Auto accidents are a jarring and overwhelming experience, but knowing the steps to take immediately after can ensure your safety, help protect your legal rights and can speed up the claims process. These steps are especially important for Florida drivers to understand due to the state’s unique legal framework, including its “No-Fault” system. Florida’s law requires drivers to go to their insurance policies to pay for medical bills, no matter who caused the crash. This system can introduce added levels of intricacy to after-accident protocols, making it imperative to remain stepwise in their actions and in the know.
Ensure Safety and Call for Medical Assistance
The first and most important priority after an auto accident is ensuring everyone’s safety. Begin by assessing yourself and others for injuries. If there are serious injuries, call 911 immediately to request medical assistance. Even if injuries appear minor, err on the side of caution, and seek medical evaluation, as some conditions, such as whiplash or concussions, may not be immediately evident.
Here are five examples of injuries that might initially seem minor but warrant prompt medical evaluation due to the potential for delayed or hidden symptoms:
- Whiplash: Whiplash occurs when the neck is suddenly jerked forward and backward, often in car accidents. While initial symptoms may only include mild stiffness or soreness, the injury can lead to chronic neck pain, reduced range of motion, or long-term musculoskeletal issues if untreated. Symptoms may not fully manifest until days after the injury, making early evaluation essential for diagnosis and treatment.
- Concussions: A concussion, a type of mild traumatic brain injury, can result from a blow to the head or a jarring movement of the brain. Early symptoms might be as mild as a headache or slight dizziness, but they can progress to severe cognitive, emotional, or physical impairments. Memory loss, difficulty concentrating, or mood changes may take hours or days to develop, increasing the risk of worsening without early intervention.
- Internal Bleeding: Internal bleeding can occur after trauma to the body, such as a fall or blunt impact. Initial signs might include minor bruising or vague discomfort, but as bleeding continues, it can lead to shock, organ damage, or even death. Internal injuries are not visible and often progress silently, making immediate medical evaluation critical even if external signs appear minor.
- Soft Tissue Injuries (e.g., Sprains or Strains): Sprains and strains may seem like minor discomfort initially, but they can mask more severe ligament, tendon, or muscle damage. Without proper treatment, these injuries might lead to chronic instability or pain. Swelling and pain can increase over time, and inadequate care may result in improper healing or future complications.
- Hairline Fractures: Hairline fractures, or small cracks in bones, might initially feel like a mild ache or soreness. However, if left untreated, they can worsen under continued stress, leading to a complete fracture or more significant injury. Symptoms may be minimal initially, and patients might unknowingly aggravate the injury without rest or stabilization. Medical imaging is often required for proper diagnosis.
Once you’ve assessed injuries, move vehicles to the side of the road if it is safe. Doing so will reduce the risk of further accidents and ensure emergency responders have clear access to the scene.
Legal Requirements for Reporting Accidents in Florida
Florida law mandates that drivers involved in certain accidents must report them. According to Florida Statutes Section 316.061, any accident that results in injury, death, or property damage exceeding $500 requires the driver to stop and remain at the scene to fulfill their legal obligations. Failing to report or stop at the scene can result in criminal charges, so complying with these requirements is crucial.
Reporting the Accident to Law Enforcement
Notifying law enforcement is a vital step, even for minor accidents. Filing a police report creates an official record of the incident, which can be crucial for insurance claims and legal proceedings. Cooperate fully with responding officers, providing accurate and detailed information about what occurred. Avoid admitting fault, as this determination is typically made during the claims investigation process.
Florida’s Statutory Obligation to File a Crash Report
Per Florida Statutes Section 316.066, drivers must file a crash report if the accident involves injuries, fatalities, or significant property damage. Law enforcement officers usually complete this report at the scene. Still, if they do not respond to the accident, the driver must file the report within ten days. Maintaining a copy of this report is advisable, as insurance companies or attorneys may request it.
Exchange Information and Document the Scene
After ensuring safety and notifying authorities, exchanging information with the other drivers is essential. The following details should be collected:
- Full names and contact information of all drivers and passengers.
- Insurance company names and policy numbers.
- Vehicle make, model, and license plate numbers.
In addition to gathering information from the other driver, take steps to document the accident scene. Use your smartphone to capture photos or videos of:
- Vehicle damage from multiple angles.
- Skid marks or debris on the road.
- Traffic signs, signals, or other factors that contributed to the collision.
Under Florida Statutes Section 316.062, drivers involved in an accident have a duty to exchange information and render reasonable aid to injured persons. The aid can include calling for medical assistance when someone has sustained injuries. Failing to comply with these duties could lead to fines or criminal penalties.
Contact Your Insurance Company
Contact your insurance company immediately after gathering the necessary information and documenting the scene. Florida’s “No-Fault” insurance system requires that all drivers carry Personal Injury Protection (PIP) coverage, which benefits medical expenses and lost wages regardless of fault.
Under Florida Statutes Section 627.736, PIP insurance covers up to $10,000 in medical expenses and lost wages, with the condition that you seek medical treatment within 14 days of the accident. Failure to meet this deadline may result in denial of your PIP benefits.
Even if you were not at fault, your insurance company must be informed promptly. Delays in accident reporting could result in complications or denials during the claims process. Additionally, while communicating with insurance adjusters, be cautious about providing recorded statements without consulting an attorney, especially if the accident involves injuries.
Get Professional Legal Advocacy at SouthShore Injury Attorneys
Seeking professional legal advocacy ensures your rights are protected and helps you pursue fair compensation for medical bills, lost wages, and other damages.
At SouthShore Injury Attorneys, we have a firm understanding of the complications that come along with Florida’s accident laws and PIP laws. We have an experienced legal team dedicated to aggressive, caring representation. If you need assistance handling insurance providers or filing a personal injury claim, we can help you throughout the process. If you or someone you love has been in an auto accident, don’t go through the legal system without professional legal counsel.
Call SouthShore Injury Attorneys today at (813) 797-5998 to schedule a free consultation.