Immediate Steps to Take After a Car Accident
If you are involved in a car accident in Miami, your safety and the safety of others should be your first priority. Move your vehicle to a safe location if possible and check for injuries. Call 911 if anyone is hurt or if the accident involves significant property damage. Even in minor accidents, it's wise to notify law enforcement so there is an official report of the incident.
- Check for injuries and provide aid if you are able.
- Move vehicles out of traffic if it is safe to do so.
- Call emergency services if there are injuries, fatalities, or significant damage.
Florida law requires drivers to remain at the scene and provide information and assistance when an accident results in injury or death (Fla. Stat. Β§ 316.062).
Reporting the Accident to Law Enforcement
Under Florida law, you must report a car accident to law enforcement if it results in injury, death, or property damage that appears to exceed $500. In Miami, this typically means calling the Miami Police Department or Florida Highway Patrol to the scene. If law enforcement does not respond, you must file a crash report with the Florida Department of Highway Safety and Motor Vehicles (FLHSMV) within 10 days (Fla. Stat. Β§ 316.066; FLHSMV - Report a Crash). Failure to do so may result in penalties.
- Remain at the scene until you have exchanged information and spoken to law enforcement.
- Obtain the police report number for your records and insurance claim.
Exchanging Information with Other Parties
After ensuring everyone's safety, Florida law requires you to exchange certain information with the other driver(s) involved in the accident. This includes:
- Name, address, and contact information
- Driver's license number
- Vehicle registration information
- Insurance details
Be courteous but avoid discussing fault or making statements that could be used against you. If there are witnesses, ask for their contact information as well.
Documenting the Accident Scene
Thorough documentation can be critical for insurance claims and any potential legal action. Take clear photos of all vehicles involved, the surrounding area, traffic signals, skid marks, and any visible injuries. Make notes on:
- Date, time, and location of the accident
- Weather and road conditions
- Descriptions of vehicle damage and injuries
Keep copies of all records, including the police report, medical records, and correspondence with insurance companies.
Seeking Medical Attention
Even if you feel fine after the accident, some injuries may not be immediately apparent. Florida's no-fault insurance law requires you to seek initial medical treatment within 14 days to be eligible for Personal Injury Protection (PIP) benefits (Fla. Stat. Β§ 627.736). Prompt evaluation by a healthcare professional ensures your injuries are documented and helps protect your legal rights.
- Visit an emergency room, urgent care center, or your primary care physician as soon as possible.
- Follow all recommended treatment plans and keep detailed records of your medical care.
Filing an Insurance Claim
Florida is a no-fault insurance state, which means your own insurance policy typically covers your medical expenses and certain other losses, regardless of who caused the accident. This is known as Personal Injury Protection (PIP) coverage. Notify your insurance company promptly after the accident and provide all requested documentation.
- You must seek initial medical care within 14 days of the accident to qualify for PIP benefits.
- If your damages exceed PIP coverage or you suffer serious injuries, you may be able to pursue a claim against the at-fault driver's insurance.
For more details, visit the FLHSMV Insurance Requirements page.
Understanding Florida's Comparative Negligence Rule
Florida follows the rule of comparative negligence, meaning that each party's degree of fault is considered in determining compensation. If you are partially responsible for the accident, your recovery may be reduced by your percentage of fault (McCain v. Florida Power Corp., 593 So. 2d 500 (Fla. 1992)). For example, if you are found to be 20% at fault, your compensation would be reduced by 20%.
Legal Deadlines: Statute of Limitations in Florida
Florida law imposes strict deadlines for filing lawsuits related to car accidents. Both personal injury and property damage claims arising from a motor vehicle accident must generally be filed within four years of the date of the accident (Fla. Stat. Β§ 95.11(3)(a)&(b)). Missing these deadlines can bar you from seeking compensation in court.
When to Contact an Attorney
While many minor accidents can be resolved through insurance claims, you may benefit from consulting an attorney if:
- You suffered significant injuries or permanent impairment
- There is a dispute over fault or insurance coverage
- The other driver is uninsured or underinsured
- You are facing pressure to settle quickly
An experienced personal injury attorney can help protect your rights, negotiate with insurers, and pursue fair compensation on your behalf.
Frequently Asked Questions
- Do I need to report every car accident to the police?
Florida law requires you to report accidents involving injury, death, or property damage exceeding $500. (Fla. Stat. Β§ 316.066) - How long do I have to file a lawsuit after an accident?
Generally, you have four years from the date of the accident to file a personal injury or property damage lawsuit in Florida. (Fla. Stat. Β§ 95.11) - Will my insurance rates go up after an accident?
This depends on your insurer and the circumstances of the accident. Consult your policy or speak with your insurance agent. - What if the other driver does not have insurance?
You may be able to file a claim under your own uninsured/underinsured motorist coverage. An attorney can advise you on your options.
Contact Test B Firm for Help After a Miami Car Accident
If you have been injured in a car accident in Miami, Test B Firm is here to help. Our experienced attorneys can guide you through the claims process, protect your rights, and fight for the compensation you deserve. Call us today at 407-888-5555 for a free consultation, or contact us online.
Disclaimer: This blog post is for informational purposes only and does not constitute legal advice. Laws may change and outcomes depend on your unique circumstances. Consult a licensed Florida attorney for advice about your specific situation.