What to Do After a Car Accident in Florida

Introduction

The moments after a car accident are chaotic. Your heart is pounding. You might be in pain. Other drivers are honking. Someone might be yelling at you. Everything feels urgent and confusing.

Here's the truth: what you do in the first 24 hours after a Florida car accident can significantly impact your health, your legal rights, and your ability to recover compensation later.

As a personal injury attorney (and former prosecutor) who has handled hundreds of car accident cases, I've seen how small decisions at the accident scene—or in the hours after—can help or hurt a case. This guide walks you through exactly what to do, step by step.

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At the Scene: The First 15 Minutes

1. Check for Safety First

Before anything else, assess whether you and your passengers are safe:

• If you can move and it's safe to do so, move to the side of the road
• Turn on your hazard lights
• If anyone appears seriously injured, don't move them (unless there's immediate danger like fire)
• Check on other people involved in the accident

2. Call 911

In Florida, you must report accidents that involve:

• Injuries or death
• Property damage over $500 (which is almost every accident)
• A driver who appears impaired

Even for minor accidents, having a police report is valuable documentation. The responding officer will document the scene, collect statements, and create an official record.

Tip: Note the responding officer's name and badge number, and ask how to obtain the accident report.

3. Exchange Information

Collect from the other driver(s):

• Full name
• Phone number
• Address
• Driver's license number
• Insurance company and policy number
• License plate number
• Vehicle make, model, and color

If there are witnesses, get their names and phone numbers too. Witnesses disappear quickly—this is your best chance to identify them.

4. Document Everything

Your smartphone is your best tool here:

• Photos of all vehicles: Damage from multiple angles, license plates, overall positions
• Photos of the scene: Skid marks, traffic signs, road conditions, weather
• Photos of your injuries: Even minor scrapes or bruising
• Screenshots: Of your location (GPS) showing date and time

The more documentation, the better. You can always delete photos later—you can't go back and take them.

5. Be Careful What You Say

This is important: do not admit fault or apologize. Even saying "I'm sorry" can be used against you later.

Stick to the facts:

• Exchange information
• Describe what happened to the police officer (factually)
• Don't speculate about what caused the accident
• Don't discuss fault with the other driver

The First Few Hours

6. Seek Medical Attention

This is critical—even if you feel okay.

Some injuries don't show symptoms immediately:

• Concussions and traumatic brain injuries
• Whiplash and soft tissue injuries
• Internal bleeding
• Spinal injuries

Go to the emergency room if your injuries seem serious. Otherwise, see a doctor or urgent care within 24 hours.

Why this matters legally: Florida's PIP (Personal Injury Protection) insurance has a "14-day rule." If you don't seek medical treatment within 14 days of your accident, you may lose your PIP benefits entirely. Don't wait.

7. Notify Your Insurance Company

You have a duty to report accidents to your own insurance company promptly. Stick to the basic facts:

• When and where the accident happened
• What vehicles were involved
• Whether there were injuries
• The police report number (if available)

‍Do not give a detailed recorded statement yet. You can say you'll provide more details after you've had time to collect your thoughts and consult with an attorney.

The First 24 Hours

8. Don't Talk to the Other Driver's Insurance Company

The other driver's insurance adjuster may call quickly—sometimes the same day. They're trained to get statements that help them deny or minimize your claim.

You are not required to give them a statement. Politely tell them you're still gathering information and will be in touch, or that they can contact your attorney.

9. Keep All Documentation

Start a folder (physical or digital) for:

• Police report (when available)
• All medical records and bills
• Photos from the scene
• Repair estimates
• Rental car receipts
• Any correspondence with insurance companies
• A journal of your symptoms and how the injury affects your daily life

10. Consider Consulting an Attorney

Not every accident requires a lawyer. But you should at least consult with one if:

• You have significant injuries
• The other driver was uninsured or underinsured
• Fault is disputed
• The insurance company is already giving you trouble
• You're not sure about your insurance coverage

Most personal injury attorneys offer free consultations and work on contingency (no upfront cost to you).

What NOT to Do

❌ Don't post about the accident on social media. Insurance companies monitor social media. Even innocent posts can be used against you.

❌ Don't accept an early settlement offer. Insurance companies make quick offers hoping you'll settle before you understand the full extent of your injuries.

❌ Don't sign medical releases for the other driver's insurance company. They may use these to dig through your entire medical history looking for reasons to deny your claim.

❌ Don't miss medical appointments. Gaps in treatment can be used to argue your injuries aren't serious.

❌ Don't give a recorded statement to any insurance company without first consulting an attorney.

Free Download: Car Accident Checklist

Want a printable version of these steps to keep in your car? 

Download our free Florida Car Accident Checklist

Florida-Specific Considerations

PIP Insurance and the 14-Day Rule

Florida is a "no-fault" state, meaning your own PIP insurance pays your medical bills first (up to $10,000), regardless of who caused the accident. But you must seek treatment within 14 days to preserve this coverage.

Statute of Limitations

In Florida, you generally have two years from the date of the accident to file a personal injury lawsuit. This seems like a long time, but evidence disappears, witnesses forget, and building a strong case takes time. Don't wait until the deadline approaches.

Comparative Negligence

Florida uses "comparative negligence," which means you can recover damages even if you were partially at fault—but your recovery is reduced by your percentage of fault. This is why documentation and witness statements matter so much.

When to Call a Personal Injury Attorney

You should at least consult with an attorney if:

• Your injuries required medical treatment beyond basic first aid
• You missed work due to your injuries
• The other driver was uninsured or has minimal coverage
• Multiple parties were involved
• The insurance company is disputing fault
• You're unsure whether your own insurance coverage is adequate

At Kushel Law Group, we offer free consultations and can help you understand your options—even if you ultimately decide you don't need an attorney.

Schedule a Free Consultation