BY CINDY A. GOLDSTEIN, ESQUIRE
CINDY A. GOLDSTEIN, P.A.
Unfortunately most of us will all be in an automobile accident at some point in our lives. When I consulted with a new potential client, the client told me, "I didn't realize I had to call the police. He apologized for cutting me off and we exchanged insurance information. I just wanted to get to work." I was also told by another client, "Yes there were witnesses to the accident, but I didn't get their information. I was in shock. I have never been in a car accident before and didn't know what to do."
Of course, if you are injured in a car accident through no fault of your own, it is important to consult a personal injury attorney as soon as possible. But many things can happen to hurt your case before you obtain the legal advice of a personal injury attorney. Getting into an accident is not planned. Here are some easy but important things to consider in the event you are in an automobile accident:
1. CALL THE POLICE TO OBTAIN A POLICE REPORT
Florida law requires the driver of any vehicle involved in an accident to immediately stop at the scene. The vehicles should not be moved unless they are blocking traffic. If vehicles are blocking traffic, they can be moved, but the positions of any vehicles involved in the accident should be noted. You should urge any potential witnesses in your favor to stop and give a statement to the investigating officer.
Why call the police even if you do not feel pain immediately?
Not all accidents require police notification. Only accidents involving injury to or death of any person or damage in excess of $500.00 require police notification. All other accidents (minor in nature as defined by the Statute) do not have to be reported to the police as long as the drivers exchange information or notice is given to an unattended vehicle or property of the cause of the damage.
If you are not at fault for the accident, it is important that you protect yourself by obtaining a police report. Even if the other person who caused the accident admits fault at the scene and begs you not to call the police, this same person may in fact deny fault later on. I once had a client who was cut-off by a gentleman. The at-fault party apologized for cutting him off and admitted he did not see him. He begged my client not to call the police. They exchanged insurance information. After my client made his claim with the at-fault party's insurance company, we learned that the at-fault party quickly changed his tune and claimed that my client rear-ended him and denied ever changing lanes.
Imagine taking not calling the police and simply exchanging information only to find that the at fault person gave you a false name, phone number, and false insurance information.
2. STOP ALL WITNESSES IF POSSIBLE
Often times, there is an issue of who was at fault for the accident. You say you entered the intersection on a green light and the other person ran a red light. The at-fault party argues that he had the green light and you ran a red light. How do you prove that you did not cause that accident and the other party's version of the accident is inaccurate? After getting into the accident, you may be disoriented, in shock, or in pain. Urge any potential witnesses in your favor to stop and give a statement to the investigating officer. If the witness cannot stay at the scene, get his/her contact information.
3. REQUEST PARAMEDICS OR SEE A DOCTOR IF YOU HAVE PAIN OR DISCOMFORT
You may not feel pain immediately on the scene due to an "adrenaline rush." Serious injuries do not always show immediate symptoms. If you feel discomfort or pain, go to the hospital or see a doctor immediately. Florida law maintains that everyone who owns an operable motor vehicle or who operates a motor vehicle here for over 90 days a year must have PIP (no-fault) insurance. This means that your own insurance company will potentially pay, among other things, 80% of all reasonable expenses for necessary care and medical treatment related to the accident.
4. RETAIN A LAWYER TO PROTECT YOUR RIGHTS!
If you intend on seeking legal representation, do so as soon as possible. Your attorney should contact the applicable insurance companies and put them on notice of the accident. If you choose to notify the insurance companies of the accident prior to retaining an attorney, simply report the accident and advise the insurance company that you are retaining an attorney and that a statement can be provided after you have consulted with your attorney.
