Boca Raton, FL 33431
Call Us 24/7 For A FREE Consultation
What to Do After a Car Accident in Florida
I Was Injured In A Car Accident, What Do I Do?
After a car accident in Florida, the most important steps are to get medical care within 14 days, report the crash to police, document everything, and avoid giving a recorded statement to the other driver’s insurer. The steps below protect both your health and your right to compensation. If you have questions at any point, our Boca Raton car accident lawyer is available 24/7 at 561-221-7474.
11 Steps to Take After a Car Accident
- Check for injuries and call 911. Florida law requires you to report a crash that causes injury, death or apparent property damage of $500 or more (§ 316.065, Fla. Stat.). Depending on where the crash happens, officers from the city police department, the county sheriff’s office or the Florida Highway Patrol will respond. In Boca Raton, that means the Boca Raton Police Department, the Palm Beach County Sheriff’s Office or the Florida Highway Patrol.
- Move out of traffic if you safely can. If no one is seriously hurt and the cars can be driven, Florida law requires moving them out of the travel lanes (§ 316.061, Fla. Stat.). On I-95, Glades Road or Federal Highway, stay well away from passing traffic. If the crash puts your car in a canal, lake or pond, getting out comes before anything else: here is how to escape a sinking car.
- Exchange information. Get the other driver’s name, address, phone number, license number, license plate, and insurance company and policy number. Florida law requires drivers to exchange this information (§ 316.062, Fla. Stat.).
- Photograph everything. Take photos of all vehicles, the damage, skid marks, traffic signals, road conditions and your injuries. Note nearby businesses that may have security cameras.
- Talk to witnesses. Ask for names and phone numbers. Independent witnesses often decide disputed-fault cases.
- Get medical care within 14 days. Florida PIP coverage generally pays only for care that begins within 14 days of the crash (§ 627.736, Fla. Stat.). Go even if you think you feel fine; symptoms of concussion and neck injury often appear later.
- Report the crash to your own insurer. Your policy requires prompt notice. Stick to the basic facts.
- Be careful with the other driver’s insurer. Politely decline a recorded statement and don’t sign a medical authorization, accept a settlement or sign a Release until you’ve talked to a lawyer.
- Get the crash report. Florida crash reports are confidential for the first 60 days, when only the people involved, their lawyers and their insurers can get them (§ 316.066, Fla. Stat.). We can order it for you.
- Keep records and stay off social media. Save medical bills, receipts and pay stubs, and keep a short journal of your pain and limits. Insurers look at social media for photos they can use against you.
- Talk to a lawyer before the deadline. In Florida, the statute of limitations for most car accident negligence claims is two years from the date of the crash (§ 95.11(5)(a), Fla. Stat.). Waiting can also result in lost evidence, unavailable witnesses, or missing video footage. The sooner an attorney can investigate your accident, the better the opportunity to preserve important evidence and protect your claim.
If It Was a Hit-and-Run
Call 911 right away, photograph the license plate and write down anything you remember about the car. If the driver is never found, your own uninsured motorist coverage may pay for your injuries. In one of our cases, GEICO denied a Boca Raton hit-and-run claim, and we forced GEICO to reverse that denial. Past results do not guarantee a similar outcome.
Learn more on our Boca Raton hit-and-run accident lawyer page, and see how uninsured motorist coverage works in Florida.
Frequently Asked Questions After a Florida Car Accident
Do I need to call the police for a minor crash?
You must report any crash with an injury, a death or apparent damage of $500 or more, which covers most crashes today given repair costs. A police report is also strong evidence of what happened.
When should I call a lawyer?
As soon as you can after getting medical care, and before you give a recorded statement or accept a settlement. A consultation is free, and there’s no fee unless we recover compensation for you.
Will my insurance rates go up if the crash wasn’t my fault?
Not necessarily. Insurance companies use their own underwriting and rating formulas, so no one can predict with certainty how a particular claim will affect your premium. Rates may be based on many factors, including your driving record, prior claims, whether you were at fault, the number and type of claims, your coverage and policy history, and other factors permitted by Florida law. A not-at-fault accident does not automatically mean your insurance rate will increase, particularly when considered as part of an otherwise clean driving and claims history.
How long do I have to file a car accident lawsuit in Florida?
For most crashes that happened on or after March 24, 2023, you have two years from the date of the crash to file a negligence lawsuit (§ 95.11(5)(a), Fla. Stat.). Wrongful death claims and claims against government agencies have different deadlines and notice requirements.
Do I have to see a doctor within 14 days?
Yes. To use your Personal Injury Protection (PIP) benefits, you generally must get initial medical treatment within 14 days of the crash (§ 627.736(1)(a), Fla. Stat.).
Can I still recover if I was partly at fault?
Yes, as long as you were not more than 50% at fault. Under Florida’s modified comparative negligence law, your recovery is reduced by your share of fault (§ 768.81(6), Fla. Stat.).
How do I get a copy of my Florida crash report?
Crash reports are confidential for the first 60 days, when only the people involved, their lawyers and their insurers can get them (§ 316.066, Fla. Stat.). You can order a copy through the Florida Highway Safety and Motor Vehicles crash report portal or from the police agency that wrote the report.
Where We Help Car Accident Victims in Florida
Our main office is in Boca Raton, and we meet clients in Wellington and Winter Park by appointment. If you were hurt in Palm Beach County, see our Boca Raton car accident lawyer and Wellington car accident lawyer pages. If you were hurt in Delray Beach, see our Delray Beach car accident lawyer page. If you were hurt in Lake Worth or Lake Worth Beach, see our Lake Worth car accident lawyer page. If you were hurt in Central Florida, see our Winter Park car accident lawyer page.
Get Help 24/7
Call 561-221-7474 to speak directly with attorney David B. Datny, or learn more about our Boca Raton car accident practice. Spanish-speaking staff are available.