10 Steps: What to Do After a Car Accident in Florida
When you have been in a minor fender bender or a catastrophic collision, it can be a harrowing experience and feel overwhelming. You may feel unsure about how to move forward or whether it's safe for you to move around at all. Here are the 10 most important steps to help guide you on what to do and to understand the legal process that may follow.
1. Call law enforcement.
Remember, the first thing you need to do after a motor vehicle accident is to call 911 and tell them that you were involved in a car crash. It is vital that you report your injuries as well as for anyone else that was involved in the crash. This will ensure that the police and first responders arrive quickly to respond and properly assess your situation and provide any medical attention that may be needed. When they arrive on the scene, authorities can begin their investigation into who was responsible for causing this incident and including this in the accident report. The accident report can help your case when litigation begins.
2. Seek medical treatment for any bodily injuries.
After calling 911, it is crucial to get yourself checked over by paramedics or other medical professionals as soon as possible. You may need emergency care right away and, while some physical injuries sustained during a car accident may seem minor initially, they could become serious if left untreated. The first responders will need to know whether anyone sustained severe injuries during the crash, and they'll take care of getting you treated before moving forward with further treatment. If ambulatory care is not needed, you still need to see a medical provider within 14 days of the accident so it is imperative that you go to an urgent care, emergency room, doctors office or chiropractor right away.
Additionally, delaying medical attention could weaken your claim, so you must get the treatment you need and attend all of your follow-up appointments with your doctors and therapists treating your condition.
3. Gather and protect evidence at the accident scene.
If possible, and if you are physically able, take photos of the scene before leaving it so that you have evidence that may be needed later on in your case. The more photos you take the better. Make sure to document everything, including damage to vehicles or property, debris, traffic signs or signals, road or weather conditions, skid marks, or injuries. These images can serve as proof of damages when filing your claim and help prove negligence when filing a lawsuit against the liable party in this case.
It is also essential to collect and keep records of everything related to the accident, such as police reports, driver's license numbers, vehicle registration numbers, insurance policy information, contact numbers, and witness names.
4. Obtain witness statements.
After calling 911, make sure to get every witness's name and phone number present during the accident. The police officers must ask everyone what happened, including whether they saw anything unusual leading up to the incident.
Witnesses often provide valuable insight into the cause of the accident, and their observations can help determine fault. They might also know something about the driver’s history, which could affect liability issues.
5. Contact your auto insurance company.
Once you're back at home, it's time to contact your insurance carrier and file an auto insurance claim. This will allow insurance adjusters to begin investigating the incident immediately and determine whether or not there are any other parties at fault for causing the crash. If this is determined to be true, then all responsible parties may need to pay out compensation to those injured during the accident.
You will likely receive a letter within 24 hours notifying you of the incident and requesting more information, so it's a good idea to be prepared by having your insurance card and other documentation ready when they call. If you don't understand your insurance policy or need additional information, your insurance agent should be able to answer your questions.
6. Find out what auto insurance coverage is available.
To drive legally within the state of Florida, all residents must carry automobile liability insurance. However, the state does not require that motorists carry Uninsured or Underinsured Motorist Insurance, which protects you in the event that another driver either does not have coverage or is not enough.
If someone hits you without insurance coverage, you will want to know whether you have Underinsured Motorist (UM) or Uninsured Motorist (UIM) coverage. These coverages can protect you if an uninsured driver hits you and could pay out money based on the amount in damages caused by the other person's negligent actions.
7. Attend all medical appointments and be consistent with your treatment plan.
It is important that you seek medical attention as soon as possible after an accident. You will not be able to tell how serious your injuries are until you see a doctor, and even minor cuts and bruises can become infected if left untreated.
It is also important to follow up regularly with your physicians or medical providers throughout your recovery process, even when you are feeling better, because some conditions require ongoing care. By being diligent about your medical care, you can strengthen your personal injury claim by showing that you are aware of your injuries and are taking steps to address them and recover.
8. Keep a record of your injuries, medical care, and recovery process.
Your doctors and therapists will keep records on your visits and treatment process, but it is important to keep your own records, too. This includes any notes from your therapist about your progress, medical records, medications prescribed for pain relief, test results, and any physical limitations you may experience due to your injuries. If you feel like something isn't working for you, it is important to record it and make a note of why.
You should also write down dates when you start feeling better and when symptoms return. This helps you remember exactly where you've been hurt and when things started getting better.
9. Call an experienced personal injury attorney.
When you've been involved in an automobile accident, you may be having a difficult time and feel overwhelmed by the process of dealing with the legal system. The best way to protect yourself from being taken advantage of by insurance companies is to get legal representation as early as possible. An experienced attorney will help to ensure that all claims are properly documented and filed so they meet the procedural and state law requirements within Florida and, more specifically, within your jurisdiction.
In a recent case from the state's Third District Court of Appeals, State Farm Mut. Auto. Ins. Co. v. Gonzalez (No. 3D14-2290), the court determined that the insured person did not follow the proper filing procedures and could not be compensated for their Med-Pay bills. A skilled and knowledgeable lawyer can assist you in understanding the legal procedures involved in pursuing your claim. Ultimately, your attorney can advise you on the best way to proceed and will work hard to ensure that you get paid for your losses.
10. Understand potential pitfalls and counterarguments that could affect your case.
When dealing with a large corporation such as an insurance company, there are several possible defenses that they might use against you to avoid paying out on a settlement. For example, they might argue that you weren't wearing your seatbelt, that you were speeding or texting while driving, or that you didn't follow the law properly. These counterarguments aren't always valid since these companies are responsible for making sure that they protect the interests of their driver and corporation.
In the state of Florida, determining fault is a vital element in your case. With Florida's pure comparative negligence laws, each party is held liable for their role in the accident. If you played a role in the crash, it might reduce the amount of compensation you receive and, if you are uninformed on these specific statutes, it could be a potential pitfall in settling your claim. For all of these reasons, it is important to hire a knowledgeable lawyer who specializes in these kinds of claims and understands which arguments work best against each type of defense.
