What to Do Immediately After a Car Accident in Fort Lauderdale

What to Do Immediately After a Car Accident in Fort Lauderdale
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What to Do Immediately After a Car Accident in Fort Lauderdale

A car accident in Fort Lauderdale can change your life in seconds. The steps you take in the minutes, hours, and days following a crash directly impact your health, your legal rights, and your ability to recover compensation for your injuries.

Florida law imposes specific obligations on drivers involved in accidents and strict deadlines on accident victims seeking medical treatment and legal recovery. Missing these deadlines can eliminate your right to insurance benefits and bar your personal injury claim entirely.

At Bozanic Law, we represent accident victims throughout Broward County, Miami-Dade, and Palm Beach. If you’ve been injured in a crash, understanding your rights and obligations under Florida law is the first step toward protecting yourself.

What Does Florida Law Require You to Do After a Car Accident?

Florida law imposes clear legal duties on every driver involved in a motor vehicle crash. Failing to comply with these obligations can result in traffic citations, criminal charges, and loss of your right to pursue compensation.

Stop at the Scene

Under Florida Statute § 316.027, the driver of any vehicle involved in a crash resulting in injury, death, or property damage must immediately stop the vehicle at the scene or as close as possible. Leaving the scene of an accident is a criminal offense in Florida:

  • Crash involving property damage only: Third-degree felony under § 316.061
  • Crash involving non-serious bodily injury: Third-degree felony punishable under § 775.082
  • Crash involving serious bodily injury: Second-degree felony punishable under § 775.082
  • Crash involving death: First-degree felony carrying a mandatory minimum of 4 years in prison

Exchange Information

Under Florida Statute § 316.062, all drivers involved in a crash must provide their name, address, vehicle registration number, and driver’s license or permit to any person injured in the crash, the driver or occupant of any other vehicle involved, and to any law enforcement officer at the scene or investigating the crash.

Render Reasonable Aid

Florida law also requires drivers to render reasonable assistance to anyone injured in the crash, including transporting or arranging transportation to a physician, surgeon, or hospital when it is apparent that medical treatment is necessary.

What Should You Do to Protect Your Health and Legal Rights?

Beyond the legal obligations imposed by statute, there are critical steps every accident victim should take to protect both their physical recovery and their ability to pursue a personal injury claim.

Seek Medical Attention Immediately

This is the single most important step after any car accident. Florida’s 14-day rule under Florida Statute § 627.736 requires accident victims to seek initial medical treatment within 14 days of the crash to qualify for Personal Injury Protection (PIP) benefits. If you fail to see a medical provider within this 14-day window, your PIP insurer can deny coverage for your accident-related medical expenses entirely.

Florida is a no-fault insurance state, meaning your own PIP coverage pays up to $10,000 in medical and disability benefits regardless of who caused the accident. However, full PIP benefits of $10,000 are only available if a physician determines you have an “emergency medical condition.” Without that determination, your coverage is capped at $2,500.

Even if you feel fine immediately after the crash, many serious injuries—including traumatic brain injuries, herniated discs, and internal bleeding—may not present symptoms for hours or days. A prompt medical evaluation creates a documented record linking your injuries to the accident, which is essential for both your insurance claim and any future personal injury lawsuit.

Call Law Enforcement

Florida law under § 316.065 requires drivers to report crashes involving injury, death, or property damage exceeding $500 to the nearest law enforcement agency. In Fort Lauderdale, the responding officer will complete an official crash report that documents the scene, the parties involved, witness information, road conditions, and the officer’s assessment of fault.

This crash report serves as a critical piece of evidence in your personal injury case. Request a copy of the report and review it for accuracy. If you believe the report contains errors, your attorney can help you contest inaccurate information.

Document the Scene

If you are physically able to do so, take photographs and video of the crash scene, including all vehicles involved from multiple angles showing the damage, any visible injuries you sustained, the roadway conditions and any debris or skid marks, traffic signals, signs, and road markings, and the license plates and insurance information of all parties.

Collect names and contact information from any witnesses. Witness testimony can be critical in establishing liability, particularly in cases where fault is disputed.

Do Not Admit Fault

Anything you say at the scene of the accident can be used against you. Do not apologize or make statements about what happened. Do not speculate about who caused the crash. Under Florida Statute § 316.062(3), your statutory duty to provide information to a law enforcement officer does not extend to information that would violate your privilege against self-incrimination.

Cooperate with law enforcement, provide the required identifying information, but do not volunteer statements that could be interpreted as admitting fault.

Notify Your Insurance Company

Report the accident to your own insurance company as soon as reasonably possible. Most auto insurance policies require prompt notice of a claim. Failing to report the accident in a timely manner can give your insurer grounds to question or deny your PIP claim.

When reporting, provide factual information about the accident—the date, time, location, and parties involved. Do not provide recorded statements or sign medical authorizations until you have consulted with an attorney.

How Does Florida’s Comparative Negligence Law Affect Your Claim?

