The minutes after a car accident are critical, but few people actually know what to do after a collision other than to call the police. Knowing the steps to take after a car accident may not only keep you out of danger, but it can help you make a full and fair financial recovery.
The Pompano Beach car accident attorneys of Long, Jean & Weschler, P.A. have successfully represented hundreds of car accident victims in their pursuit of justice. The suggestions they make in this article come from decades of combined experience in helping motor vehicle accident victims recover large settlements and court awards.
LJW works on a contingency basis. So, if you have been involved in a car accident, contact our office immediately for a free consultation. You will not have to pay for our legal services until we win your case.
What Should You Do After A Car Accident?
Unfortunately, if you don’t plan ahead, you’re likely to make mistakes right after a car accident. If you are reading this section and you’ve already made missteps, don’t be discouraged. These suggestions represent an ideal, and a skillful personal injury lawyer can still build a case on your behalf.
Right After the Accident
As we mentioned before, knowing what to do immediately after a car accident is essential to your safety and financial recovery.
Move to Safety
In many cases, the safest place is inside of your car. If not, watch for traffic before exiting your vehicle. If your car is driveable and you feel like it’s likely to be struck by another vehicle, you can move it off of the roadway. While this is less than ideal from an accident reconstruction standpoint, nothing is more important than protecting lives.
Check on Others
If you are able to, check on your passengers and other people who may have been involved in the accident. Do not move injured people unless it’s essential for their safety.
Call 911
Try to remain calm when speaking to the dispatcher. They will need to know:
- Your location – If you aren’t certain, look for geographic indicators (i.e., business names, street signs, mile markers, etc.)
- Vehicle descriptions – They may also ask for the license plates in case someone leaves the scene. If you aren’t able to see the plates, don’t risk your safety to get a better vantage point. Just tell the dispatcher that you aren’t able to see them.
- Injuries – The dispatcher will need to know the number of injured people and the nature of their injuries. You may not have this information.
- Special Hazards or Conditions – Tell the dispatcher about any special conditions or hazards, like downed power lines, hazardous materials, agitated parties, etc.
Do not disconnect with the dispatcher unless they tell you it’s alright to do so. They may need additional information to update the units.
Talk to Witnesses
Independent witnesses are invaluable in car accident cases. Ask witnesses to remain on scene. If they’re unable to, request their contact information. If you see that a witness is leaving, try to note their license tag.
Take Photos or Video
Accident scenes change rapidly. If you can safely document the scene with your phone camera, try to include the following details:
- The vehicles and vehicle damage. Try to include any special markings and their license tags.
- Debris or tire marks on the roadway.
- Property damage.
- Visible injuries.
- Geographic indicators, like roadsigns, markers, or anything else that can show exactly where the accident occurred.
Once you’ve obtained your photos or videos, back them up to the cloud or email them to yourself. That way, your evidence is stored in more than one place.
Allow EMTs To Examine You
Even if you feel fine in the moments after the car accident, allow the paramedics to check your vitals and answer their questions. It will not harm your personal injury case. On the contrary, it can help establish a baseline for your injuries. If the EMTs want to transport you to the hospital, go with them or drive yourself to the emergency room.
Talking to the Police
The police will ask you questions about the accident. “What was your direction of travel?” “Did you have a green light?” Answer police questions truthfully, but do not admit fault. In many accidents, more than one driver shares fault. In Florida, you can still recover damages, even if you were partially liable.
The Day After the Accident
While the statutes of limitations for personal injury claims in the state of Florida is four years from the date of the accident, it’s important that you don’t delay making your claim. Important evidence may become unavailable the longer you wait.
Follow Up With Your Doctor
Let your primary care physician know that you’ve been involved in an accident. Even if you have not sought medical attention to this point, you should get a full examination to detect any latent injuries.
Talk to an Attorney
As personal injury lawyers in Florida, Long, Jean & Weschler, P.A. handles all accident cases on a contingency basis. We also offer free, no-obligation consultations. If we take your case, we can handle all interactions with the insurance company on your behalf.
