Do You Have to Call the Police After an Accident in Florida?
October 1, 2024 – Michael S. Herman, Jr., Esq.
You’re cruising down a palm-lined Florida street, enjoying the sunshine and coastal breeze. Suddenly, the screech of tires breaks the calm, and you find yourself in a fender bender. As you step out of your car, a thousand thoughts race through your mind. Among them is a crucial question: “Do you have to call the police after an accident?” It’s a common dilemma faced by many Florida drivers, and the answer isn’t always straightforward. In the next few minutes, we’ll unpack this question and guide you through the ins and outs of Jupiter car accident reporting in the Sunshine State.
Florida’s Accident Reporting Laws
Florida law doesn’t require you to call the police for every fender bender, but there are specific situations where contacting law enforcement isn’t just recommended—it’s mandatory. According to Florida Statutes Section 316.065, you must report an accident to the police if:
- There are injuries or fatalities
- A vehicle needs to be towed from the scene
- The accident involves a commercial vehicle
- There’s suspicion of drunk driving
- One of the drivers leaves the scene (hit and run)
- There’s significant property damage, of at least $500
It’s important to note that assessing property damage, especially in the immediate aftermath of a crash, can be difficult. What may seem like minor damage at first glance could exceed the $500 threshold once a closer inspection is done. Given this uncertainty, when in doubt, it’s safer to call the police and have the accident documented properly to avoid any legal issues later.
Even if your situation doesn’t fall into these categories, calling the police can still be a wise decision. Let’s explore why.
Benefits of Calling the Police After an Accident
Creating an Official Record
When you call the police after an accident, they create an official accident report. This document can be invaluable for several reasons:
- It provides an unbiased account of the incident
- It includes important details you might forget later
- It can help with insurance claims
- It may be crucial if you need to take legal action later
Remember, in the stress of an accident, you might miss important details. A police officer is trained to gather all relevant information systematically.
Facilitating Evidence Collection
Police officers are experienced in collecting and documenting evidence at accident scenes. They can:
- Take photographs of the damage and accident scene
- Interview witnesses and collect their contact information
- Note road and weather conditions
- Identify and document any traffic violations that may have contributed to the accident
This evidence can be critical if there’s a dispute about who was at fault or if you need to make an insurance claim.
What to Do While Waiting for the Police
If you’ve decided to call the police, there are several steps you should take while waiting for them to arrive:
- Ensure your safety: If possible, move your vehicle to a safe location out of traffic
- Check for injuries: Make sure everyone involved is okay. If there are injuries, call 911 immediately
- Exchange information: Get the name, contact details, and insurance information of all parties involved
- Document the scene: If it’s safe to do so, take photos of the vehicles, damage, and surrounding area
- Find witnesses: If there are any witnesses, ask for their contact information
- Don’t admit fault: Even if you think you might be responsible, avoid saying so. Florida follows a comparative fault system, meaning fault can be divided between drivers. Let the police and insurance companies determine fault
When You Might Not Need to Call the Police
For minor accidents with no injuries and minimal property damage (under $500), you might choose not to involve the police. In these cases:
- Exchange information with the other driver(s)
- Take plenty of photos of the damage and accident scene
- File a report with your insurance company as soon as possible
However, keep in mind that what seems like minor damage could turn out to be more serious upon closer inspection. Injuries like whiplash or hidden vehicle damage might not be immediately obvious. When in doubt, it’s often better to err on the side of caution and call the police. Some insurance companies also require a police report to process claims, so be sure to check your policy requirements.
The Importance of Timely Reporting
If you don’t call the police at the scene, you’re not necessarily off the hook for reporting the accident. Under Florida Statutes Section 316.066, you must report any crash resulting in injury, death, or property damage over $500 within 10 days. You can do this by filing a Driver Report of Traffic Crash (Self Report) with the Florida Department of Highway Safety and Motor Vehicles (FLHSMV).
Failing to report an accident when required can result in serious consequences, including fines and potential license suspension. It’s always better to report an accident you’re unsure about than to risk the penalties of not reporting one you should have.
While you don’t always have to call the police after an accident in Florida, doing so can provide valuable protection and documentation. If there are injuries, significant damage, or any doubt about the severity of the accident, it’s wise to involve law enforcement. Remember, the immediate aftermath of an accident can be chaotic and stressful. Having a police officer on the scene can help ensure that all necessary information is collected and documented properly, potentially saving you from headaches down the road. Stay safe on those Florida roads, and remember: when in doubt, it’s better to make the call.
Searching Online for a “Personal Injury Lawyer Near Me?”
Your search ends here. If you’re looking for a personal injury lawyer after a car accident in Florida, you’re likely dealing with injuries, pain, and a host of unanswered questions. You might be wondering if you made the right choice about calling the police, or if it’s too late to file a report. These concerns shouldn’t burden you while you’re trying to recover.
At Britto & Herman Injury Lawyers, we understand the challenges you’re facing. Our team, led by Board Certified Trial Lawyer Daniel Britto, Esq. and his partner Michael S. Herman, Jr., Esq., has extensive experience helping injured Florida drivers like you. We know the intricacies of Florida’s accident reporting laws and how they can impact your injury claim.
Whether you called the police or not, we can help protect your rights and pursue the compensation you need for your recovery. Our Jupiter car accident lawyer team can guide you through the next steps, deal with insurance companies on your behalf, and ensure that all necessary documentation is in order.
Don’t let uncertainty about police involvement or accident reporting jeopardize your injury claim. Take the first step towards peace of mind and proper compensation. Call us at (561) 835-5555(561) 835-5555 or fill out our confidential online form to schedule a free consultation. Our office is conveniently located at 1001 W. Indiantown Road in Jupiter, and we’re available 24/7 to assist you.
Remember, time is critical in injury cases. The sooner you reach out, the sooner we can start addressing your concerns and protecting your interests. One call to Britto & Herman Injury Lawyers could make a significant difference in your recovery journey.
Let us handle the legal complexities while you focus on healing. Contact us today and get the support and guidance you need after your accident.
Copyright © 2024. Britto & Herman Injury Lawyers. All rights reserved.
The information in this blog post (“post”) is provided for general informational purposes only and may not reflect the current law in your jurisdiction. No information in this post should be construed as legal advice from the individual author or the law firm, nor is it intended to be a substitute for legal counsel on any subject matter. No reader of this post should act or refrain from acting based on any information included in or accessible through this post without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a lawyer licensed in the recipient’s state, country, or other appropriate licensing jurisdiction.
Britto & Herman Injury Lawyers
1001 W Indiantown Rd., Suite 101
Jupiter, FL 33458
(561) 835-5555(561) 835-5555
https://www.brittoherman.com/
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