The moments following a collision are critical, and your actions can greatly impact your physical recovery, legal rights, and financial well-being.
A car crash is a jarring and stressful experience. The moments following a collision are critical for drivers in South Florida, where over 100,000 crashes occurred in 2024. Making a mistake in the confusion can cost you thousands of dollars and compromise your ability to get fair compensation.
- Admitting Fault at the Scene
Even a simple “I’m so sorry” can be construed as an admission of guilt by insurance companies and legal teams. Avoid speculating on who was at fault in the chaotic moments after a crash.
When speaking with the other driver and law enforcement, stick to the facts. Let investigators determine the cause of the accident based on evidence from the scene.
- Not Calling the Police
Failing to call the police, especially in a minor fender-bender, is a major error. A police report is an essential piece of official documentation that details the circumstances of the crash.
Insurance companies rely on this report to validate claims. Without it, you lack a crucial, objective record of the incident, making it harder to prove your case.
- Failing to Document the Scene
Your smartphone is one of your most powerful tools after an accident. If you are physically able, gather as much evidence as possible before leaving the scene.
This documentation creates a clear record supporting your insurance claim and legal case. Be sure to collect:
- Photos and videos of property damage from multiple angles.
- Documentation of the surrounding area, including traffic signals, road conditions, and skid marks.
- The other driver’s name, contact information, license plate, and insurance details.
- Contact information for any witnesses.
- The responding police officer’s name and badge number.
- Delaying Medical Treatment
Not all injuries are immediately apparent. Adrenaline can mask pain, and some serious conditions, like whiplash or internal injuries, may take hours or days to surface.
Seek a medical evaluation as soon as possible after a crash. Delaying treatment gives insurance companies an opportunity to argue that your injuries were not caused by the accident. A prompt medical report directly links the collision and your physical condition.
- Speaking to the Other Party’s Insurance Adjuster
The other driver’s insurance company may contact you quickly and seem friendly, but their goal is to protect their company by minimizing your claim’s payout. They may ask for a recorded statement to find inconsistencies or get you to say something undermining your case.
Decline to give a statement and direct all communication to your attorney. You are not obligated to speak with the other party’s insurer.
- Posting on Social Media
Insurance companies and opposing lawyers actively search social media for evidence to use against you. A photo of you at a social gathering or a comment about feeling fine could be used to contest the severity of your injuries.
Refrain from posting details about the crash, your injuries, or your daily activities until your case is resolved.
- Accepting the First Settlement Offer
Insurance companies often make a quick, lowball offer to close a case cheaply. This initial amount rarely covers the full extent of your damages, including future medical bills, lost wages, and pain and suffering.
Never accept offers without consulting a lawyer. A legal professional can assess the actual value of your claim and work out a fair compensation. High-stakes accident litigation in Florida highlights the complexity of these cases.
- Not Understanding the Full Extent of Your Damages
Compensation isn’t just about vehicle repairs. A settlement should cover all your losses, including medical expenses, lost income, property damage, and non-economic damages like pain and suffering.
According to legal experts, Florida car accident settlements for injuries can range from $1,000 to over $50,000, depending on severity. An attorney can help calculate your total damages to ensure you don’t settle for less than you deserve.
- Trying to Handle the Claim Alone
The legal and insurance processes are complex. Without experience, it’s easy to miss deadlines, misinterpret policy language, or make statements that hurt your claim. Hiring a lawyer specializing in Florida’s tort law provides you with a professional advocate who understands the system.
- Accepting a Settlement Without Understanding the Net Payout
The total settlement amount is not what you receive. Medical liens, court costs, and attorneys’ fees are deducted first. Knowing your net recovery is vital to clearly understanding all deductions.
Before agreeing to a settlement, find out how much does a lawyer get from a car accident settlement. Ask for a detailed breakdown to ensure the final amount is acceptable. Florida attorneys typically work on a 33.3% contingency fee for pre-lawsuit settlements, but this can rise to 40% if the case goes to trial.
Note: The moments after a car crash are confusing, but these steps can protect you from long-term financial and legal trouble. Staying calm and being methodical is your best defense.
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