What to Do After a Car Accident: Your Step-by-Step Checklist

what-to-do-after-a-car-accident

The hustles and bustles on Florida roads keep our entire life moving forward. But all kinds of drivers use these roads, including new-in-town tourists and willful law offenders. The weather can also get nasty, and your vehicle may develop mechanical issues.

These and many other factors often lead to a serious car accident —no wonder every year witnesses about 403,626 car crashes on Florida roads. 

Sure, preventing a car accident is humanly impossible. But you can preserve your rights and get total compensation if you get involved in a car accident. Just remember to play your cards well.

What Should You Do After a Car Accident in Florida? 

Here is a list of the things to do in a car accident:

1. Remain Calm and Check for Injuries

Understandably, a car crash can throw you into a fight-or-flight state where confusion, fear, and anger reign. But try to remain calm.

Prioritize safety above everything else. Alert other road users using emergency flashers and check if the other vehicle occupants are okay. 

Are they seriously hurt? Unsure of their conditions? Call an ambulance immediately. 

2. Move to a Safer Spot and Remain Vigilant

It's common to think that moving your vehicle from the road might interfere with evidence. Sure, certain circumstances require you to leave the car at the scene of the collision. But the car might block the traffic and increase the likelihood of a secondary crash. 

So, what's your legal way forward? Here's what to do:

  • Is the car impeding traffic flow and the car accident only led to property damage? You must move out of traffic to a safer spot as close as possible (F.S. 316.061 et seq.). Then switch the engine off and turn on the hazard lights. 
  • Has the car accident led to severe injuries or death? Leave it at the spot and wait for the police to direct you. 
  • Is the car inoperable? Leave it on the road and get yourself and others to a safer spot.

Use warning flares, triangles, cones, or hazard lights to warn other road users if you cannot pull over. Your phone's light can act as a flashlight if it's during the nighttime- But preserve its battery for emergency calls.  

Remember to check other vehicles' occupants if it's safe to do so. Call an ambulance if they've sustained severe injuries.

Reminder: The law requires you to stay as close to the crash scene as possible. You commit a felony when you flee the car accident scene without exchanging details.

Here in Florida, any driver that flees a car accident scene commits:

  • Third-degree felony if another person got injured in the accident
  • First-degree felony if the accident left someone dead

But a severe injury can force you to call an ambulance and rush to a doctor first. 

3. Gather Evidence

It's easy to get lost in the necessary steps of securing your safety and vehicle to the point of forgetting to collect vital details.

That's why it's crucial to travel with your documents in one place- including proof of insurance, registration, contact details of your insurance company, and doctor's contacts. 

Remember to exchange insurance and contact details with other drivers involved in the accident. Stick to this list:

  • Car Accident location
  • Name
  • Contact details 
  • The vehicles' model, color, and make
  • License plate number
  • Driving license
  • Insurance company and policy number

Refrain from saying or agreeing to anything that could jeopardize your chances of securing your total compensation or rights.

4. Photograph Evidence

Apart from jotting the pieces of evidence down, capturing them using a phone camera is better. You can even take videos where possible. Here are some of the things to capture:

  • The cars and damages: Every vehicle (from all four angles) and damages such as shattered glass, deployed airbags, and leaking fluids
  • Your injuries: All visible injuries like bruises, cuts, scrapes, and fractures.
  • Surrounding areas: The street, nearby traffic signals, signs, gouges, and skid mark
  • License plates: License plates of all vehicles involved in the crash, plus the witnesses' vehicles
  • Insurance card (if possible): Include the insurer's name and policy number in the picture 
  • Police report: Photos of the police report can help accelerate your insurance claims as you wait to file the certified copy with the registry of motor vehicles. 
  • Road conditions: Any condition that might have contributed to the crash—potholes, wetness, construction debris, fog, ice, etc.

Try to bring a sense of scale to some of your pictures. For example, place a coin or key near a dent you got from the accident and then take a photo. 

Take photos from multiple distances if safe (and possible). You can capture an image 10 feet away from your car and other people's vehicles (or the object that took the hit from your vehicle). 

5. Speak With Witnesses

Are there people who witnessed the accident? Jot down their name, contact details, address, and what they saw or heard. Pro tip: Use your phone to record them. 

Does the witness believe the fault falls on the other driver? Ensure they've stated their claim and reasons. It's recommendable to have the witness sign and date their statement.

While it isn't a guarantee that the court will consider your witness' view, your side of the story will most likely gain credibility—provided both accounts are more or less similar. 

The witness' statement can help support your claims of:

  • The other driver's fault: Help the judge establish the other party's partial or complete responsibility for the accident.
  • Your innocence: Vital if the at-fault party tries to shove part or whole of their responsibility onto you. 
  • Injury: Assist you in convincing the court about the degree of your suffering, damage, and pain.

