At the Scene
Call 911. Even if the collision appears minor, a police report creates an official record of when, where, and how the accident occurred. Adjusters and courts rely on police reports. Do not agree to "handle it privately" without a report.
Do not move vehicles unless they are creating a hazard to other traffic. Positions of vehicles at the scene matter for reconstruction.
Check yourself and passengers for injury. Adrenaline can mask pain. A neck that feels stiff at the scene may be severely injured. Do not self-diagnose based on how you feel in the first hour.
Photograph everything before you leave. Vehicle damage from all angles, skid marks, traffic signals, the intersection or road, license plates, the other driver's license and insurance card. If other witnesses are present, get their contact information.
Do not discuss fault. Do not apologize. Do not speculate about what happened. Statements made at the scene can be attributed to you later. Exchange information and let investigators determine fault.
In the First 24–48 Hours
Seek medical evaluation immediately. Florida's PIP law requires you to seek treatment within 14 days of the accident or you lose PIP benefits. But beyond the legal deadline, early documentation of your injuries matters. If you wait a week, adjusters will argue your injuries were not caused by the accident.
Do not post about the accident on social media. Insurance companies routinely monitor plaintiff social media. A post that shows you at an event, exercising, or appearing "fine" will be used to dispute your claimed injuries.
Notify your own insurance company. Your policy requires prompt notice of accidents. This is different from giving a recorded statement — you are providing notice, not making a detailed statement about fault or injuries yet.
Do not give a recorded statement to the other driver's insurer without speaking with an attorney first. See our guidance on recorded statements for more detail.
In the First Two Weeks
Attend all scheduled medical appointments. Gaps in treatment — even a week without a documented medical visit — are used by adjusters to argue that your injuries were not serious or that you have recovered. If you cannot attend, call and reschedule. Document the reason.
Keep records. Save every medical bill, every explanation of benefits from your insurer, every receipt for prescription medication or medical equipment, and every record of missed work days. Photograph any visible injuries as they develop — bruising often appears days after an accident.
Write down what happened while it is fresh. A personal account written close in time to the accident — what you remember about the other driver's behavior, road conditions, what was said — can be valuable later if your memory fades or your account is disputed.
Before Accepting Any Settlement
An insurance company may offer a settlement quickly. Early offers are almost always made before the full extent of your injuries is known. In Florida, when you sign a release and accept a settlement, you waive all future claims from that accident — including medical costs you have not yet incurred.
Before accepting any offer, you should understand:
- Whether your treatment is complete or ongoing - Whether any future treatment has been recommended - The full scope of your documented medical costs and lost wages - Whether your injuries meet Florida's serious injury threshold for a bodily injury claim
Speaking with a personal injury attorney before accepting any offer costs you nothing. Most attorneys offer free consultations and handle injury cases on a contingency basis.
The Statute of Limitations
Florida law sets a deadline — a statute of limitations — for filing a personal injury lawsuit. As of 2023, the deadline for most car accident injury claims in Florida is two years from the date of the accident.
Missing this deadline generally means losing the right to pursue compensation through the courts entirely, regardless of how strong your case may be.
Two years can pass faster than it seems, particularly when you are focused on medical treatment and recovery. If you are considering whether to pursue a claim, do not wait until the deadline approaches to seek legal advice.