What To Do When You Get Rear Ended: 10 Important Steps

April 15, 2025

Car Accidents

Getting rear ended is a jarring experience, both physically and emotionally. One second you're stopped at a red light or inching through traffic, and the next, another driver slams into the back of your car. Rear-end collisions are among the most common types of car accidents in Florida, and while they may seem straightforward, the steps you take afterward can significantly impact your health, finances, and legal rights. At Casas Law, P.A., we’ve helped countless clients in West Palm Beach recover compensation after a rear ended accident. If you’re unsure what to do after being rear ended, this guide outlines the ten most important steps, plus some Florida-specific facts you should know.

1. Check for Injuries and Call 911

The very first thing to do after getting rear ended is make sure everyone is okay. It’s normal to feel a rush of adrenaline or even confusion right after a crash, so take a deep breath and look around. Are you hurt? Are your passengers okay? If anyone is injured, even slightly, call 911 right away. Even if the crash doesn’t look serious, it’s always better to be safe. Some injuries like whiplash, concussions, or soft tissue damage might not show symptoms right away. Calling 911 helps make sure medical help is on the way if needed, and it also gets law enforcement to the scene to create an official report. Why is calling the police important? In Florida, the law requires it. According to Florida Statutes § 316.065, you must report a crash to the police if it results in injury, death, or property damage of $500 or more. That’s not a high threshold, just a dented bumper or broken light could easily cost more than that. Also, the police report they create can be incredibly helpful when you file an insurance claim or take legal action. It provides an official record of what happened, who was involved, and where the accident occurred. That documentation could make a big difference in how much compensation you can recover later. What if the other driver says it’s not necessary? Don’t take their word for it. Always call the police. Sometimes drivers try to talk you out of it because they don’t have insurance or know they were at fault. Protect yourself by getting an official report.

2. Move to a Safe Location if Possible

Once you’ve checked for injuries and called 911, your next move, literally, is to get to a safe place. If your car still works and no one is badly hurt, try to pull over to the side of the road or into a nearby parking lot. The goal is to avoid blocking traffic and reduce the risk of another accident. What if my car is too damaged to move? If your car won’t start or is unsafe to drive, stay where you are, just turn on your hazard lights and stay inside the vehicle with your seatbelt on until help arrives. It’s usually safer to stay inside than to walk around on a busy road. Why does this matter in Florida? Florida has a “Move Over” law (Florida Statutes § 316.061) that encourages drivers to move their vehicles out of the way after a crash if it’s safe to do so. This helps keep traffic flowing and protects first responders who may arrive at the scene. Hazard lights are key here, turn them on as soon as possible. They let other drivers know you’re dealing with an emergency and remind them to slow down or go around you.

3. Exchange Information with the Other Driver

Once you’re in a safe spot and the immediate danger has passed, it’s time to exchange information with the other driver. This part is required by law under Florida Statutes § 316.062, and it’s crucial for both the insurance process and any legal case you might pursue. Here’s what you need to collect from the other driver:

Full name and address
Driver’s license number
Vehicle registration (license plate and vehicle ID)
Insurance company name and policy number

Should you admit fault or say you’re sorry? No, never admit fault at the scene. Even if you feel bad or think you might have done something wrong, it’s important to let the professionals figure that out. Saying something like “I’m sorry” or “I didn’t see you” can be used against you later, even if the other driver was clearly at fault. Stick to the facts and be polite. You don’t need to argue or accuse the other driver. Just gather the required info and wait for the police to arrive if they haven’t already. What if the other driver refuses to share info or drives away? Try to get their license plate number and make/model of their vehicle as quickly as possible. If you can, snap a photo of the car. Then report the hit-and-run to the police immediately. Leaving the scene of a crash is a crime in Florida.

4. Document the Scene

After you’ve exchanged information with the other driver, it’s time to gather your own evidence. Even if the police are writing a report, having your own documentation can help protect your side of the story, especially when it comes time to file a claim or prove fault. Your smartphone is an invaluable tool to help you accomplish this. What should you take photos of?

Damage to both vehicles – Capture dents, scratches, or broken parts from every angle.
Skid marks, broken glass, or debris – These can show how fast the other driver was going or where they hit you.
License plates – Snap photos of every vehicle involved, even if it’s just yours and the other driver’s.
Traffic signs, signals, and road conditions – Show whether there were stop signs, speed limits, or unusual road hazards.
The position of the vehicles – Take wide shots of how the cars ended up after the crash. This helps show how the accident occurred.

Also, write down or record the following details while they’re fresh in your mind:

The exact time and date of the accident
The location, including street names or landmarks
Weather and road conditions (Was it raining? Was visibility poor?)
Witness names and phone numbers – They might be key in proving what happened.

