Collier & Associates
info@flaattorneys.com
(954) 452]9500
What To Do In Case Of A Florida Car Accident:
1. STOP
Florida law requires the driver of any vehicle involved in an accident to immediately stop
at the scene. You should make sure you do not block traffic any more than necessary. If the
accident involved an unattended vehicle or other property, you should attempt to locate the
owner. If you cannot find the owner, then you are required to leave a conspicuous note,
giving your name, address and vehicle registration number. You must notify police of the
accident immediately. If the accident involved an attended vehicle or property, both
drivers must stop at or close to the scene, without obstructing traffic any more than is
absolutely necessary.
2. ASSIST THE INJURED
Your first responsibility in the event of an accident with an occupied car or property is to
find out if anyone is hurt. If someone is seriously injured, get an ambulance, rescue squad,
or doctor immediately. You are required to provide the injured person all reasonable
assistance, including attempting to obtain treatment for him or transportation to a doctor
or hospital. However, you should not attempt to provide treatment for injuries yourself
unless you are trained in first aid. Even with good intentions you may make the injury
worse if you do not know what you are doing.
3. PROTECT THE SCENE
The cars should be left where they came to rest unless they are blocking traffic. While it is
important to protect the accident scene, obstructing traffic can delay the arrival of police
or emergency vehicles or even cause another accident. For this reason, it is essential that
you carefully note the positions of any vehicles involved in the accident that are obstructing
traffic -- and then move then. The use of flares, flashlights, or your cars four-way flashers
can help provide warning to other drivers of the accident scene.
4. NOTIFY AUTHORITIES
All accidents do not require police notification. Only accidents involving injury to or death
of any person or damage in excess of $500.00 requires police notification. All other
accidents (minor in nature as defined by the Statute) do not have to be reported to the
police as long as the drivers exchange information or notice is given to an unattended
vehicle or property of the cause of the damage. Written reports of accidents have to be
made to the Division of Highway Safety and Motor Vehicles within five (5) days after an
accident which results in bodily injury to or death of any person or damage to any vehicle
or other property of an apparent amount of at least $500.00 unless an investigating police
officer has made a written report having been notified of such accident.
5. PROVIDE REQUIRED INFORMATION
You are required by law to provide the other driver in an accident with your name,
address, and vehicle registration number, and to let the driver see your license. You are
entitled to the same. Always ask to see a drivers license, and copy down the number as well
as his name and address. You are also required to provide the investigating officer with
whatever information is needed to determine the cause of the accident. They statements
you make to the officer alone to assist the investigation are privileged. If you are charged
or sued, they cannot be used against you in court.
6. DO NOT COMMENT
With the exception of your exchange of required information, you should not comment on
the accident. Keep your notes and opinions to yourself. Do not admit you were wrong or
careless. Such admissions, made in the tension and excitement of the moment, may not be
accurate -- but they could turn out to be costly. There is time to admit responsibility after
the facts are all in if they clearly show you were wrong. If the accident was a serious one,
you should consult a lawyer as soon as possible -- before arriving at any agreements with
anyone, and before making any admissions. A plea of guilty to a traffic charge may
sometimes be used against you in a lawsuit to establish your civil liability for damages.
7. OBTAIN WITNESSES
Get the names and addresses of all the witnesses you can. Attempt to have them write down
or at least state to you what they know, at the scene. Keep a pencil and pad in your car so
you will be able to make necessary notes.
8. TAKE NOTES
Sketch a diagram of the scene, pace off distances, and note skid marks, broken glass,
positions of the cars, and locations of damage. If you have a camera with you, take photos
of the scene. Try to clarify what happened in your own mind while events are still fresh.
Write down all you have noted -- you will forget a great many details in a short period of
time.
9. WHEN TO LEAVE
After you have assisted the injured, obtained identification from the other driver, provided
your own name, address and identification, gotten the names of witnesses, studied the scene
so that you know what happened to cause the accident, and assisted the investigating officer,
you are free to go.
10. SEE A DOCTOR
Serious injuries do not always show immediate symptoms. It would be wise to have your
doctor examine you as soon as possible.
