A car crash can happen in an instant, that is why the decisions you make in the moments immediately after, the days, and even weeks that follow can affect your physical, mental, and financial health and your ability to recover compensation for years to come.

According to the Florida Department of Highway Safety and Motor Vehicles (FLHSMV), Florida recorded over 381,000 traffic crashes in 2024 alone—that’s roughly one crash every 82 seconds. With over 3,100 fatalities and more than 218,000 injuries statewide, the stakes after an accident couldn’t be higher.

When you’re shaken up or hurt after a collision, it’s easy to forget critical steps or make mistakes that can harm your claim. Below, we’ll walk through the ten most common errors Florida drivers make after an accident—and how you can avoid them.

1. Not Calling 911 or the Police

After any accident involving injuries, always call 911 immediately. Even if the crash seems minor, contacting local or state police creates an official record of what happened. 

A police report is valuable evidence that documents the scene, witness statements, and the officer’s observations. If the other driver receives a traffic citation, that can strengthen your case when determining who is liable.

Florida law requires drivers to report crashes that result in injury, death, or property damage exceeding $500. Failing to report could result in penalties—and leave you without crucial documentation.

2. Failing to Gather Evidence at the Scene

Your smartphone is one of the most powerful tools you have after an accident. If you’re physically able, take photos of:

  • Damage to all vehicles involved
  • The position of vehicles on the roadway
  • Skid marks, debris, and road conditions
  • Traffic signs and signals nearby
  • Visible injuries you’ve sustained
  • The other driver’s license plate, insurance card, and driver’s license

Also collect names and phone numbers from any witnesses. Note the weather, lighting, and traffic conditions. This evidence can be critical when your car accident attorney builds your case.

It’s important that you understand that your smart phone can also be used to incriminate you. Be sure not to post anything on your social media accounts that could harm your case.

3. Not Moving to Safety

If the vehicles are drivable and no one is seriously injured, move to the shoulder or a safe location. Secondary crashes are a real danger—especially on busy roads like US-19 or the Suncoast Parkway in Hernando County.

If moving your vehicle is not an option then turn on your hazard lights and, if you have them, set out flares or warning triangles. Then move to a safe location while first responders arrive. Your safety comes first.

4. Not Exchanging Information

Even if you don’t think the accident was that serious, always exchange information with the other driver. Collect:

  • Full name and contact information
  • Driver’s license number
  • Insurance company and policy number
  • Vehicle make, model, and license plate

Some injuries, like whiplash, don’t show symptoms until days later. Vehicle damage may also be more extensive than it first appears. Having complete information ensures you can file a claim if problems arise.

5. Saying “I’m Sorry” or Admitting Fault

It’s natural to want to apologize after an accident, even when it wasn’t your fault, but saying “I’m sorry” can be interpreted as an admission of guilt, which may hurt your claim. Stick to the facts when speaking with the other driver, witnesses, or police. Avoid speculating about what caused the crash. Let investigators and insurance adjusters determine liability based on the evidence.

It’s important that you understand that your smart phone can also be used to incriminate you. Be sure not to post anything on your social media accounts that could harm your case.

6. Not Seeking Medical Attention

This is one of the most costly mistakes accident victims make. Even if you feel fine at the scene, adrenaline can mask pain and injuries. Some conditions—like internal bleeding, concussions, or soft tissue injuries—may not present symptoms immediately.

Florida’s 14-Day Rule: Under Florida’s Personal Injury Protection (PIP) law, you must seek medical treatment within 14 days of an accident to qualify for PIP benefits. Miss this deadline, and your insurance may deny coverage for your medical expenses.

Seeing a doctor also creates medical records that document your injuries, which is essential evidence if you pursue a personal injury claim.

7. Not Reporting the Accident to Your Insurance Company

Notify your insurance company about the accident as soon as possible. Provide the basic facts, but avoid:

  • Accepting blame for the accident
  • Placing all blame on the other driver before an investigation
  • Giving a recorded statement without consulting an attorney
  • Signing any documents you don’t fully understand

Insurance companies—including your own—are businesses focused on minimizing payouts. Be careful what you say, and always speak with a personal injury attorney before providing detailed statements.

8. Accepting the First Settlement Offer Without Question

Insurance adjusters may contact you quickly with a settlement offer. While it might seem convenient to accept and move on, these initial offers are often far less than what your claim is worth.

Before signing anything, understand the full extent of your injuries and damages. Medical bills, lost wages, future treatment costs, and pain and suffering should all be considered.

An attorney can evaluate your claim and negotiate with the insurance company on your behalf to pursue fair compensation.

9. Missing Florida’s Filing Deadline

IMPORTANT UPDATE: As of March 24, 2023, Florida’s statute of limitations for personal injury claims changed from four years to two years under House Bill 837.

This means you now have only two years from the date of your accident to file a lawsuit. Miss this deadline—even by one day—and you lose your right to pursue compensation through the courts, no matter how strong your case.

For wrongful death claims, the statute of limitations is also two years from the date of death.

Don’t wait. The sooner you consult with an attorney, the more time there is to gather evidence, interview witnesses, and build a strong case.

10. Not Calling a Personal Injury Attorney

Many accident victims try to handle everything on their own—dealing with insurance companies, medical providers, and paperwork—while also trying to recover from their injuries. This is one of the biggest mistakes you can make.

Insurance companies have teams of adjusters and lawyers working to minimize what they pay you. Without legal representation, you’re at a significant disadvantage. Studies consistently show that accident victims who hire attorneys recover substantially more compensation than those who don’t—even after attorney fees.

A personal injury attorney can:

  • Investigate your accident and preserve critical evidence
  • Handle all communication with insurance companies
  • Calculate the full value of your claim, including future medical costs and lost earning capacity
  • Negotiate aggressively for a fair settlement
  • Take your case to trial if the insurance company won’t offer fair compensation

At The Lowman Law Firm, we offer free case evaluations and work on a contingency fee basis—meaning you pay nothing unless we recover compensation for you. We’ve recovered over $500 million for our clients since 2012, and we’re ready to put that knowledge to work for you.

Don’t go it alone. Contact The Lowman Law Firm today and let us handle the legal battle while you focus on healing.

What to Do Instead: Your Post-Accident Checklist

Print this checklist and keep it in your glove compartment:

  1. Check for injuries and call 911 if anyone is hurt
  2. Move to safety if possible
  3. Call the police to report the accident
  4. Exchange information with all drivers involved
  5. Document everything—photos, witness contacts, conditions
  6. Don’t admit fault or apologize
  7. Seek medical attention within 14 days
  8. Report to your insurance company
  9. Consult with an attorney before accepting any settlement
  10. Don’t miss deadlines—you have 2 years to file

We’re Here to Help

An auto accident is frightening, but you don’t have to navigate the aftermath alone. At The Lowman Law Firm, we’ve helped thousands of our Florida neighbors recover the compensation they deserve after car accidents, motorcycle crashes, truck accidents, and more.

With offices throughout the region, we’re never far away:

If you’ve been injured in an auto accident, contact us today for a free case evaluation. You’re our neighbor, not a number, and we’re here to fight for you.

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