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What to Do After a Car Accident in Florida
First Steps to Take After a Serious Motor Vehicle Accident in Florida

Knowing what to do after a car accident in Florida can make a difference in your insurance coverage, finances, and even your physical health. When you understand what steps you should take in the aftermath of an accident, you set yourself up for a better recovery. Take a look at what you need to know about the first steps you should take after a serious motor vehicle accident.


What Are the Most Common Kinds of Car Accidents?

The steps you need to take after a car accident might depend on what kind of accident it is. There are a few common types of car accidents you might encounter.

Rear-End Accidents


  • These are the kinds of accidents that occur when one car runs into the back of another.
  • These accidents are more likely to result in injury rather than death.
  • Damage to the vehicles is common.
  • They often take place at low speeds – they can happen at speeds as low as 5-10 mph.
  • For example, when the car in front stops to make a turn but the driver behind them didn’t pay attention to the turn signals or brake lights, they might keep going instead of stopping, causing a rear-end collision.
  • This can result in the type of injury known as a soft-tissue injury, like whiplash.

Pedestrian, Motorcycle, or Bicycle Injuries


When a car hits a person on foot or a person who’s riding either a bicycle or a motorcycle, that’s a different kind of injury risk. In these cases, the person who is walking or cycling doesn’t have the protection of a car enclosing them. Their lack of protection makes this kind of accident one that has a great risk of death or severe bodily injury. It may also result in damages to the vehicle or vehicles involved. A car, truck, or other large, enclosed vehicle will most likely do more damage to a bicycle or motorcycle than the reverse. With these accidents, bodily injury is usually the largest concern.

Direct Bodily Impact



When a car hits another car, it can also cause a direct bodily impact. When one car hits another car on the driver’s side, for instance, they’re being hit directly. The amount of protection they’ll receive from being inside the car depends on how fast the other car was going and how heavy it is. These types of accidents run the gamut from minor sideswipes to fatal crashes. 


Why Is Florida a No-Fault State?

You may have heard Florida called a no-fault insurance state, but what does that mean? In Florida, the law says you must have a certain minimum of insurance, and your insurance must cover your medical bills, at least to a certain extent. Up to $10,000, your own insurance covers you whether you were at fault in the accident or not.

This law, created in 1971, exists for a few reasons. One is that it can cut down on lawsuits. If people get their medical bills covered, they may be less likely to pursue legal action. It’s also important for making sure the person who is at fault gets medical care. They may be injured, and if they don’t have some means of getting treated, they may not seek help.

The no-fault insurance that Floridians must carry at a minimum is known as PIP (Personal Injury Protection) coverage. 


Steps to Take After Being Involved in an Accident

There are a few things you must do in the immediate moments after the accident.

Step 1: Call 911


911 needs to be called if there are injuries or even potential injuries. Even if you don’t immediately feel as if you’re injured, that doesn’t mean that you aren’t. Shock and the accompanying surge of adrenaline can temporarily mask pain – even serious pain. Also, some injuries simply take time to show up.

What’s more, you need the police in order to make a report. A police report ensures that the story can’t change later. Your insurance company could deny your claim without a police report, and you'll need one to get a formal settlement for pain and suffering later. Remember that you have up to $10,000 in PIP insurance to cover your own medical expenses if you own a car or if you’re a homeowner or live with one – homeowners are also required to carry PIP that covers everyone in their home. Your PIP follows you, even if you’re in someone else’s vehicle.

If you’re injured, put your health first. If the injuries seem serious, go to the hospital by ambulance. If they’re less severe, drive yourself or get someone else to drive you to an emergency room, urgent care, or clinic. You have to see a doctor within 14 days of the accident to preserve your PIP coverage for that accident.

Step 2: Contact a Personal Injury Lawyer


You might think your next step would be to contact your insurance, but you don’t want to do that yet. Instead, contact a lawyer. Your insurance company may want a recorded settlement, and you should have someone looking out for your interests before you do that. You don’t know how your statement might affect your claim. Your lawyer can strategize with you, then be present while you make the statement over the phone.

Step 3: Get Treatment for Your Injuries



If you have injuries, treatment is the next step. It’s important to follow the doctor’s instructions. They may order diagnostic tests like X-rays and MRIs both because they need them to diagnose and treat you. In Florida, you must be diagnosed with an injury by a doctor to make a claim against the "at-fault party" for your injuries, so you’ll need these tests for documentation purposes.

You’ll be preparing for a potential lawsuit as you go along. Ideally, most cases would end in settlement, but that can’t happen until your treatment is complete. Your attorney will need to monitor your medical treatment, oversee the bills, and stay in touch with the insurance company. The good news is that you won’t have to deal with the insurance company directly - your attorney will.

When the doctor determines that you’ve reached maximum medical improvement, your attorney will send all of the records and reports to the insurance company of the at-fault party to begin settlement negotiations. If a settlement that’s agreeable to both parties can’t be reached, then a lawsuit would need to be filed and the case would go to trial.


Are All Florida Drivers Required to Have Auto Insurance?

Florida has the second-lowest insurance requirements in the country. However, all drivers are required to at least the minimum PIP auto insurance. PIP pays $10,000 of your own medical bills and $10,000 of property damage for someone else's car. It does not, however, provide any money to pay for someone else's injuries.


Conclusion

Immediately following an accident, medical treatment for the injured and documenting the accident with a police report are the most important things. After contacting the police and emergency services, the next call should be a qualified personal injury attorney. A lawyer can help you with making your statement for the insurance adjuster and handling the ongoing reports and documentation involved in making a claim. 

"The information provided herein is simply a brief overview of the Florida law on this particular matter. It should not be relied upon for legal purposes, as the facts and circumstances to any specific legal matter may vary substantially from the limited explanation and application of often complicated legal rules and principles that may be addressed herein, or applicable in your particular legal matter. You should only rely upon legal advice provided to you by a licensed attorney who has had an opportunity to fully evaluate your particular legal matter".

David Folkenflik
Attorney

Mr. Folkenflik is a graduate of Countryside High School, in Clearwater; St. Petersburg Junior College; and the University of South Florida in Tampa. He received his law degree, with Honors, from the University Of Florida College Of Law at Gainesville.

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