There are certain situations where drivers who are involved in a car accident will have completely different stories that they will tell their insurance companies or lawyers, making it difficult to tell who is actually at fault. Traffic accident reports are some of the best weapons that you can employ when it comes to accident cases, which is why it’s so important that you make sure you call a police officer after an accident where the damage exceeds $500.
The steps you take after a car accident can protect your health and any potential legal claim you wish to file later. You need to know what to do — and what not to do — to give you the best possible chance of recovering maximum compensation. Here are some tips from the Florida car accident attorneys at Zervos & Calta, PLLC.
11 Steps to Take After a Car Accident in Florida
Being involved in a car crash is jarring and disorienting. It is natural to feel confused about what to do. Follow these steps to protect your rights to compensation:
- Call 911 or the police – Law enforcement will document the details of the accident, take statements from witnesses, and file an accident report. This report can be vital if you need to file an insurance claim or take legal action.
- Do not leave the accident scene – Never leave the scene of a car accident unless you need emergency medical attention or to move to a safer location. Florida law requires motorists to remain at the scene, render reasonable assistance to anyone injured, and exchange names, addresses, and vehicle registration numbers with the other driver(s).
- Never admit fault – Never take the blame for a car accident, even if you believe you were responsible. Admitting fault can be used against you in legal proceedings and jeopardize your ability to recover compensation.
- Take pictures or video of the accident scene – Taking photographs or video of the accident scene can document the damage to the vehicles, injuries sustained, and the overall circumstances of the crash. When taking images at the crash site, capture as much detail as possible, including pictures of the vehicles from different angles, visible injuries or damage, and road conditions.
- Exchange contact information – Get the other driver’s name, address, vehicle registration number, and driver’s license number.
- Get names of witnesses – Witnesses can provide valuable, unbiased testimony to support your case.
- Take notes about what happened while your memory is fresh – Document everything you remember about the accident, including the date, time, location, weather conditions, and other pertinent information.
- Report the accident to your auto insurance company – Your car insurance company needs to know about the accident as soon as possible. Check your policy for notification deadlines.
- Get medical help immediately – Seek medical attention after a car accident, even if you feel fine. Many serious injuries are not immediately apparent. Further, Florida law requires you to seek medical care within 14 days after an accident to recover compensation from your insurance company.
- Stay off social media – Posting about the car accident on social media could potentially harm your insurance claim or legal case. Anything you post online can be evidence in a court of law, including pictures, videos, and statements.
- Contact a Florida car accident lawyer – You deserve maximum compensation for your injuries after a car wreck. Insurance companies want to save money, not provide a full and fair payout. A skilled car accident attorney can negotiate for a full and fair settlement or fight for you at trial for the money you deserve.
How Do I File a Claim for a Car Accident?
If you’ve been involved in a serious car accident, you will likely have to navigate the confusing accident claims process. It’s important to understand the process because many accident victims make mistakes when filing a claim with their insurance company that can compromise their case if they decide to file a personal injury lawsuit.
The following missteps are harmful, but also easily preventable, with the help of an experienced personal injury lawyer.
- Don’t Leave Anything Undocumented: If you are ever in a car accident, documenting as much of it as possible helps ensure that your rights are protected. At the scene, you should take pictures from multiple angles and record or type notes about what you recall on your phone. Many accident victims are surprised to find that their memories of the event fade with time, and crucial evidence, therefore, sometimes slips away. It’s also important to report the accident to the police and your insurer as soon as you can.
- Don’t Incriminate Yourself: Regardless of who you believe was in the wrong, you need to be careful not to admit fault even in the slightest when making auto accident claims. You should review your insurance policy and, if you think your claim might not be covered, talk to an attorney before making an official statement. On a similar note, you should never make statements to a representative from the other driver’s insurance company without speaking to an attorney beforehand.
- Don’t Rule Out Seeking Help: Legal advice can only help in this kind of situation, especially if costly damage or injuries occurred. Don’t hesitate to contact a Tarpon Springs or Spring Hill personal injury lawyer, if you have questions or concerns about your rights or how to proceed with the auto accident claims process.
What Is The Process for Proving A Car Accident Case?
Besides auto accident reports, there are other tools that can be used to win your auto accident case, including:
- Driver credibility
- Physical evidence
- A neutral witness report
In order for a driver to be credible, his or her story should be consistent throughout the case. It also helps if the driver has a clean driving record and doesn’t seem to be lying. Since both drivers have a personal stake in the case, they’ll both do everything they can to win. A neutral witness doesn’t have anything to gain from either individual, so his or her testimony can be more reliable than either party involved in the case.
As far as physical evidence, pictures of the accident can go a long way in helping to show who was truly at fault. Pictures are much like neutral witnesses in that they don’t have a personal stake in the case and will only show the truth of the matter.
When it comes to making out auto accident reports, make sure that you explain to the police what happened very clearly and that you answer all questions carefully.
Is There a Time Limit For Filing a Car Accident Claim?
Yes, there is. In the state of Florida, you have two years to bring our car accident injury lawsuit to court. This is known as the statute of limitations. Should you not file your lawsuit within that two-year time span, you will have forfeited your chance to have your case heard in court. So, do not delay if you’re considering filing a car accident injury lawsuit.
Get a Free Consultation With a Skilled Car Accident Lawyer Today
You deserve justice and accountability after a car accident. The Florida car accident attorneys at Zervos & Calta, PLLC are ready to help. Contact us today for a free consultation.
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About the Author
Lauren Calta
Attorney Lauren Calta is a partner in the Tampa Bay law firm Zervos & Calta, PLLC. For 25 years, Lauren Calta has focused her legal practice on representing people who have been harmed in personal injury, car accidents or lost loved ones due to the negligence of others. A distinguished personal injury trial attorney, she has secured millions of dollars for her clients and is a lifetime member of the Million Dollar and Multi-Million Dollar Advocates Forum in recognition of having obtained a settlement or verdict in excess of $2 million. She also is an official member of Lawyers of Distinction, Tampa Bay Trial Lawyers, Clearwater Bar Association and Florida Justice Association.
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