Knowing what to do after a car accident can make a real difference. What you do at the scene, how quickly you see a doctor, and what you say to insurance companies can all affect your recovery under Florida law. Here is a practical checklist from Miami car accident lawyer Tomas Robirosa on what to do after a car accident in Florida. This article is general information, not legal advice for your specific situation.
What to Do After a Car Accident: 7 Steps at the Scene
- Check for injuries and call 911. If anyone is hurt, call 911 right away. Florida law requires drivers to report crashes that involve injuries or death, and police reports are important evidence.
- Move to safety if you can. If no one is seriously hurt and the vehicles can be moved, get out of traffic lanes and turn on your hazard lights.
- Exchange information. Get the other driver’s name, address, phone number, driver license, license plate, vehicle registration, and insurance company and policy number. Give yours as well.
- Photograph everything. Take photos and video of all vehicles, damage, license plates, the road, traffic signals, skid marks, weather, and any visible injuries.
- Talk to witnesses. Get names and phone numbers of anyone who saw the crash. Witnesses are hard to find later.
- Get the report number. Ask the officer for the report number and which agency responded, such as the local police, the sheriff’s office, or the Florida Highway Patrol. You can later request a copy through the Florida Highway Safety and Motor Vehicles crash report portal.
- Be careful what you say. Stay calm and polite, but do not argue about fault or apologize in a way that could be taken as admitting fault.
See a Doctor Within 14 Days
Getting medical care is one of the most important parts of what to do after a car accident in Florida. Under Florida’s no-fault law, your Personal Injury Protection (PIP) benefits generally pay only if you receive initial medical treatment within 14 days after the crash (see section 627.736, Florida Statutes). Every case is different, so speak with an attorney to confirm how this applies to you. Go to the emergency room, urgent care, or your doctor as soon as possible, even if you feel fine. Some injuries, such as whiplash, concussions, and back injuries, do not show symptoms right away.
How Florida PIP works- Florida drivers must carry at least $10,000 in PIP coverage.
- PIP generally pays 80% of reasonable medical expenses and 60% of lost income, up to the policy limit, no matter who caused the crash.
- If a doctor does not find an emergency medical condition, PIP medical benefits may be limited to $2,500.
Keep every record: medical bills, prescriptions, appointment notes, and receipts. Follow your doctor’s treatment plan. Gaps in treatment are often used by insurance companies to argue that you were not really hurt.
Dealing With the Insurance Companies
Dealing with insurance is a key part of what to do after a car accident, and a few mistakes can cost you.
- Notify your own insurer promptly. Most policies require you to report a crash quickly. Give the basic facts: when, where, and what vehicles were involved.
- Be careful with the other driver’s insurer. You do not have to give a recorded statement to the other driver’s insurance company. Their adjuster’s job is to pay as little as possible. Talk to a lawyer first.
- Do not rush to sign. Do not sign releases or accept a settlement before you know the full extent of your injuries and your future medical needs.
- Check your uninsured motorist coverage. Florida does not require most drivers to carry bodily injury liability insurance, so the driver who hit you may have little or no coverage. Uninsured and underinsured motorist coverage on your own policy can make a big difference.
If the Accident Was Not Your Fault
Because Florida is a no-fault state, your own PIP pays first even when the other driver caused the crash. But PIP has limits. To recover pain and suffering from the at-fault driver, Florida law generally requires a significant and permanent injury, significant and permanent scarring or disfigurement, or death.
Fault also matters because Florida uses modified comparative negligence. If you are found more than 50% at fault, you cannot recover damages from the other driver; at 50% or less, your recovery is reduced by your share of fault. Insurance companies often try to shift blame, which is why evidence from the scene is so important.
What to Do After a Car Accident in the Weeks That Follow
- Keep a simple journal of your pain, limitations, missed work, and how the injuries affect your daily life.
- Save your documents: the police report, photos, medical records, bills, and letters from insurance companies.
- Stay off social media about the crash and your injuries. Insurers look for posts they can use against you.
- Get your vehicle repair estimates and keep your rental car and towing receipts.
- Watch the deadline. For most negligence claims arising after March 24, 2023, Florida’s statute of limitations is generally two years from the date of the crash. Every case is different, so speak with an attorney to confirm the deadline that applies to you.
When to Call a Car Accident Lawyer
You may not need a lawyer for a minor fender bender with no injuries. It is a good idea to talk to one if:
- You or a passenger were hurt, especially if you need ongoing treatment.
- The other driver or their insurer blames you for the crash.
- A truck, a company vehicle, or an Uber, Lyft, or delivery driver was involved.
- The other driver has no insurance or not enough insurance.
- The insurance company is delaying, denying, or offering less than your medical bills.
Consultations with our firm are free, and car accident cases are handled on a contingency fee basis, which means there is no attorney’s fee unless there is a recovery. If you are not sure what to do after a car accident, a free consultation can help you understand your options. Learn more on our car accident lawyer page.
Frequently Asked Questions
Do I have to call the police after a minor car accident in Florida?
Florida law requires reporting crashes that involve injury or death, and law enforcement generally investigates crashes involving injuries, hit-and-run, suspected impairment, or vehicles that must be towed. Even when not required, a police report is valuable evidence, so it is usually best to call.
What to do after a car accident that was not your fault?
See a doctor as soon as possible (PIP generally requires initial treatment within 14 days), report the crash to your own insurer, keep your photos and records, and avoid giving a recorded statement to the other driver’s insurer before you talk to a lawyer. In Florida your own PIP pays first, and you may also have a claim against the at-fault driver if your injuries meet Florida’s injury threshold.
How long do I have to see a doctor after a car accident in Florida?
To use your Personal Injury Protection (PIP) benefits, you generally must receive initial medical treatment within 14 days of the crash. Every case is different, so speak with an attorney to confirm how this applies to you.
How long do I have to file a car accident lawsuit in Florida?
For most negligence claims arising after March 24, 2023, the statute of limitations is generally two years from the date of the crash. Some claims have different deadlines and every case is different, so speak with an attorney as soon as possible to confirm the deadline that applies to you.
What if the driver who hit me has no insurance?
Your own uninsured motorist coverage, if you have it, may pay for injuries caused by an uninsured or underinsured driver. Your PIP coverage also pays first regardless of fault.
Can I talk to a lawyer in Spanish?
Yes. Tomas Robirosa and our team speak Spanish and English.
DisclaimerThis article is for general information only and is not legal advice. Every situation is different, and the law can change. Do not make decisions based on this article alone. Speak with a licensed Florida attorney about your specific situation. Reading this article does not create an attorney-client relationship.
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