Florida’s 2023 tort reform legislation—House Bill 837—fundamentally changed how fault is assessed in personal injury cases. Under the amended Florida Statute § 768.81(6), Florida now follows a modified comparative negligence standard:

  • If you are found to be 50% or less at fault, your compensation is reduced proportionally by your percentage of fault
  • If you are found to be more than 50% at fault, you are completely barred from recovering any damages

This is a significant change from Florida’s prior “pure” comparative negligence system, which allowed injured parties to recover damages even if they were mostly at fault. Under the current law, insurance companies have a powerful incentive to argue that you bear majority fault for your accident. Every statement you make, every delay in treatment, and every gap in your medical records gives insurers ammunition to shift blame onto you.

This is precisely why the steps you take immediately after the crash matter. Consistent medical treatment, thorough documentation, and careful communication create the evidentiary foundation your attorney needs to establish the other party’s liability.

What Are the Deadlines for Filing a Personal Injury Lawsuit in Florida?

Under Florida Statute § 95.11, as amended by HB 837 effective March 24, 2023, you have two years from the date of the accident to file a personal injury lawsuit based on negligence. This is a reduction from the previous four-year statute of limitations.

If you miss this two-year deadline, the court will dismiss your case regardless of the severity of your injuries or the strength of your evidence.

There are limited exceptions to this deadline, including cases involving minors, individuals who are legally incapacitated at the time of the accident, or situations where the at-fault party concealed themselves or left the state. However, these exceptions are narrow, and relying on them is risky.

The two-year clock begins on the date of the crash, not the date you discover the full extent of your injuries. Do not wait. Consult with an attorney as soon as possible after the accident to ensure your rights are preserved.

What Compensation Can You Recover After a Car Accident in Florida?

Accident victims in Fort Lauderdale may be entitled to recover compensation for a range of damages, depending on the severity of their injuries and the circumstances of the crash.

PIP Benefits (No-Fault Coverage)

Your own PIP policy covers up to $10,000 in medical expenses and lost wages (at 80% of reasonable medical costs and 60% of lost income) regardless of fault. These benefits are available immediately, subject to the 14-day treatment requirement.

Damages Beyond PIP

If your injuries meet Florida’s serious injury threshold under Florida Statute § 627.737, you may file a claim or lawsuit against the at-fault driver. To pursue damages beyond PIP, your injuries must involve one or more of the following:

  • Significant and permanent loss of an important bodily function
  • Permanent injury within a reasonable degree of medical probability
  • Significant and permanent scarring or disfigurement
  • Death

If the serious injury threshold is met, you may seek compensation for medical expenses exceeding PIP limits, lost wages and diminished earning capacity, pain and suffering, mental anguish, and loss of quality of life.

Wrongful Death Claims

If a car accident results in a fatality, surviving family members may file a wrongful death claim under Florida Statute § 768.21. The statute of limitations for wrongful death is two years from the date of death, which may differ from the date of the crash.

What Mistakes Should You Avoid After a Car Accident?

Insurance companies routinely exploit common mistakes made by accident victims. Avoiding these errors can significantly impact the value of your claim:

Delaying medical treatment gives insurers the argument that your injuries were not caused by the accident or are not as serious as claimed. The 14-day PIP rule under § 627.736 is an absolute deadline—miss it and you lose PIP benefits entirely.

Providing recorded statements to the other driver’s insurance company without legal representation often results in your words being used to minimize your claim or shift fault onto you. You are not legally obligated to give a recorded statement to the other party’s insurer.

Posting about the accident on social media creates a permanent record that insurance adjusters and defense attorneys will scrutinize. Photographs, comments, and check-ins can be used to contradict your injury claims.

Accepting a quick settlement offer before understanding the full extent of your injuries often results in compensation far below what your case is worth. Once you accept a settlement and sign a release, you cannot reopen your claim even if your injuries turn out to be more severe than initially anticipated.

Failing to follow your doctor’s treatment plan creates gaps in your medical record that insurers use to argue your injuries are not serious or that you failed to mitigate your damages.

Why Hire a Personal Injury Attorney After a Fort Lauderdale Car Accident?

A car accident claim involves navigating Florida’s no-fault insurance system, meeting multiple statutory deadlines, establishing liability under the state’s modified comparative negligence standard, and negotiating with insurance companies whose primary goal is to minimize their payouts.

At Bozanic Law, we handle every aspect of the personal injury process—from coordinating your medical treatment and dealing with insurance companies to filing your lawsuit and taking your case to trial if a fair settlement cannot be reached. Attorney Bozanic’s experience as a former prosecutor provides a unique perspective on building cases, evaluating evidence, and presenting compelling arguments.

We work on a contingency fee basis, which means you pay nothing unless we recover compensation on your behalf. There is no cost and no risk to consult with us about your case.

No Panic, Call Bozanic!

If you’ve been injured in a car accident in Fort Lauderdale, time is working against you. The 14-day PIP deadline, the two-year statute of limitations, and Florida’s comparative negligence rules all demand immediate action.

Call for a free and confidential consultation.

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