No matter where you live, every driver is at risk of getting into a car accident. Besides practicing safe driving habits, there isn’t much you can do to reduce this risk when you get behind the wheel. You can’t control what other drivers will do on the road.
One thing Florida drivers can do is take some time to understand better what they should do if they ever are in a car accident. As personal injury lawyers with significant experience in this field, the experts at Calandro Law have put together this legal guide that will break down what you should do (if capable) immediately after the car accident and how to approach reporting a car accident claim to your insurance provider.
Florida Is a State for Drivers
Did you know that there are over 15 million registered drivers in Florida? With limited public transportation options, many people are required to have a car to go to work and/or run daily errands. More drivers on the roads lead to a higher risk of car accidents. Our data analysis shows that there are over 250,000 reported car accidents per year in Florida, which is about 1,000 crashes per day!
If you’re a licensed driver, we strongly recommend that you develop a good understanding of the laws impacting you in the event of an accident in Florida, especially when it comes to reporting a car accident claim. It could save you an immense amount of heartache in the future.
Steps to Take After a Car Accident
Step 1) Call 911
This is a recommended first step if you are conscious and functionally capable of moving your arm, hand, and fingers after the car accident. Given the significant trauma even a car collision at fairly slow speeds can produce, this may not be the case. Assuming you are conscious once your car has come to a stop, take a second to evaluate your physical state and determine if any injuries are immediately apparent. If you are able to, this is a good time to call 911. They’ll be able to dispatch an ambulance to your location if necessary.
Step 2) Report the Accident to the Police
According to Florida Law, anyone involved in a car accident that results in injury or more than $500 worth of property damage is legally required to report it to the police. If you can call 911, you’ll start this process immediately. Once the authorities arrive at the scene, they’ll collect information for their report.
Expert Legal Advice: If the investigating officer at the scene does not file an accident report, the driver must submit one to the Florida Highway Patrol within 10 days of the accident.
Step 3) Cooperating with Authorities
There’s an established process that the police need to follow when filling out an accident report in Florida, and it’s important for the drivers involved to be cooperative. The officer on duty will need to ask all drivers and passengers involved some very pointed questions. This could involve them looking for any signs of intoxication. Assuming you were not driving under the influence, there isn’t a reason not to be as cooperative as possible during this process.
We’ll also mention here that you do have the right to refuse to answer any questions regarding drugs, alcohol, or other paraphernalia if a warrant isn’t present. If you feel there’s a reason to refuse to answer these questions, you have that right, but there will be ramifications.
Step 4) Collect Evidence
Unfortunately, insurance companies aren’t well known for being lenient when reporting a car accident claim. The biggest insurance providers employ strong legal teams to fight anything they deem disingenuous about a claim. These companies market themselves as protecting you and your assets, but they’re no happier to pay up when the check comes due than the average person. The only difference is that they can afford to invest much money to contest things legally.
After reporting a car accident claim, insurance providers will often require concrete forms of evidence to approve it. If you can, take some pictures with your phone or camera at the accident scene. If you hire a car accident lawyer, this is the type of pivotal evidence we can use to provide fault and help build your case to demand more compensation from your insurance provider.
Step 5) Notify Your Insurance Provider
In Florida, registered vehicles must have a minimum of $10,000 in Personal Injury Protection (PIP) and $10,000 in Property Damage Liability (PDL) coverage. This coverage must also be provided by an insurance company licensed to do business in the Sunshine State. There isn’t much anyone can do for you if you don’t have car insurance.
Following the accident, you should notify your insurance provider (no matter who was at fault) ASAP. After you notify your insurance company FIRST, you can also notify the other person’s insurance provider about the car accident. When you call them, be sure to have the other driver’s contact information, including:
- First and last name
- Car registration number
- Driver license number
Florida’s No-Fault Car Insurance Laws
Less than 20 states allow for a no-fault car insurance program – Florida is one of them. What does no-fault mean in this case? When injured drivers and their passengers are involved in a car wreck, they can contact their insurance provider first to receive compensation for their medical bills and recovery. This would be paid out using their personal injury protection, or PIP, regardless of who is at fault. Reporting a car accident claim can only be valid in certain circumstances.
No-Fault Car Insurance Rules in Florida
Before, we mentioned that the minimum PIP requirement for Florida drivers is $10,000. However, it is possible to opt for/pay for much more, and it is often recommended. PIP insurance will pay for medical bills and can also cover lost wages. Remember that this is the case for both parties, regardless of who is at fault.
Unfortunately, PIP is often not enough to cover the fees a family would be facing following a serious car accident. In fact, PIP can only cover up to 80 percent of medical bills incurred by the accident and up to 60 percent of any possible lost wages. The insured party would also be required to pay the deductible.
There are a few notable exceptions to Florida’s no-fault insurance process. As a personal injury law firm, we want to note that the most significant exception is in the case that a car accident suffers any serious or terminal injuries. This would include:
- Permanent injuries, including loss of limbs, sight, hearing, or coma
- Paralysis
- Traumatic brain injuries
- Death
If you or someone you loved was severely injured due to another driver’s negligence, the at-fault driver (and their insurance provider) could owe you significant compensation. Additionally, if the damages exceed the $10,000 PDL limit, the victim can sue the at-fault driver for expenses not covered by their insurance.
When to Get a Lawyer Involved
Most car accidents in Florida directly result from a driver’s negligence. Legally speaking, negligence is defined as the duty to act with reasonable care and the failure to do so. This failure results in either physical or emotional harm inflicted on the victim. The negligent party is required by Florida law to compensate the victim for the harm he/she inflicted in a car accident. Each state defines a person’s liability differently. In Florida, we use a comparative negligence system to determine the liability level for each person at fault in the accident or injury.
The statute of limitations establishes a time limit for people who desire to pursue legal action following a car accident. Regarding reporting a car accident claim, the statute of Limitations in Florida is four years. If you try to file your claim after this deadline, the court will likely dismiss it unless there are specific extraneous circumstances.
Due to Florida’s no-fault insurance laws, reporting a car accident claim can get complicated. That’s why you should take care of it if you’re looking to hire a car accident lawyer. There are many personal injury lawyers in Florida who talk a big game but aren’t willing to take a case to trial. They don’t have the skills to win against the insurance companies’ legal teams in court. Since the process is complicated, big cases must be settled in court.
The legal team at Calandro Law is very comfortable in the courtroom, and our car accident lawyers are ready to go the distance to secure the compensation you deserve.
Reporting a Car Accident Claim? Let Calandro Law Guide You
If you or a loved one has been seriously injured in a Florida car accident, contact one of our personal injury lawyers. We aim to support you through this difficult time and guide you through the entire process to ease stress. If you want to schedule a free legal consultation, call us at 813-563-6463 or complete our online contact form. We can schedule an in-person or virtual meeting to review your case and see if we can help.
