What To Do After a Car Accident in Miami That Is Not Your Fault?
Knowing what to do after a car accident in Miami—especially when it wasn’t your fault—is critical to protecting your rights. Florida law gives you the ability to pursue compensation, but it also requires specific evidence and timely paperwork. If you don’t act quickly, you could lose access to important documents or run into problems with your claim. At Payer Law Personal Injury Lawyers, we’re committed to helping crash victims get the justice they deserve. This guide outlines the general steps to take after a collision, but if you need personalized legal support, don’t hesitate to contact our Miami car accident lawyer, James D. Payer.
Reviewed by: James D. Payer
Table of Contents
- Step 1: Call 911 and Get a Police Report
- Step 2: Seek Immediate Medical Care—Even if You Feel Fine
- Step 3: Document the Accident Scene
- Step 4: Notify Your Insurance Company
- Step 5: Avoid Common Mistakes That Could Hurt Your Claim
- Step 6: Contact a Miami Car Accident Lawyer Early
- How Payer Law Can Help After a Serious Crash in Miami
Step 1: Call 911 and Get a Police Report
If you get into an accident in Florida, always call the police, even if the other driver admits fault or the damage appears minor. A police report is a key piece of evidence in both no-fault and fault-based claims in Miami.
Why You Should Always File a Police Report—Even if You Weren’t at Fault
Insurance companies rely heavily on police reports when determining fault, and attorneys can use them to build your case. Even in a no-fault state like Florida, this report helps document the facts and may protect your rights. Always file a report, no matter how minor the crash.
How a Police Report Can Help You Sue the At-Fault Driver
If your injuries meet Florida’s serious injury threshold, you may be eligible to file a lawsuit against the at-fault driver. In these cases, your accident report can help you demonstrate the other party’s negligence and support injury claims by confirming details like time, location, and injury description.
You can get a copy of your Florida accident report online, in person, or via mail request.
Step 2: Seek Immediate Medical Care—Even if You Feel Fine
Many people walk away from a car accident feeling fine. They assume they won’t need coverage, but many common car accident injuries can have delayed symptoms. Prompt medical care can identify hidden injuries, such as whiplash or a concussion, and get you on the road to treatment.
Can You Still Get PIP Coverage if You Weren’t the One Who Caused the Crash?
Florida is a no-fault state, so you can draw on your PIP coverage whether or not you caused the crash. PIP coverage is available to the policyholder, their passengers, their immediate family members, and any pedestrians their car may have injured.
You Must Seek Medical Care Within 14 Days of Your Accident to Claim PIP Coverage
Additionally, you may only claim PIP coverage in Florida if you seek medical care within 14 days of your accident. If you delay treatment or ignore your symptoms, you could lose your eligibility for coverage and end up paying medical expenses yourself. Getting prompt medical attention protects both your health and your right to compensation.
Step 3: Document the Accident Scene
It’s crucial to take photos and videos of the scene anytime you’re in an accident. This may seem like an extra step if you’re certain the other driver is at fault, especially if they’ve admitted responsibility. But unfortunately, at-fault drivers often change their stories after they leave the scene. When you have objective evidence, it’s much more difficult for the other party to dispute your version of events.
Collect photos and videos from as many angles as possible. Capture the damage, injuries, surroundings, and road conditions. Try to collect witness names and phone numbers if bystanders are willing to provide them.
Step 4: Notify Your Insurance Company
You must report a crash to your insurance company, even if you didn’t cause it. This step starts the process for your Miami no-fault claim, and most insurance companies require you to notify them of any accident.
Step 5: Avoid Common Mistakes That Could Hurt Your Claim
Now that you know what you should do after a car accident that was not your fault, here’s what not to do. These typical mistakes can lead to the insurance company denying your claim or undervaluing your damages, so you don’t get the full compensation you deserve.
For example:
- Delaying medical care: You may be able to handle your injury at home, but without treatment records, you can’t qualify for PIP coverage.
- Admitting fault without knowing the whole situation: It’s natural to want to apologize after a crash, especially if you believe you might be at fault. However, accidents are often more complex than they appear, and the other driver could be partially or entirely responsible.
- Posting about the crash on social media: Insurance companies can access those records and use what you say to blame you for the crash. Blaming the claimant is one of the most common tactics insurance companies use to deny claims.
- Taking the first settlement offer: Insurance companies often issue quick, low-ball offers, hoping you’ll accept and they’ll save money. Don’t accept anything until you know the full cost of your injuries. Ideally, wait until you have a lawyer.
- Not getting legal representation: It’s easy to assume a case is straightforward when you are not at fault. Unfortunately, the other party might try to turn things around, or insurance companies might try to undervalue your claim.
An experienced car accident attorney in Miami can stand up against powerful insurance companies, protecting your right to fair compensation.
Step 6: Contact a Miami Car Accident Lawyer Early
Even in a no-fault state like Florida, a Miami car accident lawyer helps you protect your rights and deal with insurance companies. You may also be able to sue the at-fault driver if your crash resulted in serious injuries.
Florida defines an injury as serious if it involves:
- Significant and permanent loss of bodily function
- Injuries with a high probability of permanence
- Substantial and permanent disfigurement or scarring
- Death
How Payer Law Can Help After a Serious Crash in Miami
At Payer Law, we offer expert injury law services in Miami and have extensive experience in handling complex medical cases. Our proven case results demonstrate our knowledgeable and aggressive representation, and our personalized approach is evident in what clients say about us. We treat every client like family, and it shows.
It pays to call Payer Law. Call (305) 363-7099 or contact us online to schedule your free consultation.
12000 Biscayne Blvd STE 503
Miami, FL 33181
(305) 363-7099
Hours: Open 24 hours daily
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