Your witness' statement can also help discredit the other party's false injury claim. You don't want to foot medical bills that aren't your responsibility. 

6. Call the Police

call the police

The law requires you to call 911 if the car accident caused injuries or damaged properties worth $500 or more. Provide the law enforcers with your name and where the car accident occurred. 

Cite the street, closest house number, road signs, traffic signals, mile markings, or any other landmark. That way, locating you will be a breeze.

But what if the police force decides not to come to the scene? Don't panic. Police respond to calls based on their urgencies, especially during peak periods.

If there are no severe injuries or no car is blocking traffic, police may request a briefing via the phone. Here, provide only facts and details about the accident:

  • Location
  • Time
  • Contacts of involved parties
  • Injuries 

These details will go into the police's formal report, a critical document that will help add weight to your insurance claims. You'll need this lethal weapon to fight for your rights in case things go to the courtroom. So do all it takes to report the accident within 10 days. You may even need to go to the nearest law enforcement station and report the incident. 

7. Notify Your Auto Insurer

notifying the auto insurer

According to Florida Statute 627.7407, you should notify your own driver's insurance company as soon as possible. Usually, you have 24 hours from the time of the crash to do so, though the actual period depends on your policy. 

The company will request several pieces of information about the car accident, such as:

  • Parties involved
  • Accident scene details
  • Law enforcer's report
  • Your personal statement
  • Hospital reports

Their claims adjuster will investigate the accident's evidence, interview you, and check the degree to which you're responsible. Stick to the guns- only give essential information and refrain from divulging anything that can lead to undervaluing of your claim. 

Only tell the adjuster that you:

  • Got involved in a vehicle collision
  • Sustained injury
  • Exchanged contact and insurance details with other parties
  • Called the law enforcers, and they compiled an official report
  • Your vehicle got damaged

Insurance companies don't have your best interest at heart—they're in a profit-making business. So your best bet is to contact a car accident lawyer before calling them. An attorney worth their salt will negotiate with the insurer and boost your chances of getting what you deserve. 

After the Car Crash: Don't Lower Your Guide

After leaving the scene, remain vigilant and stay clear of admitting guilt or apologizing to anyone. Doing so can make things much harder for your lawyer. Even if it seems you erred, you don't have all the facts that prove so. 

Remember to:

1. Seek Medical Attention as Soon as Possible

It's prudent to see your doctor first if the accident left you with life-threatening injuries. But if you still feel okay, you can stay on the accident scene to gather evidence. 

However, remember to go to the hospital as soon as you finish documenting the accident scene. Here's why:

  • Florida requires you to seek medical attention within two weeks (14 days) of the crash to preserve your PIP medical and lost wages insurance benefits. Otherwise, you'll have to rely on your own insurance firm for these benefits.  
  • It's prudent to get a diagnosis of an emergency medical condition, failure to which your PIP benefits will be capped at $2500. 
  • Some injuries, such as soft tissue, may not be apparent immediately after a few days. You might feel okay after an accident but wake up to a day of stiffness, soreness, or trauma the following day. 

Only head to an emergency room if you contend with life-threatening injuries such as head concussion, fractured bones, or excess bleeding. Otherwise, seeing a doctor is enough. 

Medical Records

A medical record is another crucial document that can help build a water-tight case. So once at the medical care center:

  • Be open and honest: Explain your feelings, even if the injury seems minor. Keep in mind that exaggerating or downplaying your injury can injure your claims' credibility. 
  • Watch your mouth: Don't lower your guide even at the hospital since your insurance company is still watching- walls have ears and eyes too! Admitting a mistake or changing your story can water down your claims. 
  • Adhere to your physician's advice: Playing your own doctor can hurt your claims or case. So follow all your doctor's recommendations, take drugs as prescribed, and attend appointments.

Also, pay attention to delayed symptoms during the first few weeks after the crash. Take photos of new visible symptoms and rush to your doctor for further medical attention if your body feels off. 

2. Maintain Records of Your Expenses

Carefully record and store as many documents as possible. You want the maximum possible settlement to cover your losses, injuries, and property damage. 

Apart from the photographs, eye witnesses' statements, medical records, and police reports, the following records will help prove the degree of your loss:

  • Records of injury-induced work absence
  • Personal items you had on you, such as clothes
  • Estimates of vehicle or property damage

Hire a Car Accident Lawyer

You now know what to do if you get involved in an accident. But juggling between staying safe, nursing injuries, and securing your legal rights isn't a walk in the park. And the at-fault party plus insurance companies may deny you what is rightfully yours. 

Usher in Ryan Hughes lawyers to take that legal stress from the journey to your full recovery. We offer diligent services tailored to your unique case to boost your odds of winning the case. Request a free consultation today and see how we are an excellent fit for you.

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