No one leaves their home expecting to get into a car accident. After all, it's not something you list on your daily to-do list. Unfortunately, car accidents happen every day in Florida. In Gainesville alone, 246 injuries resulting from car accidents It happened in the first few months of the new year.
Whether you are involved in a single-vehicle crash or a multi-vehicle crash, you may be entitled to compensation for your damages. This can include economic and non-economic expenses. However, before you can file a claim with your insurance provider, there are some things you should do to help protect your legal rights.
What to do after a car accident in Florida
The most important, and most obvious, thing you should do is to evaluate yourself and everyone else involved in the car accident for injuries; Your health and safety always come first. For now, don't worry about any damage to your car. You can deal with this after taking care of your health.
If your injuries require immediate medical attention, accompany first responders on a suggested trip to the emergency room. If your injuries are serious, there is nothing you can do at the scene and no reason to risk your health.
Even if your injuries are not immediately visible or you are convinced that everything is fine, you should still make an appointment with your primary care doctor. Some infections take some time for signs and symptoms to begin to appear. For example, internal soft tissue injuries.
So, why is seeking medical care so important? Beyond taking care of your health, you will also need your medical records if you plan to pursue a personal injury case. Your medical records support your injury claim. So, what other steps should you take after a car accident?
Contact your insurance provider
This is probably a call you've been dreading to make since most insurance companies aren't thrilled to learn that a customer is filing an accident claim. However, it is a necessary phone call even when you are not the at-fault driver.
Yes, your accident claim begins with your insurance company. He remembers, Florida is a no-fault stateThis can be confusing even for lifelong residents. What is a no-fault condition? Known by name. Basically, no one is initially responsible for a car accident.
Even if you are hit by a driver who ran a red light, you will not be blamed at the time of the accident — that is when Protection from personal injury The PIP policy begins. Yes, this is a standard part of your auto insurance policy. PIP is a legal requirement that all drivers in Florida must carry. Your PIP policy will cover your medical expenses and lost wages if applicable.
However, PIP comes with caps that you cannot exceed, and there are no exceptions to this. Since your medical expenses will likely be more than your PIP coverage, this is when you turn to a personal injury lawsuit to cover the rest of the damages.
Pick up a copy of the accident report
Florida law requires that all vehicle accidents that result in injuries or deaths be reported to the authorities. Do not leave the scene of the accident. You do not want to get a hit-and-run charge since this may make it impossible to successfully file a personal injury claim against the at-fault driver. If there were no injuries resulting from the accident, you have up to ten days to file a report.
you want to Obtain a copy of the accident report. Most are ready after about one week or so. You can obtain a copy of the report online or go to your local police department. There is a small fee, but it is usually less than $10.
So, why would you want a copy of the accident report? The report contains a lot of information that can help support your personal injury claim. Everything from driver information to contact numbers and more are included in the report. You will also find an indication of who the authorities believe is responsible for the accident.
Limitation of liability
If a driver runs a red light or stop sign, it should be clear who is responsible for the accident. However, do not forget that Florida is a no-fault state, and this can complicate the process. Furthermore, Florida also follows a comparative negligence rule – just when you think things can't get any more confusing.
But on the bright side, comparative neglect can work to your advantage. Comparative negligence allows accident victims to continue to seek compensation even if they were partially responsible for the accident.
For example, if you were 30% at fault in a car crash, you can still file for compensation. The amount you get is subtracted by the percentage of blame you are assigned for the wreck. The police report and witness statements are often used to determine liability by insurance companies and a judge or jury if your personal injury case goes to court.
Never admit a mistake
Emotions run high after an accident, even if it was just a simple dent in the fender. You may be tempted to apologize to the other driver, even if you are sure that you are not responsible for the accident. Yes, this is polite behavior but now is the time to forget your manners.
Never apologize, even to first responders. Your words could be seen as an admission of guilt. Remember the warning that your words could be used against you? This is not limited to criminal cases. It could also apply to your civil personal injury lawsuit.
Collect evidence if possible
Well, don't go crazy and start acting like Sherlock Holmes or even Watson. You are not an investigator or even a legal representative. Your goal is only to make it easier to prove your personal injury claim. Take photos of the damage to your car/property and start filing all your paperwork related to the accident.
Contact a car accident lawyer
Contacting a personal injury attorney after a car accident is a crucial step, because it allows you to discuss the details of your case with a legal expert. An attorney who specializes in personal injury law can provide valuable guidance and representation, ensuring your rights are protected throughout the process.
They can negotiate on your behalf and work to secure fair compensation for any damages or injuries you suffer. Their experience navigating the complexities of liability and insurance claims can significantly influence the outcome, helping to achieve a settlement that reflects the true extent of your losses and injuries.