Why does this matter? In a rear ended accident, fault is usually clear, but not always. If the other driver claims you stopped suddenly or blames you for the crash, your photos and notes could help prove otherwise. The more information you have, the better your chances of getting full compensation.

5. Seek Medical Attention Promptly

You might feel okay after being rear ended, especially if the crash seemed minor. But don’t assume you’re in the clear, injuries from rear-end collisions often take hours or even days to show up. That’s why it’s so important to see a doctor as soon as possible, even if you think you’re fine. Why is this step so important in Florida? Florida is a no-fault state, which means your own insurance pays for your medical treatment, up to $10,000, through what’s called Personal Injury Protection (PIP). But here’s the catch: Under Florida Statutes § 627.736, you must get medical treatment within 14 days of the accident to qualify for PIP benefits. If you wait longer, your insurance company can deny coverage, even if you’re badly hurt. Common injuries in a rear ended crash include:

Whiplash – Caused by your neck snapping forward and back quickly
Concussions or other head injuries – From hitting your head or sudden jarring motion
Back and neck pain – Including herniated discs or pinched nerves
Soft tissue injuries – Like muscle strain or torn ligaments

Some injuries may seem minor at first but become serious over time. Getting checked out by a doctor not only helps you heal faster, it also creates a medical record that supports your case if you file a claim or lawsuit later. Can I use any doctor? You can visit an emergency room, urgent care clinic, or even your primary care physician, but make sure they document your injuries clearly and note that they are related to the accident.

6. Notify Your Insurance Company

After getting medical care, one of the next steps is contacting your insurance provider to report the accident. Even if the crash wasn’t your fault, you still need to let them know what happened, and do it quickly. What should I say to my insurance company? Be truthful, but keep it simple. Just explain the facts:

Where and when the crash happened
Who was involved
What the damage and injuries look like so far

Avoid guessing, blaming yourself, or saying things like “I think I’m okay”, because those statements can be used later to deny part of your claim. What kind of insurance coverage applies here? In Florida, drivers are required to carry:

$10,000 in PIP (Personal Injury Protection)
$10,000 in Property Damage Liability (PDL)

Your PIP covers your medical expenses and some lost wages, no matter who caused the accident. Your PDL covers the damage you might cause to someone else’s vehicle or property. What if my medical bills or car repairs cost more than that? If your injuries or damages exceed your insurance coverage, or if you suffer serious injuries, you may have the right to file a claim against the at-fault driver. This is where having an experienced attorney can make a big difference, they can help you go beyond your PIP limits and pursue full compensation for medical bills, car repairs, lost wages, and pain and suffering. When should I talk to a lawyer? It’s a good idea to speak with an attorney as soon as possible, especially if you’re unsure about your coverage, the other driver’s insurance, or what your case might be worth.

7. Don’t Sign Anything Without Legal Advice

After a rear end accident, you might get a call, letter, or even a knock on your door from the other driver’s insurance company. They may seem friendly and offer you a settlement right away, sometimes even before you’ve had a chance to see a doctor or understand how badly you’re hurt. Here’s the big warning: Don’t sign anything or give a recorded statement without first talking to a lawyer. Why? Because once you sign a settlement agreement, your case is usually closed. That means:

You give up the right to sue later.
You can’t go back and ask for more money, even if your injuries get worse.
You might be agreeing to terms that aren’t fair to you.

Insurance companies are businesses. Their goal is to pay out as little as possible. So when they offer you a quick settlement, it’s not because they’re trying to help, it’s because they hope you’ll accept a low amount and walk away. But what if I need the money now? We get it, after a crash, you might be dealing with car repairs, missed work, or medical bills. It’s tempting to take whatever you can get. But it’s worth it to slow down and speak with a qualified personal injury attorney first. A lawyer can review the offer, explain what your case is really worth, and help you fight for the compensation you deserve. Do I have to talk to the other insurance company? Not directly. Once you hire a lawyer, they can handle all communication for you. That means less stress and no chance of saying something that could hurt your case. At Casas Law, P.A., we help clients in West Palm Beach deal with insurance companies every day, and we never charge you upfront. We only get paid if we win.

