injuries to yourself or others.
  • License plates and insurance cards.
• Why is this important? Photos provide clear, visual evidence that can help prove what happened and who was at fault.

3. Talk to Witnesses

• Why does this matter? Witnesses can offer an unbiased account of the events, which is helpful if there’s a dispute.
• What to ask:
  • “Did you see the accident happen?”
  • “Can you describe what you saw?”
  • “Would you be willing to speak to my insurance company or lawyer if needed?”

Call Your Insurance Company

How Florida’s No-Fault System Works

• You file a claim with your own insurance, regardless of who caused the accident.
• Personal Injury Protection (PIP) coverage pays for your medical expenses and lost wages, up to a certain limit.

What to Have Ready:

• The police report (if available).
• Photos and documentation from the scene.
• The other driver’s insurance information.

Get Checked Out by a Doctor

Why See a Doctor?

• Some injuries, like whiplash or internal bleeding, may not show symptoms right away.
• Florida law requires you to seek medical treatment within 14 days to access PIP benefits.

What to Expect:

• A doctor will check for injuries you might not notice, such as soft tissue damage or concussions.
• Your medical records will be important if you file an insurance claim or a lawsuit later.

• “What if I don’t feel hurt?” It’s still a good idea to see a doctor. Symptoms can show up days or even weeks later.
• “Does insurance cover my doctor’s visit?” Your PIP insurance should cover your medical bills, but check with your provider for details.

Frequently Asked Questions About What to Do After a Car Accident

1. “Do I need to call a lawyer?” If you were injured or the accident involved significant damage, contacting a personal injury lawyer can help you navigate insurance claims and get the compensation you deserve.
2. “What if the other driver doesn’t have insurance?” If you have uninsured motorist coverage, your insurance may cover the damages. Otherwise, consulting a lawyer can help you explore other options.
3. “Can I still file a claim if I was partially at fault?” Yes! Florida follows a comparative negligence rule, which means you can still recover damages, but the amount may be reduced based on your percentage of fault.

Know Your Rights: Navigating Florida's Car Accident Laws

Your Right to File a Lawsuit

When Can You File a Lawsuit?

• Your injuries are serious. This includes:
  • Permanent injuries (like paralysis or loss of a limb).
  • Significant and permanent scarring or disfigurement.
  • Death of a loved one in the accident.
• Your damages exceed your PIP coverage. For example:
  • Medical bills that go beyond your policy limit.
  • Lost wages that aren’t fully covered.

What Can You Recover in a Lawsuit?

• Medical expenses (current and future).
• Lost income if you can’t work because of your injuries.
• Pain and suffering, including emotional distress.
• Property damage that isn’t fully covered by insurance.

Your Right to Diminished Value Claims

What Is Diminished Value?

• Buyers may be less willing to pay top dollar for a car that’s been in an accident, even if it’s repaired perfectly.
• This loss in value can cost you thousands when you decide to sell or trade in your car.

How to File a Diminished Value Claim:

1. Check your insurance policy.
   • Some insurance policies cover diminished value, but not all.
2. Get your car appraised.
   • An independent appraiser can estimate how much value your car has lost.
3. File your claim.
   • Submit your appraisal and claim to the at-fault driver’s insurance company.

FAQs About Diminished Value Claims:

• “Can I file a diminished value claim if the accident wasn’t my fault?” Yes, but you’ll file it with the at-fault driver’s insurance, not your own.
• “Is there a time limit for filing?” Yes. In Florida, you generally have four years to file a property damage claim, including diminished value claims.

How a Personal Injury Lawyer Can Help

What a Lawyer Can Do for You:

• Explain Your Options Not sure if you can file a lawsuit or claim? A lawyer will review your case and let you know your rights.
• Handle the Paperwork Filing insurance claims, lawsuits, or diminished value claims can be time-consuming and stressful. A lawyer can take care of it for you.
• Negotiate with Insurance Companies Insurers may try to offer you less than you deserve. A lawyer can fight to get you fair compensation.
• Maximize Your Compensation A lawyer helps you consider all possible damages, from medical bills to lost wages to diminished value.

Frequently Asked Questions About Your Rights

1. “What if I was partially at fault for the accident?” Florida follows a comparative negligence rule, which means you can still recover damages even if you were partially at fault. However, your compensation will be reduced by your percentage of fault. For example, if you were 20% at fault, you can recover 80% of your damages.
2. “What’s the time limit for filing a lawsuit?”
   • Personal injury lawsuits: 2 years from the date of the accident.
   • Wrongful death lawsuits: 2 years from the date of the accident.
3. “What if the other driver doesn’t have insurance?”
   • If you have uninsured/underinsured motorist coverage, it may cover your damages.
   • Otherwise, you may need to file a lawsuit to recover compensation.
4. “Do I need a lawyer for a diminished value claim?” While you can handle it on your own, having a lawyer can make the process smoother and improve your chances of success, especially if the insurance company pushes back.

What to Do When You Get in a Car Accident: Key Points

• Keep safety first and call for help if needed.
• Collect information and take photos at the scene.
• Report the accident to your insurance company.
• See a doctor to check for injuries and protect your claim.
• Know your rights if you need additional compensation.

Why a Lawyer Can Make All the Difference

• Deal with the insurance companies
• Help you understand Florida’s laws
• Fight to get you the compensation you deserve

Contact Casas Law, P.A. Today