The moments following a car accident are often a blur of confusion, adrenaline, and stress. What you do in these critical first few minutes and hours can have a significant impact on your health, your finances, and your ability to file a successful insurance claim or lawsuit.
If you find yourself in this unfortunate situation, take a deep breath and follow these five essential steps to protect yourself.
Step 1: Prioritize Safety and Get Help
Your first priority is everyone’s well-being.
- Check for Injuries: Assess yourself and your passengers for injuries. If anyone is hurt, do not move them unless they are in immediate danger (e.g., from a fire).
- Call 911: Immediately report the accident to the police and request medical assistance if there are any injuries, no matter how minor they may seem. A police report is an essential piece of evidence.
- Move to Safety: If possible and your vehicle is operable, move it to the shoulder or a safe location off the main road to prevent further collisions. Turn on your hazard lights.
Step 2: Document Everything at the Scene
Evidence disappears quickly. While you wait for the police to arrive, gather as much information as you can, provided you are not injured.
- Exchange Information: Get the other driver’s name, address, phone number, driver’s license number, license plate number, and insurance company information. Do not admit fault or apologize for the accident.
- Take Photos and Videos: Use your smartphone to take pictures of everything. Document the damage to all vehicles involved, the position of the cars, skid marks, traffic signals, weather conditions, and any visible injuries.
- Identify Witnesses: If there are any witnesses, politely ask for their names and contact information. Their objective account can be invaluable later.
- Get the Police Report Number: Before you leave the scene, ask the responding officer for the police report number and how you can obtain a copy.
Step 3: Seek Prompt Medical Attention
Even if you feel fine, some serious injuries, like whiplash or internal injuries, may not show symptoms for hours or even days.
- Get Checked Out: Go to an emergency room, an urgent care clinic, or your primary care physician as soon as possible after the accident.
- Florida’s 14-Day Rule: In Florida, you must receive initial medical treatment within 14 days of the accident to be eligible to use your Personal Injury Protection (PIP) insurance benefits. Delaying medical care not only risks your health but can also severely weaken your personal injury claim.
Step 4: Report the Accident to Your Insurer
Notify your own insurance company about the accident promptly.
- Stick to the Facts: When you report the crash, provide the basic facts: where and when it occurred and the other party’s information.
- Be Careful What You Say: Avoid giving a recorded statement to the other driver’s insurance adjuster without first speaking to an attorney. Adjusters are trained to ask questions that may get you to inadvertently minimize your injuries or accept partial blame.
Step 5: Consult with a Miami Car Accident Attorney
Before you accept any settlement offers or sign any documents from an insurance company, it is crucial to understand your legal rights.
- Protect Your Interests: Insurance companies aim to pay out as little as possible. An experienced Miami car accident attorney will advocate for your best interests, handle negotiations, and ensure you are not taken advantage of during a vulnerable time.
- No Upfront Cost: Most personal injury attorneys work on a contingency fee basis, meaning you don’t pay anything unless they successfully recover compensation for you.
Taking these steps can help bring order to a chaotic situation and lay the groundwork for a strong physical and financial recovery.