Don’t Accept a Settlement
Depending on the severity of your accident, you may be contacted by an insurance adjuster within the first 24 hours of your accident. Do not make a statement or accept a settlement before you speak to your own attorney. They may offer you a fast settlement to take care of your medical expenses and bills, but the truth is, you have no way of knowing the full value of your accident at this point. If you accept a settlement, the insurance company will require you to sign a waiver of liability. This means that you can never seek additional damages for your injuries. In most cases, the insurance adjuster’s initial estimate is far below what the plaintiffs would receive if they had had legal representation.
In fact, in 2014, a study conducted by the Insurance Research Council showed that, on average, injury victims represented by attorneys receive settlements 3.5 times larger than those who file claims directly with the insurance company. How does that affect your claim?
Consider an initial settlement offer from the insurance company for $100,000. If you were to hire an attorney and settle for $350,000 (3.5x more), you would be left with $233,333 after attorney fees are deducted. There are, in fact, other expenses that will be deducted from your settlement whether or not you hire an attorney (i.e., medical bills, car replacement, etc.), but in this scenario, there is a much larger fund to pay your expenses from.
Reporting the Accident to the Police
According to FLHSMV, “Section 316.065, Florida Statutes, requires the driver of a vehicle involved in a crash involving injury or death to a person, or at least $500 estimated vehicle or property damage to immediately contact local law enforcement.”
In most cases, you’re required to file a police report for an accident with injuries. However, with some low-speed accidents, the drivers are unaware of their injuries, and the property damage appears to be minimal. This occasionally occurs with low-speed rear-end collisions. The bumper conceals most of the damage, and signs of whiplash don’t occur in the first day or so. If you have been involved in an accident that you suspect has caused you injuries, you need to make a police report.
When to Report the Accident
In most cases, either the drivers or a passerby will call in the accident. When the police arrive at the scene, they will determine whether or not to make a crash report or to complete a driver’s exchange form. In either case, make sure you get the case number for your records.
How to Report the Accident
If you were involved in an accident and decided not to contact the police for whatever reason, you can still file a police report after the fact. You can go to the police station to file the report or return to the scene of the accident and request a unit.
The officer will need your driver’s license, registration, and proof of insurance. If you’ve collected this information from the other driver (something you should do in every accident), you can provide it to the investigating officer as well. Make sure you ask for a case number for the insurance company.
By law, the police are required to complete a crash report, which you can obtain from the station. You should review the report at the station and bring any errors or discrepancies to the attention of an on-duty officer. If there are errors on the report, make sure you mention this to your attorney.
What Documents Do You Need If You Are In A Car Accident?
While at the scene, you want to make sure you gather specific documents that will help you process your claim. It is crucial that you collect as much information as possible since all parties, from the insurance company to the car accident attorney, will refer back to this information throughout your case.
From the Other Driver/Passengers Involved
First of all, you need a list of everyone involved in the accident. You want to make sure you have the following information:
- Name of the other driver
- Address of the other driver and contact information
- Other drivers’ insurance company name and policy number
- Other drivers’ vehicle description – making, model, and year
- Vehicle registration information (VRI)
- License plate number
From the Scene
While you are not a police officer or detective, the more information you can gather about the crash scene, the better your claim process will be. Make sure to collect the following information:
- Date and time of the accident
- Detailed address of the crash
- Nearest cross street
- The direction you were traveling in
- The direction the other car was traveling in
- A detailed explanation of what happened
- Notes regarding driving conditions (visibility, weather, etc.)