11. BILL OF RIGHTS
Florida has personal injury protection insurance which is known as "no-fault insurance. This
insurance will reimburse expenses up to $10,000. Your insurance company will pay 80 percent
to all reasonable expenses for necessary medical care and treatment. Such benefits may also
include remedial treatment and services recognized and permitted under the laws of the state
for an injured person who relies upon spiritual means through prayer alone for healing in
accordance with his religious beliefs. Your insurance company will also pay 60 percent of any
loss of gross income or loss of earning capacity. They will also pay 60 percent of all expenses
reasonably occurred in obtaining from other ordinary and necessary services in lieu of those
that, but for the injury, the injured person would have performed for the benefit of his
household.
Your insurance contract may also have medical payments coverage. This medical payments
coverage may also be applied to your medical bills either in total or to pay the 20% remaining
from no-fault. Your insurance company must apportion claims between the PIP and medical
payments coverage to in a fashion to maximize your benefits.
Check your coverage carefully and review your policy with legal counsel. Effective October
1, 1994, when an injury claim is filed under a no-fault insurance policy, the company will have
21 days to send the person a "bill of rights"\sc1\a state-approved form explaining precisely
what benefits he or she is entitled to and how quickly the company must pay them. The law
provides 10 percent interest on PIP benefits not timely paid. It also provides for fines to be
assessed against PIP insurers by the Department of Insurance for failure to pay benefits within
the prescribed time.
12. COMPLY WITH INSURANCE LAWS
Everyone who lives in Florida or who operates a motor vehicle here for over 90 days a year
must have personal injury protection (PIP) insurance. If you are also entitled to receive similar
benefits from a major medical or disability insurance policy, Medicare, military pension
benefits, or other sources, you should ask your auto insurance company about a policy which
will provide a deduction to allow for such other payments. The rates on such a policy may be
significantly cheaper than standard policy rates. Since most other insurance policies protect
the company against double payments for the same expenses, you may not lose any benefits
with the larger deductible.
13. OPTIONAL COVERAGE
You may also purchase insurance to cover damage to your auto, auto liability insurance,
medical payments coverage and uninsured motorist coverage. Auto liability insurance may be
very important to you. It protects those who are "insureds" from legal liability for bodily
injury or property damage to others, caused by auto accidents. Further, the insurer agrees to
defend insureds against all liability claims for which coverage is afforded. Auto liability is the
most common way of complying with the Florida Financial Responsibility Law.
Uninsured Motorist Protection should seriously be considered and may be one of the best
bargains in auto insurance. In effect, you are establishing insurance coverage for those
situations in which the other at fault driver is uninsured or insufficiently insured. If you or
someone else under your policy was seriously injured, a claim could be made against your own
carrier for all damages recognized by the laws of Florida.
14. MAKE NO PAYMENTS
The driver of the other car cannot force you to pay anything without legal proceedings, and
you or the other drivers insurance company must pay for damages in many instances.
Accordingly, you should carefully consider the circumstances before making payments to the
other driver for damage to car or property. You would be prudent to seek the advice of your
insurance agent and your lawyer.
15. DISPUTES REGARDING PIP BENEFITS
In the event you are having a dispute with the insurer for PIP benefits you may demand
mediation of the claim before resorting to the courts by filing a request with the Department
of Insurance on a form provided by the Department. Mediation is an informal process
whereby a neutral mediator selected by the Department of Insurance will work together with
you and the insurer to resolve the dispute. You may reach the Department at a local service
office or call 1-800-342-2762.
16. SELECT YOUR OWN LAWYER
Do not allow anyone to rush you into a settlement. You may be entitled to significantly more,
or you may not be obligated to pay as much. By consulting a lawyer you will safeguard your
own rights. Attorneys are designated in specialties to aid in selection. Any attempt by lawyers
to contact you for employment without your request should be reported to The Florida Bar.
You must select counsel and be wary of attempts to solicit you as a client.
Collier & Associates
info@flaattorneys.com
(954) 452]9500
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