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By: Morey Law Firm

September 3, 2024

Steps to Take After a Car Accident in Florida

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Steps to Take Following a Car Accident in Florida

Being involved in a car accident can be a disorienting and stressful experience. As Florida attorneys based in Orlando, we’ve guided numerous clients through the aftermath of vehicular collisions across the Sunshine State. Understanding the proper steps to take immediately following an accident can significantly impact your physical recovery and the strength of any potential legal claim. This guide outlines essential actions to protect your health, rights, and financial interests after a car accident in Florida.

Immediate Steps at the Accident Scene

Your actions in the moments following a car accident are crucial. Here’s what you should do:

  1. Ensure Safety First
    • Move to a safe area if possible, away from traffic
    • Turn on hazard lights to alert other drivers
    • Check yourself and passengers for injuries
  2. Call 911
    • Report the accident to law enforcement
    • Request medical assistance if there are any injuries
  3. Document the Accident
    • Take photos of vehicle damage, injuries, and the accident scene
    • Gather contact and insurance information from all involved parties
    • Collect contact details from any witnesses
  4. Avoid Admitting Fault
    • Be cautious in your statements to other drivers and police
    • Stick to factual information when describing the accident

Remember, your safety and the safety of others should always be your primary concern. Once you’ve addressed immediate safety needs, focus on gathering as much information as possible about the accident.

Seeking Medical Attention

Even if you feel fine immediately after the accident, it’s crucial to seek medical attention promptly. Some injuries, particularly those involving soft tissue or internal organs, may not be immediately apparent. Here’s why medical care is vital:

  • Prompt treatment can prevent injuries from worsening
  • Medical records serve as crucial evidence in personal injury claims
  • Some injuries, like whiplash, may have delayed onset symptoms

Florida law requires you to seek medical treatment within 14 days of an auto accident to qualify for Personal Injury Protection (PIP) benefits. However, we recommend getting checked out as soon as possible after the incident.

Notifying Your Car Insurance Company

Inform your insurance company about the accident as soon as possible. Most policies require prompt notification and cooperation. When speaking with your insurer:

  • Provide factual information about the accident
  • Avoid speculation or admitting fault
  • Be cautious about giving recorded statements without legal advice
  • Don’t accept a quick settlement offer without understanding the full extent of your injuries and damages

Remember, insurance companies aim to minimize payouts. It is important that you understand your car insurance coverages. It’s often beneficial to consult with a Florida car accident attorney before engaging in detailed discussions or accepting any offers from insurers.

Preserve Evidence of the Auto Accident

Preserving evidence is crucial for building a strong case. In addition to the information gathered at the accident scene, consider the following:

  • Keep all medical records and bills related to your injuries
  • Maintain a journal documenting your injuries and recovery process
  • Save receipts for any expenses incurred due to the accident
  • Preserve damaged personal items as evidence
  • Obtain a copy of the police report

The more evidence you can gather and preserve, the stronger your position will be when seeking compensation for your injuries and losses.

Understanding Florida’s No-Fault Insurance System

Florida operates under a no-fault insurance system, which can be confusing for many accident victims. Here’s what you need to know:

  • Your own Personal Injury Protection (PIP) coverage pays for 80% of your medical bills and 60% of lost wages, up to your policy limit, regardless of who caused the accident
  • To pursue a claim against the at-fault driver, your injuries must meet Florida’s “serious injury” threshold
  • You have two years from the date of the accident to file a personal injury lawsuit in Florida

Navigating this system can be challenging, especially while recovering from injuries. That’s why many Floridians choose to work with experienced car accident attorneys who understand the intricacies of state laws.

It’s important to note that while PIP coverage is mandatory, it may not be sufficient to cover all your expenses in the event of a serious accident. The minimum required PIP coverage in Florida is $10,000, which can be quickly exhausted in cases involving significant injuries or extended medical treatment. Additionally, PIP coverage does not compensate for pain and suffering or other non-economic damages.

Understanding the limitations of PIP coverage is crucial for Florida drivers. Many opt to purchase additional coverage, such as bodily injury liability or uninsured/underinsured motorist coverage, to provide extra protection. These additional coverages can help fill the gaps left by basic PIP insurance, offering more comprehensive protection in the event of a serious accident.

When to Consider Hiring an Accident Attorney

While not every car accident requires an attorney, certain situations benefit greatly from legal guidance. Consider consulting a Florida car accident lawyer if:

  • You’ve suffered severe injuries
  • Fault for the accident is disputed
  • The accident involved multiple parties
  • You’re facing significant medical bills or lost wages
  • The insurance company is offering a low settlement or denying your claim

An experienced attorney can help you navigate the complex legal landscape, deal with insurance companies, and fight for the compensation you deserve.

Protecting Your Rights and Your Future

The steps you take following a car accident in Florida can significantly impact your physical recovery and financial future. By following these guidelines, you’re taking proactive steps to protect your rights and strengthen any potential legal claim.

As Orlando-based attorneys serving clients throughout Florida, we’ve seen how proper handling of the post-accident process can make a substantial difference in the outcome of a case. From preserving crucial evidence to navigating complex insurance negotiations, each step plays a vital role in securing fair compensation for your injuries and losses.

Remember, while this guide provides general advice, every car accident case is unique. If you’ve been involved in a car accident in Florida and have questions about your rights or the claims process, don’t hesitate to reach out to experienced legal professionals. We’re here to help you navigate this challenging time and work towards the best possible outcome for your situation. Our attorneys offer a unique prospective in that not only to we pursue lawsuits against at-fault drivers, but we also provide Florida car accident defense.

By taking the right steps after a car accident, you’re not just protecting your immediate interests – you’re safeguarding your future health, wellbeing, and financial stability. Stay informed, be proactive, and don’t hesitate to seek professional guidance when needed.

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