The moments following a motor vehicle collision are often a blur of adrenaline, confusion, and fear. In Florida, the actions you take in these initial minutes can significantly impact your physical recovery and your eventual legal claim. Knowing what to do after a car accident is the first step in building a protective shield around your rights.
At Cowen Edwards, PLLC, we act as a fierce advocate for victims, ensuring that the trauma of the crash is not followed by the trauma of an unfair insurance process.
Secure the Scene and Get Help Right Away
- Your immediate priority must always be safety. If the vehicles are in a position that endangers other drivers, move them to the shoulder or a safe location if possible.
- Check yourself and your passengers for injuries. Even if you feel fine, remember that shock can mask severe pain and internal damage.
- Call 911 immediately. In Florida, a police report is a vital piece of evidence.
- When first responders arrive, be respectful and cooperative, but stick to the facts of the incident.
- Avoid making statements that could be interpreted as admitting fault, such as saying “I am sorry” or “I did not see you.” These casual remarks can be used by insurance companies later to devalue your claim.
Document the Accident and Exchange Required Information
While the police will gather their own data, you should conduct your own thorough documentation. Florida law requires drivers involved in accidents resulting in injury or property damage to exchange information. You should collect the following from all parties involved:
- Full names and contact information
- Driver’s license numbers
- Insurance carrier names and policy numbers
- License plate numbers and vehicle descriptions
Use your phone to take high quality photos of the scene. Capture the damage to all vehicles, the position of the cars on the road, skid marks, broken glass, and any relevant traffic signs or signals. If there are witnesses, ask for their names and phone numbers. Their independent accounts of the crash can be invaluable when fighting against an insurance company that tries to shift the blame onto you.
Understand Florida’s Accident Reporting and Fault Laws
Florida has specific legal requirements that every driver must follow. You are legally obligated to report an accident immediately if it involves any injuries, death, or at least $500 in property damage. Failing to do so can lead to legal complications.
Additionally, Florida operates under a modified comparative fault system. This means that your compensation can be reduced by your percentage of fault in the accident. Furthermore, if you are found to be more than 50 percent responsible for the crash, you may be barred from recovering any damages at all. Because insurance companies are relentless in their attempts to assign fault to victims, having an assertive legal team like Cowen Edwards, PLLC is essential to safeguard your interests.
When Medical Care and Legal Guidance Matter Most
Seeking medical attention is not optional. Under Florida’s Personal Injury Protection (PIP) rules, you generally have only 14 days to seek initial medical treatment to qualify for benefits. Many injuries, such as whiplash or traumatic brain injuries, may not show symptoms for days. A prompt medical evaluation creates a clear link between the accident and your injuries.
Once your health is addressed, your next move should be contacting a personal injury attorney. Insurance companies often attempt to offer lowball settlements before the full extent of your injuries is known. Cowen Edwards provides a strong layer of protection against these unfair practices.
Our mission is to empower victims. We understand how insurance companies evaluate claims and we use that insight to litigate and negotiate tirelessly on your behalf. We are available 24/7 to stand as your shield. If you have been injured, do not navigate this complex process alone.
Image credit: // Shutterstock // New Africa