10 Things To Do Following a Car Accident
After a long day at work you are sitting at a red light listening to the radio play. You reach down to grab a fallen dime then suddenly hear a loud, unfamiliar screeching sound. Moments later you come to understand the source of the sound, the car behind you was distracted and realized too late that you were stopped in front of him slamming into the rear of your reliable car. Examples like this car accident are common in Florida, below our lawyers put together a list of ten things to do following a car accident should you ever need advice:
1. What To Do Right After a Car Accident
Attempt to move your vehicle to a safe place to avoid any further accidents with other cars and be aware of your surroundings then call 911. Check yourself and any passengers you have for any injuries, if someone is hurt either administer first aid or seek help from potential witnesses that may be able to help.
When you call 911 be sure to report the license plate number of the driver that hit you and closely examine the nearest street intersection to where your accident happened and let the operator know. If there are any injuries request an ambulance be immediately dispatched to the scene of the accident to provide aid. When in doubt err on the side of caution and request paramedics to the scene of your accident.
Many times following an accident people enter into a state of shock, you must do your best to remain calm and make rational decisions. Tragically, we have had cases in which following an accident our client became unaware of their surroundings and stepped out into oncoming traffic.
2. Call The Police
Often times following a car accident the parties will come to a verbal agreement not to call the police, this is one of the biggest mistakes my clients make. It is common for injuries to show in the days following a car accident. I have had clients retain my services after not reporting a car accident and often times the defendant either gave my client incorrect information or has since changed their story now calling my client as the at fault driver.
When this happens it is an uphill battle in establishing who is at fault and often times the insurance companies rely upon the police to report to establish some sense of responsibility. Without this important document the very best my clients can usually hope for is 50% recovery based on the insurance companies not knowing who is at fault.
While not every accident needs to be reported, Fl. Stat. § 316.065 shows any accident in which there is bodily injury or property damage in excess of $500 or more must be reported to the local police as soon as possible.
3. Document The Scene
Immediately following your car accident and calling the police, take a photo of the other vehicle that captures their license plate number clearly. The second biggest mistake my clients make include not documenting the scene of the accident in an effective way to support their claim.
Countless times my clients have experienced hit and run scenarios in which the person that hits their car then leaves the scene of the accident. Without either quickly taking a photo of the other driver’s car or having a dash cam that recorded the incident, my clients often have no recourse unless they carry uninsured motorist coverage.
Include a photo of the driver if possible, sometimes a vehicle is later found from these hit and runs however the driver is never identified. If we can locate both the driver and the vehicle we may be able to make a recovery from either of these individuals.
4. Exchange Insurance Information
After calling the police and capturing an image of the other persons vehicle and license plate, get out and speak with the other driver if doing so is safe. You should exchange insurance information and make sure to either take a photo of their insurance card or write down legibly the name of the company, the policy number, the name of the insured driver, and the type of vehicle that is insured.
Be sure to check that the coverage date listed on the proof of insurance is valid and not expired. If it is expired there is a chance the person has a different insurance policy or no insurance at all.
This is often the point following a car accident where the other driver requests to not report an accident for fear of having their insurance premiums increase. While the person that hit you may seem nice enough at the scene of the accident, never agree to this. I have had countless clients agree to not reporting a car accident where the person that hit them agreed to pay for all damages. after finding out how much the repairs are actually going to cost, they then go back and dispute liability or attempt to pay for a smaller portion of the damages.
5. Get a Copy Of Their Driver’s License
After obtaining all insurance information, do not forget to request a copy of the driver’s identification. It is often best to simply take a photo to prove who it was that hit your vehicle. In the event the other driver refuses to provide their ID to you, wait until the police arrive at the scene and they will request a copy to put in their report.
Remember, if it appears that the driver may leave the scene of the accident take a photo or video of them as soon as possible.
6. Take a Video Leading Up To The Car Accident
It is a good idea to retrace your steps following a car accident by recording the scene of the accident on your phone. Take a short video in which you can narrate exactly what took place and how the accident happened. Remember to be aware of your surroundings when you do this as to not impede traffic or cause another injury. Always act in a safe and responsible way.
7. Take Photos Of The Cars
After taking a short video showing how and where the car accident happened, document the damages to both your vehicle and the defendants. They say a photo is worth a thousand words and getting high quality photos of both cars involved in the accident can mean the difference between winning or losing your case.
Many times the insurance company will determine liability based on photos of an accident. Be sure to document the area’s damaged of each vehicle and save these photos for your lawyer when to speak with them.
8. Wait For The Police To Arrive
Depending on what part of town your accident happens, either the local police department, the sheriffs office, or the highway patrol will be dispatched to the scene of your car accident. Response times can vary greatly from just a few minutes to a few hours. While it may seem like a large inconvenience now, waiting for them is paramount to your case.
If you do not wait for the police to arrive at the scene of your car accident, they may not do a full report documenting your accident. Even worse, if you do not stay and the other driver does, the police may create a report only on the word of the other driver.
9. Get a Copy Of The Driver’s Exchange Of Information
After the police come to the scene and take statements from both you and the other person involved in the car accident, they will not give you a full report. Instead they will provide you with what’s called an exchange of driver’s information in which will list the names of both drivers, the vehicles they were driving, the names of any insurance carriers and policy numbers, any passengers in either vehicle, and the location and date of the accident.
Make sure there are no errors in the driver’s exchange of information. It is not uncommon for there to be typos or errors in a report including the date or names of drivers. As your car accident lawyer we can get this fixed later down the road however it is always better to have it corrected at the scene of the accident.
10. Speak To Your Car Accident Lawyer Before Anyone Else
Finally, once you have completed documenting the scene of the accident and received your exchange of driver’s information from the police, call your car accident lawyer before anyone else. We will be able to collect all of the information you obtained and conduct a thorough investigation into any and all coverages that may apply to you.
If needed, we will negotiate on your behalf to resolve your property damage and find you any medical attention you may need. As your car accident lawyer, we know what it takes to properly develop a case to maximize any recovery to you. We also know what may harm your case and lower it’s value. When you call our car accident lawyer we will handle every aspect of your case. You concentrate on your physical and mental recovery, we will concentrate on your financial recovery.
Attorney Logan Lawrence
March 29th, 2022