Being involved in a car accident in Florida is disorienting and stressful. In the moments immediately following a crash, it can be difficult to think clearly — but what you do (and don't do) in those first hours and days can significantly affect your health and your legal options. Here is a practical, step-by-step guide to protecting yourself after a Florida car accident.
Step 1: Call 911 and Stay at the Scene
Never leave the scene of an accident. Call 911 immediately — even if the accident seems minor. A police report creates an official record of what happened, which is invaluable if an insurance dispute arises later. While you wait for police, move to a safe location if possible, but do not move anyone who may have a serious injury.
Step 2: Get Medical Attention — Even if You Feel Fine
This is the single most important step many accident victims skip. Adrenaline and shock can mask injury symptoms for hours or even days. Internal injuries, concussions, and soft tissue damage (like whiplash) are not always immediately apparent. Seeking medical care within 14 days of your accident is also a requirement under Florida's PIP (Personal Injury Protection) law — miss that window and you may forfeit up to $10,000 in no-fault benefits.
Step 3: Document Everything at the Scene
If you are physically able, use your phone to: • Photograph all vehicles involved, showing damage and their final positions • Photograph the scene — skid marks, road conditions, traffic signs, weather • Photograph any visible injuries • Get the name, contact information, insurance information, and license plate of every driver involved • Get the names and contact information of any witnesses
Step 4: Be Careful What You Say
Do not apologize, admit fault, or speculate about what happened — even casually. Avoid saying things like "I didn't see you" or "I'm sorry." These statements can be used against you. Stick to factual information when speaking with police. Do not give a recorded statement to the other driver's insurance company without first speaking to an attorney.
Step 5: Report the Accident to Your Insurance Company
Florida law requires you to report an accident to your insurer promptly. Your own PIP coverage will pay your initial medical bills and a portion of lost wages regardless of fault. However, be cautious — your own insurer, while obligated to pay valid claims, is also watching for reasons to limit its exposure.
Step 6: Understand Florida's No-Fault Insurance Rules
Florida is a no-fault state, which means your own Personal Injury Protection (PIP) insurance covers your medical bills and lost wages up to the policy limit (minimum $10,000), regardless of who caused the accident. To step outside the no-fault system and pursue a claim against the at-fault driver for additional compensation, your injuries must meet Florida's "serious injury" threshold — defined as significant and permanent loss of an important bodily function, permanent injury, significant scarring or disfigurement, or death.
Step 7: Contact a Florida Personal Injury Attorney
If you were injured — even if you're unsure how seriously — consulting with a personal injury attorney costs you nothing and can make an enormous difference. An attorney can preserve critical evidence, deal with insurance companies on your behalf, evaluate whether your injuries meet the serious injury threshold, and pursue all available compensation. Florida's statute of limitations for personal injury claims is two years from the date of the accident. Do not wait.
The Dempsey Law Firm — Here to Help
Attorney Eliot Dempsey has represented car accident victims throughout Miami, Fort Lauderdale, Boca Raton, and South Florida. We handle personal injury cases on a contingency fee basis — no upfront cost, and no attorney fee unless we win your case. Contact us today for a free consultation: (305) 320-1141 or eliot@thedempseylaw.com.