Getting into a car accident on a busy Tampa road, perhaps on I-275 or one of the major intersections around Hillsborough Avenue, instantly changes your day. Suddenly, you face confusing questions about insurance, medical care, and how to protect yourself under Florida law. If you or a loved one is hurt, the stress can feel overwhelming. Dealing with the aftermath, especially with injuries, requires careful action and avoiding key missteps.
Mistake 1: Failing to Report the Accident or Exchange Information
Many drivers feel tempted to simply exchange information and leave the scene, especially if the damage seems minor. Florida law, however, requires you to immediately report any crash that results in injury, death, or at least $500 in estimated property damage to local law enforcement. For us in Tampa, this means the Tampa Police Department, the Hillsborough County Sheriff’s Office, or the Florida Highway Patrol.
A police report is a vital, objective account of the crash facts. It helps document the date, time, location, and the involved parties’ insurance details. Do not skip this step. Also, make sure you get the contact and insurance information from every driver involved, and if possible, from any witnesses who saw the crash happen. Witness statements can be crucial evidence later on.
Mistake 2: Delaying Medical Treatment Beyond the 14-Day Deadline
Delaying medical treatment is one of the most critical and misunderstood aspects of Florida’s “No-Fault” law. Florida requires all drivers to carry Personal Injury Protection (PIP) coverage. This insurance pays 80 percent of your reasonable and necessary medical expenses, up to your policy limit, regardless of who caused the crash.
The huge mistake? If you do not seek initial medical services and care within 14 days of the auto accident, you lose eligibility for your PIP benefits. Even if you feel okay right after the crash, injuries like whiplash or concussions often take days to appear. A visit to an emergency room, urgent care center, or your primary doctor can meet this 14-day requirement and secure your right to coverage. Protect your health and your financial security by seeing a medical professional promptly.
Mistake 3: Giving a Recorded Statement to the Other Driver’s Insurance Company
After an accident, the at-fault driver’s insurance company may contact you quickly. They might sound friendly and ask to take a recorded statement, often suggesting this speeds up the claims process. Never provide a recorded or written statement to any insurance company besides your own before speaking with a legal team.
Insurance adjusters are trained professionals whose job is to minimize their company’s payout. Anything you say, even an innocent statement like “I’m fine,” could be twisted and used against you later to devalue or deny your claim. You are only legally required to cooperate fully with your own insurer.
Mistake 4: Missing the Statute of Limitations for Filing a Lawsuit
Many people believe they have plenty of time to file a lawsuit after an accident. Florida’s statute of limitations sets a strict deadline for taking legal action. For most negligence-based personal injury claims, including car accidents, the deadline is generally two years from the date of the crash.
Missing this statutory deadline, codified in Florida law, means losing your right ever to recover compensation through the court system, regardless of how severe your injuries are. Time passes much faster than you think, especially when you are focusing on recovery.
Mistake 5: Failing to Document the Accident Scene and Your Injuries
Evidence wins car accident cases. You must do your best to document everything at the scene, as soon as it is safe to do so, which means:
- Taking Photos: Capture damage to all vehicles, skid marks, debris on the road, traffic signs, and the weather conditions. Take pictures from different distances and angles.
- Saving Everything: Keep a detailed journal of your pain levels, doctor visits, treatments, prescriptions, and how your injuries affect your daily life. Keep all copies of medical bills and records.
- Tracking Lost Income: If you miss work, keep records of the days lost and any documentation from your employer about lost wages.
Mistake 6: Settling Your Claim Before Understanding Your Total Damages
A common insurance company tactic is to offer a quick, low-ball settlement early in the process. They hope you will accept before you know the full extent of your injuries and future medical needs. However, you cannot go back and ask for more money once you sign a release. Your damages can include more than just your initial medical bills.
If your injuries meet the serious injury threshold under Florida law, you may be able to seek compensation for non-economic damages, including pain and suffering. Wait until a doctor has given you a maximum medical improvement (MMI) rating so you fully understand your prognosis and long-term costs.
How We Can Help You Avoid These Mistakes
When you are dealing with pain, medical appointments, and lost work, managing complex legal and insurance issues alone is a heavy burden. At L Pincus Law, PLLC, we believe you should focus on healing while we handle the legal complexities. We offer a compassionate and dedicated approach, guiding you through Florida’s No-Fault rules and the serious injury threshold with clarity.
Contact L Pincus Law, PLLC today for a free consultation. Call us at 813-582-3321.