- Pedestrians’ or witnesses’ names and contact information
From the Police
Once the police arrive at the scene, they will also be demanding information from both parties and a short explanation of what happened at the scene. However, the car accident victims also need information from the police, including:
- Official car accident report copy
- Officers’ name and badge number
- Contact information for each officer
From the Paramedics
Regardless of the type of injuries car accident victims may sustain during a crash, contacting the paramedics or medical care attention immediately after a car accident is imperative. On occasions, car accident injuries don’t appear noticeable until a few days after the crash. From the medical attendees, you need to gather:
- Official medical assessment
- The complete post-accident medical report
- Medical bills and expenses
- Treatment plans, if applicable
How to Know What Insurance Coverage Applies
Under Florida law, every motorist is required to carry a minimum $10,000 personal injury protection (PIP) coverage for medical bills and lost wages, no matter who caused the accident. So, immediately after a car crash, each driver can turn to his or her insurance company to help pay for their medical care expenses and other losses.
However, PIP coverage by law only covers 80% of medical bills and 60% of lost wages. Also, PIP coverage is subject to a deductible, which means the car crash victim can be personally responsible for the first portion of their medical bills.
Likewise, there are some exceptions to Florida’s no-fault insurance requirement. The first exception implies that if a person suffers permanent injury as a result of a car accident, the driver is not subject to the no-fault limitations and may be able to file a claim for medical bills, lost wages, intangible damages, and even pain and suffering as a result of the accident. Another occasion for an exception would be if the injuries involved total more than the PIP coverage ($10,000), in this instance, a claim can be filed to recover the medical bills not covered by the PIP insurance.
Bearing in mind these reasons, one can see that filing a claim after a car accident can be somewhat complicated. The assistance of a car accident lawyer can alleviate this stress and streamline the process.
Pursuing Legal Action
When many accident victims hear about the steps involved in a civil action, they think that they might be better off accepting a smaller settlement offer. Rest assured that the personal injury lawyers at Long, Jean & Weschler, P.A. will meticulously handle the complicated tasks involved in obtaining a full settlement while you work on your physical recovery. We will keep your life as stress-free as possible.
How Can LJW Help You After a Car Accident?
Among the many services we provide are:
- A full case analysis to determine the degree of liability of the parties involved.
- Gathering physical and documentary evidence.
- Subpoenaing and deposing witnesses.
- Accompanying you during your deposition with the defendant’s legal counsel.
- Hiring accident reconstruction experts and other expert witnesses on your behalf.
- Calculating your expenses, including pain and suffering.
- Filing a claim and issuing a demand letter to the responsible insurer.
- Negotiating with the insurance company.
- Presenting discovery evidence and reviewing the defendant’s discovery evidence.
- Filing a lawsuit in civil court.
- Representing you in all pretrial motions.
- Presenting letters of protection (LOPs) to doctors. This allows the doctors to work on you with the promise of payment after the case settles.
- Representing you during litigation. (Most cases settle before this step).
Our attorneys only receive compensation after your accident settles or you receive a court award. Our fees are consistent with the Florida Bar’s contingency fee schedule.
Frequently Asked Questions About Car Accidents
For answers to your specific questions, contact Long, Jean & Weschler, P.A. In the meantime, these FAQ answers may benefit you.
How Long Do I Have to Report a Car Accident?
While the statute of limitations in Florida is usually four years from the date of an accident or two years from the date of death in a wrongful death claim, it’s important to report the accident as soon as possible. Otherwise, the evidence can lose its efficacy and harm your claim.
What Kind of Damages Can I Claim After a Car Accident?
Economic damages include all of your medical expenses, damage to your car and other property, lost wages from work, and any other expense you incur from the incident. Non-economic damages include compensation for your physical discomfort, mental anguish, and loss of quality of life.
What if I’m Partially Responsible for the Accident?
Florida’s comparative liability law allows you to collect damages even if you are partially responsible for the accident up to 50%. In other words, if you are 20% responsible for the accident, you can receive 80% of your damages. However, if your liability is 50% or higher, you can’t collect damages.
Personal Injury Lawyers in Pompano Beach, FL
If you’ve been injured in a car accident, you’re entitled to damages. Call LJW for thorough and professional legal representation on a contingency basis.
