A car accident can alter your life in an instant. From the initial shock of the collision to the uncertainty of the appropriate steps to take, you might be confused, overwhelmed, and frightened. Florida has strict and specific laws governing personal injury. Understanding what to do following a crash that was not your fault is essential for your safety, protecting your rights, and ensuring you receive the compensation you deserve and need.

Call 911

The first step you should take following a vehicle crash is to check everyone involved for injuries. Call 911 immediately if anyone is injured, regardless of the severity of the injuries. Emergency responders will analyze all individuals, provide medical attention as needed, and complete patient care reports.

Move to a Safe Pace

If your car is blocking other vehicles and it is safe to move it, move to the roadside. If you are too injured to drive or your vehicle cannot be moved, it is wise to stay in the car until assistance arrives, unless staying in the vehicle poses a greater hazard.

Report Your Accident to Law Enforcement

You may not involve the police in what appears to be a minor car collision. However, contacting law enforcers does not mean getting a person into legal trouble. When the police respond to your accident, they will write a report containing the accident’s details, including the at-fault party. The police report is valuable proof for your claim, since it can indicate that the other motorist was responsible.

Your personal injury attorney can obtain a copy of the police report and submit it as part of your claim. When integrated with other proof, like video footage, accident reconstruction analysis, and photographs, a police report can significantly strengthen your compensation case.

Seeking Medical Attention

Seeking medical care after an accident is a way of prioritizing your health and safety. Prompt diagnosis and treatment can prevent minor bodily injuries from becoming life-threatening. For instance, a light concussion, if left unaddressed, can result in permanent cognitive issues.

Seeing a physician also creates a record of your injuries and their relationship with the car crash. You can use the medical documentation as evidence if you intend to file a personal injury claim.

Furthermore, most insurance providers require immediate personal medical attention to process claims. Failing to see a physician immediately following the accident could weaken your case or minimize your compensation value.

Medical Records' Impact on Personal Injury Claims

Medical documentation in personal injury claims proves the extent and severity of your injuries by linking them to the car crash. Insurance policies and the courts rely on these documents to decide the appropriate compensation.

Here is what you should do when seeking medical attention:

  • Be honest regarding your symptoms and level of pain

  • Comply with your physician’s treatment plan and go for all recommended appointments

  • Maintain comprehensive documentation of each medical appointment, treatment, and cost.

Skipping medical care right after the accident or follow-up treatment could weaken your personal injury claim, which can give the insurance firms the grounds to argue that your injuries are not as serious as you allege.

You Should Notify Your Insurer about the Collision

Even when your collision is not yours, you should inform your insurance provider immediately. Prompt reporting ensures you adhere to your policy requirements and that the claim is processed effectively. Delays in reporting can lead to complications with your claim.

Ensure you consult a qualified personal injury lawyer before notifying your insurance adjuster to avoid saying something that can hurt your claim.

When contacting your insurer, be prepared to offer the details below:

  • Date, location, and time of your accident

  • Name, contact details, and addresses of every involved party

  • The other motorist's insurance information

  • A description of how your accident happened

  • Police report number

Seeking Personal Injury Legal Assistance

Being involved in an accident that was not your fault does not mean you will receive fair treatment. Without legal representation, you are more likely to face the following potential risks:

  • Filing inaccurate documentation and missing crucial deadlines — Injury claims come with specific legal timelines, filling out forms, and collecting evidence. Making a mistake or missing a step may weaken or damage your case.

  • Shifting blame — The other party might argue that you were partly to blame for the accident, which could lower your compensation amount per Florida comparative fault regulations.

  • Reduced offers—Claims adjusters understand that most individuals do not establish how much their claim is worth. Consequently, they might suggest a fast, undervalued settlement that is insufficient to cover all accident-related costs.

  • No professional support — A lawyer can bring on board medical professionals and accident reconstruction professionals to support your injury claim. Most attorneys have established relationships with necessary professionals.

How the No-Fault Insurance Impacts Your Claim

Florida is a no-fault state, and you should own personal injury protection (PIP). PIP covers your medical costs and lost income, regardless of the liable party. Nevertheless, that does not mean you cannot file a claim against the liable driver.

You could still opt to make a liability lawsuit or claim outside the no-fault legal system if the injuries satisfy the Florida severe injury criteria, which include the following:

  • Significant and long-term loss of cognitive functions

  • Substantial and permanent disfigurement or scarring

  • Long-term injury consisting of a considerable degree of medical probability

  • Loss of life

If your case meets this threshold, you could seek compensation for emotional distress, pain and suffering, and other compensatory damages that your PIP does not cover. An attorney could determine whether your injuries are eligible and start the procedure for collecting medical proof to support the accident claim.

How a Lawyer Can Assist You Following a Crash

Here is how an attorney can help you:

  • Investigating the facts of the accident — The investigations involve reviewing law enforcement reports, witnesses' statements, traffic surveillance footage, and Event Data Recorder (EDR) data, which can help you prove fault.

  • Appraising your case —Lawyers understand all compensatory damages, including loss of earnings, future medical bills, and loss of income, and will ensure you receive satisfactory compensation.

