First Moments After the Crash: Prioritize Safety and Report the Accident
Immediately following an accident, your safety—and that of anyone else involved—is paramount. If injuries are detected or the damage appears to exceed $500, Florida law requires you to contact law enforcement immediately. Dial 911 or call the Cape Coral Police Department to secure an official report, which often becomes a cornerstone of any subsequent legal claim.
Stay on Scene—but Move if Safe to Do So
Leaving the scene of an accident—even a minor one—can result in criminal charges. If your vehicle is drivable and there are no serious injuries, move your vehicle from the roadway to a safer location such as the shoulder or emergency lane. If it’s not safe to move your vehicle or your vehicle is not operable, activate your hazard lights and move yourself to a safe location if you are able to do so.
Exchange and Document Basic Information—and Avoid Admitting Fault
Exchange not only names, contact, and insurance details—but also driver’s license numbers, registration information, and vehicle identification numbers if readily available. However, do not admit fault, as such statements can be used against you.
Capture the Scene with Photographs and Witness Details
Visual and testimonial evidence is critical. Take photos of all involved vehicles, visible injuries, license plates, road conditions, traffic signals, skid marks, and any obstructions. Speak to bystanders and collect their names and contact details—witness statements can be invaluable in reconstructing accident dynamics.
Seek Medical Attention Fast—Don’t Delay PIP Coverage
Florida operates under a no-fault insurance system and requires a minimum of $10,000 in Personal Injury Protection (PIP) for all drivers. PIP helps to cover your medical costs regardless of fault, but you must seek medical treatment within 14 days of the accident to remain eligible for PIP benefits. Adrenaline can lessen your pain in the aftermath of an accident, and even seemingly minor injuries can escalate, so it’s wise to visit your doctor or emergency room promptly.
Notify Your Insurance Provider—but Speak Carefully
Contact your own insurance company as soon as possible to initiate a claim and open access to PIP and property damage coverage. Provide only factual information. Do not speculate or assign blame. If in doubt, don’t be afraid to say: “I don’t know.” Refrain from communicating with the at-fault party’s insurer or signing any documents without legal guidance.
Understand Florida’s Two-Year Statute of Limitations
If injuries are serious or long-term damages follow, you may pursue additional compensation through a civil lawsuit. Be mindful that Florida generally imposes a two-year statute of limitations for filing personal injury claims, and the same timeframe applies to wrongful death cases (counted from the date of passing). Missing this window can bar any legal recourse.
Navigating Florida’s no-fault system and understanding liability issues can be overwhelming. That’s where the experienced Cape Coral attorneys at Powers & Rogers, PLLC can step in to provide guidance and defend you against claims, if necessary. Contact us for a consultation.