Chapter 316 of
the Florida Statutes requires that any driver involved in an accident
resulting in personal injury, death, or property damage immediately
stop his or her vehicle at the scene of the accident, or as close
thereto as is safely possible. If a damaged vehicle is obstructing
traffic, the driver must, to the extent possible, move the vehicle
so as not to obstruct the flow of traffic. After stopping and moving
your vehicle, you should immediately contact law enforcement, by
dialing 911, so that an investigation of the facts and circumstances
of the accident may be conducted. Never agree to effectuate a "roadside
settlement" with the at-fault driver, as it is generally too
early for you to determine the nature and extent of your property
damage and/or injuries immediately following an accident.
The law enforcement
officer investigating the accident will ask you to produce your
driver's license, your vehicle registration, and proof of mandatory
no-fault insurance coverage. From this information, the investigating
officer will prepare documents known as "Driver's Exchange
of Information" forms. If your vehicle is driveable, and you
are not deemed to be at fault in the collision, you will likely
be released from the scene of the accident to go about your business.
The investigating officer will later prepare a full length crash
report, which is a public document and can be obtained at the office
of the law enforcement agency that investigated the crash.
It is important
that you contact your insurance company, by calling your local
agent to report the automobile accident, within 24 hours of the
accident. This will permit your insurer to establish a claim file
regarding the accident and to initiate an investigation of its
own surrounding the facts of the accident.
If you are injured
at the scene of the accident, inform the on-scene law enforcement
officer, he or she will request an ambulance. Under Florida's system
of No-Fault insurance, your own insurance coverage will pay 80%
of those covered medical expenses that are deemed reasonable, necessary
and related to the accident; as well as 60% of any lost wages resulting
from the accident. If your physician ultimately determines that
you have sustained a permanent injury, you may also be entitled
to make a claim for additional damages, for such elements as pain
and suffering, loss of the enjoyment of life, and past and future
out-of-pocket medical expenses.
Many times after
an accident, people feel unsure as to their rights under Florida's No-Fault insurance law. If this
is the case, it is important that you contact a qualified attorney
familiar with Florida's traffic laws, insurance laws,
and specifically, No-Fault laws. At Cox & Burns, P.A., we have dedicated our practice
almost exclusively to helping injured accident victims understand
their rights under Florida's No-Fault laws, as well as understand
the nature of the benefits provided to the accident victims under
the terms of their own insurance policies and the insurance polices
of the drivers responsible for their injuries.
Why do you need a