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3 Things to Never Say at the Scene of a Car Accident in Florida

3 Things to Never Say at the Scene of a Car Accident in Florida

What you say after a car accident in Florida can impact your insurance claim and potential to recover compensation. 

After a car accident, your emotions and adrenaline are running high. You may be angry, confused, and in pain. Under the stress of the moment, you may be tempted to lash out at the at-fault driver or try to diffuse the situation by letting everyone know you are okay. However, what you say at an accident scene in Florida can be held against you, potentially impacting liability, insurance claims, or even legal consequences. To help protect your rights, our Florida injury attorneys share three things you should never say at the accident scene.

 

1. Do not apologize or say, “I’m sorry.”

One of the biggest mistakes people make after a car accident is apologizing to the other driver—even if the accident is not their fault! It’s a natural response to say, “I’m sorry,” after an accident. However, apologizing can be seen as an admission of guilt. In Florida, fault can affect how damages are determined. Any statement of guilt or liability can be used against you by the insurance company. This can impact your chances of a fair settlement.

Instead, express concern and compassion by focusing on the safety of everyone involved. Keep your conversation to a minimum and let the police and insurance investigators determine liability.

2. Do not say, “We don’t need to call the police.”

Even if the accident seems minor, you should never say, “We don’t need to call the police.” In Florida, calling the police after a car accident isn’t just a smart step; it’s often legally required and can protect you in several ways. Whether the accident is a fender-bender or involves serious injuries, here’s why contacting law enforcement is critical:

    • You’re legally required: Florida law requires drivers to call the police for any accident that involves injuries, fatalities, or significant property damage. Specifically, if the damage appears to be over $500, you’re legally required to report the accident. Failing to do so can result in penalties, including fines and even a misdemeanor charge in more severe cases.

 

    • You need a police report for your insurance claim: In Florida, you must have a police report to file a successful insurance claim, especially if injuries are involved. The report validates that an accident occurred and helps establish liability and damage assessments, which are critical factors in determining how much compensation you may receive for vehicle repairs, medical expenses, or other damages. Without an official report, your insurance company may have difficulty processing the claim, and you might end up with limited compensation or even a denied claim.

 

  • You receive immediate help and a safety assessment: Calling the police ensures immediate professional help in assessing the safety and medical needs of everyone involved. Police officers are trained to handle accident scenes safely, including directing traffic, evaluating potential hazards, and arranging for medical assistance if needed. Even in cases of minor accidents, having the police on the scene can prevent further incidents and make sure everyone remains safe.

 

3. Don’t say, “I’m okay,” or “I’m not hurt.”

At the accident scene, adrenaline can mask injuries, making you feel fine even if you aren’t. If you say, “I’m okay,” or “I’m not hurt,” you could harm your chances of receiving compensation if injuries become apparent later. Soft tissue injuries, such as whiplash, internal bleeding, and concussions often have delayed symptoms. Therefore, it’s best to avoid making statements about your physical well-being at the accident scene.

Instead, inform the other driver or police that you’ll seek medical attention as a precaution. In Florida, if you plan to file a personal injury protection (PIP) claim, you must see a doctor within 14 days of the accident. Seeking prompt medical care not only protects your health but also helps to establish a record if you experience symptoms in the hours or days following the crash.

At an accident scene, it’s important to stay calm and avoid saying anything that could be used against you. Remember to avoid apologizing, always call the police, and don’t make definitive statements about your health. Instead, focus on exchanging information, cooperating with authorities, and seeking medical attention. Taking a cautious approach can protect you from potential legal or financial pitfalls and ensure you have a strong foundation for any claims or recovery efforts that may follow.

 

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If you are injured in an accident in Gainesville, Ocala, Lake City, Jacksonville, The Villages, or surrounding areas, you should contact the experienced accident attorneys at Avera & Smith right away. For over 70 years, our firm has represented accident victims throughout Florida. We are one of the highest-regarded personal injury law firms in the state, securing more than $250 million in settlements and verdicts.

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