No one wants to be involved in an auto accident. They usually happen so fast, you're not sure what to do next. The accident attorneys at Lilly O'Toole & Brown LLP have developed a checklist of '8 Tips To Follow After A Car or Truck Accident.' Always consult your attorney if you are involved in an auto accident.

Auto, Truck & Motor Vehicle Accidents

Serving Central Florida, Orlando and Tampa, FL

Orlando, Tampa and Central Florida Car Accident LawyerWhat Do I Do Now?

No one wants to be involved in an auto accident. They usually happen so fast, you're not sure what to do next. Here are a few tips to assist you in negotiating the tricky road of being in a car crash. Always consult your attorney if you are involved in an auto accident.

After the Crash

Florida law requires that you must immediately stop your vehicle at the scene of the crash, or as close thereto as possible, without obstructing traffic more than is necessary, and, if a damaged vehicle is obstructing traffic, the driver of the vehicle must make every reasonable effort to move the vehicle or have it moved so as not to obstruct the regular flow of traffic. You must remain at the scene of the crash until you provide the proper information to others involved and law enforcement.

Rendering Aid to Others

Florida law requires you to render to any person injured in the crash reasonable assistance, including the carrying, or the making of arrangements for the carrying, of such person to a physician, surgeon, or hospital for medical or surgical treatment if it is apparent that treatment is necessary, or if such carrying is requested by the injured person.

Notifying Law Enforcement

The driver of a vehicle involved in a crash resulting in injury to or death of any persons or damage to any vehicle or other property in an apparent amount of at least $500 shall immediately by the quickest means of communication give notice of the crash to the local police department, if such crash occurs within a municipality; otherwise, to the office of the county sheriff or the nearest office or station of the Florida Highway Patrol.

Unattended Vehicles or Other Property

If you collide with, or are involved in a crash with any vehicle or other property which is unattended, resulting in any damage to such other vehicle or property you must immediately stop and either locate and notify the operator or owner of the vehicle or other property of the driver's name and address and the registration number of the vehicle he or she is driving, or attach securely in a conspicuous place in or on the vehicle or other property a written notice giving the driver's name and address and the registration number of the vehicle he or she is driving, and without unnecessary delay report the crash to the nearest office of the appropriate police authority.

Driver's Information Exchange

The law enforcement officer at the scene of a crash is required by law to instruct the driver of each vehicle involved in the crash to exchange the name and address of the owner and the driver of the vehicle; license number of the vehicle; and the name of the liability insurance carrier for the vehicle. If possible, you should try to obtain the names of any witnesses, vehicle passengers, or other parties that have knowledge of the crash.

Be Careful Who You Talk To

Florida law requires you to provide information and cooperate with law enforcement's investigation of the accident. This information is privileged and under most circumstances can not be used against you. However, anything you say to anyone else, including other parties involved, witnesses, medical personnel, etc. can. Do not admit fault for the accident to anyone or make any remarks that may be construed that you feel you are responsible. Simply state the facts of what happened.

Dealing with Insurance Companies

As soon as possible, report the accident to your insurance company. If you do not, you may be jeopardizing your coverage and give them a reason to deny covering you for the loss.

If you are not at fault, the damage to your vehicle can be repaired using the at-fault party's property damage liability coverage. They may also be responsible for providing you a rental car while yours is being repaired. If you are at fault, or the other party has no (or not enough) property damage liability coverage, then you can use the collision coverage under your policy. Most policies with collision coverage have a deductible, or the amount of money you agreed to pay up front, before your collision coverage starts paying.

No-Fault Coverage

In Florida, your insurance is responsible for certain injury related damages regardless who is at fault. This Personal Injury Protection (P.I.P.) coverage pays a percentage of your medical bills, lost wages, and some household services you are no longer able to perform as a result of your involvement in the accident, subject to any deductible you may have chosen when you purchased your policy. We recommend that you carefully consider if the small amount you save in choosing to have a P.I.P. deductible is the best decision for you. Florida law limits the circumstances under which a civil lawsuit for damages may be filed based upon injuries sustained in most automobile collisions. The personal injuries must meet minimum requirements which are commonly referred to as the "personal injury threshold". Current provisions require that the injury consist at least, in part, of: a. significant and permanent loss of an important bodily function; b. permanent injury within a reasonable degree of medical probability; c. permanent scarring or disfigurement; or d. death.

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Lilly, O'Toole & Brown, LLP
Lakeland Office: (863) 683-1111
Bartow Office: (863) 533-5525M
Sebring Office: (863) 471-0003
Lake Wales Office: (863) 676-1991
Haines City Office: (863) 422-1282
Wauchula Office: (863) 767-1111

Also providing legal assistance to clients from:
Wauchula, Lake Placid, Avon Park, Plant City, Brandon, and Valrico, Florida.

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