8. Understand Liability in Rear-Ended Accidents

When it comes to rear ended accidents, Florida law generally assumes that the person who hit you from behind is at fault. This is based on a simple idea: drivers should always leave enough space to stop safely. If someone crashes into the back of your car, it usually means they were following too closely, driving distracted, or speeding. But is the rear driver always responsible? Not always. While the rear driver is usually presumed to be at fault, there are a few situations where they may argue that you caused or contributed to the accident. For example:

You slammed on the brakes suddenly for no reason
Your brake lights weren’t working, so they didn’t know you were stopping
You were reversing when the collision happened
You cut them off while merging or changing lanes

These arguments can complicate your case, even if they’re not true. That’s why gathering evidence and working with an attorney is so important. How can an attorney prove the other driver was at fault? A personal injury lawyer will look at several types of evidence, including:

Dashcam footage
Traffic or surveillance camera videos
Witness statements
Vehicle damage reports
Police reports
Accident reconstruction experts, if needed

This information can help show that the other driver didn’t maintain a safe following distance or wasn’t paying attention, making them responsible for your injuries and damages. What if I’m partly at fault? Florida follows a modified comparative negligence rule. That means if you’re found partially responsible for the crash, your compensation may be reduced by your percentage of fault. But here’s the key: if you’re more than 51% at fault, you can’t recover any compensation. So even if the other driver tries to say you were partly to blame, a skilled attorney can fight to keep your fault percentage low, or prove you weren’t at fault at all.

9. Track All Expenses and Keep a Journal

After getting rear ended, it’s easy to feel overwhelmed by everything you have to deal with, doctor’s appointments, car repairs, missed work, and the stress that comes with it all. That’s why keeping track of every detail matters more than you might think. When you file an insurance claim or take legal action, your case is only as strong as the evidence you can show. The more proof you have about how the accident affected your life, the better your chances of getting full compensation. Here’s what to keep track of:

Medical bills – Save receipts from every appointment, treatment, or prescription.
Repair costs – Hang on to estimates, repair invoices, and even towing or rental car bills.
Lost income – If you missed work or lost wages, ask your employer to confirm this in writing.
Travel expenses – If you had to pay for gas, parking, or rides to doctor visits, write those down too.

Should I really keep a journal? Yes, and here’s why. Your journal can help tell the full story of how the rear-ended accident impacted your daily life. This is especially important when asking for “pain and suffering” damages, which cover things like:

Ongoing pain
Emotional distress or anxiety
Trouble sleeping
Difficulty doing everyday tasks
Loss of enjoyment of life

Just take a few minutes each day to write how you’re feeling, what challenges you faced, or anything you weren’t able to do because of the accident. Even simple entries can go a long way in helping your attorney show what you’ve been through.

10. Contact a West Palm Beach Car Accident Attorney

If you’ve been rear ended in West Palm Beach, one of the smartest moves you can make is speaking with a personal injury attorney as soon as possible. While it might seem like the insurance company will “take care of everything,” that’s not always the case. In fact, insurance companies often try to minimize payouts, especially if you don’t have legal representation. Florida’s personal injury laws can be tricky to navigate on your own. A good attorney can:

Investigate the crash
Handle all communication with insurance companies
Help you get medical treatment
Calculate what your case is really worth
Fight for the compensation you deserve, inside or outside of court

At Casas Law, P.A., we’re proud to help accident victims throughout West Palm Beach and surrounding communities. We know that most people don’t plan for a car accident, and we don’t believe you should have to handle everything alone.

Why choose Casas Law?

We’re local, experienced, and know Florida’s legal system.
We’re bilingual, our team speaks English and Spanish fluently.
We never charge fees unless we win your case.

Whether your injuries are minor or serious, you deserve someone in your corner who will fight for your rights and protect your future. Don’t wait, the clock is ticking.

Florida Rear-Ended Accident Facts You Should Know

Knowing the facts can help you make smarter decisions after an accident. Here are a few important things to keep in mind if you’ve been rear ended in Florida:

Rear-end crashes are common. According to the National Highway Traffic Safety Administration (NHTSA), nearly 29% of all car accidents in the U.S. are rear-end collisions. That’s almost 1 in 3.
Florida recently changed its deadline for filing personal injury claims, shortening the statute of limitations under Florida Statutes § 95.11. If you miss this deadline, you could lose your right to file a claim, even if you have a strong case.
Comparative negligence affects your payout. Florida follows a modified comparative negligence rule, meaning your compensation will be reduced by your percentage of fault. If you’re found to be more than 51% at fault, you won’t be able to recover any damages.

Final Thoughts

Being rear-ended is more than just a minor inconvenience, it can cause lasting injuries, property damage, and financial stress. Knowing your rights and taking the proper steps after a rear-ended accident can make all the difference in your recovery. At Casas Law, P.A., we’re here to guide you every step of the way. If you or a loved one has been injured in a rear-end collision in West Palm Beach, contact us today for a free consultation. We’ll review your case, explain your options, and fight to get the compensation you deserve. Click here to learn more about our car accident services or contact us for immediate assistance.

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