  • Leading negotiations with insurance firms — Attorneys possess the necessary knowledge and skills required to counter any bad-faith maneuvers, stall tactics, and low-ball settlement offers.

  • Filing a civil suit when necessary—If settling is impossible, your lawyer will prepare for trial, where they will advocate for your interests.

Refrain from Using Your Social Media Platforms

While using your social media account to update your loved ones about the recovery process might seem innocent, sharing each aspect of your life can hurt your personal injury claim. Here is everything you should know:

  • Your posts are not as confidential as you think— Your online posts are never private. Insurance adjusters and investigators are experienced at uncovering details that the insurer can use to underwrite the claim or deny it altogether. Some insurance adjusters may friend or follow you to collect details.

  • Your posts could be misconstrued — Jury members could misinterpret the photos and statements you made online. For instance, if a loved one inquires how you are faring and you respond that you are okay, the insurance adjuster could claim that you are exaggerating the severity of your injuries. Another instance would be posting that you are empathic towards injured parties. The statement could be interpreted as an admission of fault and could reduce your compensation amount.

  • The insurance company could use your posts against you — Most people use social media platforms to express their grievances. Your insurer could use your posts' details to establish inconsistency with your testimony or statements.

The most effective approach to avoid issues with social media following a car accident is to refrain from using social media until the case is closed. Nevertheless, if you decide to use your social media platforms during the personal injury claim, ensure you use the tips below:

  • Avoid posting videos and photos

  • Do not discuss your health, recovery, or accident

  • Disable comments and taggings on every social media account

  • Avoid expressing emotions about your injuries or accident

  • Avoid discussing your daily routine or what you wish you could do

  • Avoid joining new groups or accepting friend requests.

Exchange Information with All Involved Parties

After your accident, you should exchange details with every involved party, irrespective of who is responsible for the collision. Florida is an at-fault state, and you will bring a claim with the negligent motorist's insurer for compensation. Consequently, you should collect the following details:

  • The motorist's name

  • The name of the car owner (if different from the motorist's)

  • The vehicle's VIN, license plate, color, year, model, and make

  • The motorist's phone number and address

  • The motorist's insurance policy details and insurance provider

You should collect the details after the accident.

If the other driver is uncooperative or aggressive, wait until law enforcement arrives; they will help in obtaining the relevant details from the motorist.

If the at-fault driver fled the accident scene, do not pursue them. Instead, call the police and offer as many details about the car as possible.

Look for Witness Statements

A witness statement can be crucial after a car accident when details and emotions become confusing. The statement is essential, especially when dealing with insurance adjusters, since it offers an unbiased account of what happened, supporting your version of the story and strengthening your case.

Collecting witness statements begins with identifying individuals who witnessed the crash. A witness can be another motorist, passenger, or pedestrian. Approach them, expound the significance of their statement, and inquire whether they would be willing to offer a statement. Finally, take their contact information and give the details to your attorney.

Capture Photos of Your Accident Scene

You should take photos to protect your interests and rights and gather relevant evidence to strengthen your claim.

Photographing the accident scene can help capture crucial evidence that might otherwise be overlooked. They also prove accountability and give a perspective on the facts of your car crash.

Practical Strategies for Capturing Images After a No-Fault Accident

Here are tips to capture photos for compelling evidence:

  • Capture your photo from different angles and avoid using flash, as it can obscure the view.

  • Avoid taking photos of the sides where glare or shadows will obscure details.

  • Use your camera's timestamp function

What to Do If You Did Not Take Photographs?

If you did not take images of the accident, do not fret. While photographs captured at the accident scene are essential, you can still collect evidence later by returning to the site

You can also contact eyewitnesses who might have taken pictures or request copies of the accident images from the police.

Avoid Admitting Fault

After your accident, ensure you choose your words carefully since they could impact your claim's outcome. Here are some phrases to avoid uttering after your car accident:

  • “I'm sorry.”

  • “I did not see you.” — It might suggest your negligence.

  • “I'm not hurt, or I'm fine.” — Claiming you are not injured, or you are okay with seeking medical attention, can weaken your case if symptoms manifest afterwards.

  • “I believe it occurred because…”

  • Asking the insurance adjuster whether you require legal assistance

Whatever you say could be used against you, including the insurance company denying your claim or recovering compensation you do not deserve. Your trained lawyer can guide you on what to say, how to protect your interests, help you navigate the legal process, and increase the satisfactory compensation offer you receive.

Find an Aggressive Personal Injury Attorney Near Me

A car crash that is not your fault can leave you feeling uncertain and shaken. You have numerous decisions to make about your vehicle repairs, insurance claims, and health. Acting promptly and cautiously is crucial for supporting your personal injury claim and protecting your rights. Jacksonville Personal Injury Attorney is experienced with Florida personal injury laws and knows the appropriate steps to take, from gathering relevant evidence to holding the liable party accountable. We can help you determine the value of your claim and fight aggressively to ensure you receive the compensation you deserve. Please contact us at 904-800-7557 to schedule your no-obligation case review.