After a Car Accident in Polk County, FL: 5 Legal Mistakes You Must Avoid
Car accidents happen all too frequently in Polk County. In a recent year alone, the Florida Highway Safety and Motor Vehicles reported 13,631 crashes in the county. These accidents caused over 10,000 injuries and 157 fatalities.
While you may worry more about recovery than legal details, avoiding certain mistakes can make the difference between getting full compensation and losing your rights. Continue reading to learn what steps you can take to avoid a car accident.
1. Skipping the Police Report
Florida law mandates that drivers report any crash involving injury, death, or over $500 in property damage. Failing to report the accident may result in a traffic citation or even a criminal charge if it is considered a hit-and-run. It can also complicate an insurance claim.
Call 911 if there are suspected injuries, or contact local police to respond to the scene. If the accident is minor, police may not respond, but you should still report the accident right away.
2. Delaying or Skipping Medical Treatment
See a doctor right away, even if you think you are fine. The adrenaline rush of a crash may mask symptoms of soft tissue injuries, concussions, internal bleeding, or other injuries that may cause delayed pain. Injuries may also take a couple of days to become obvious.
Prompt treatment protects your health and ties your injuries directly to the accident. Delays may be used against you by insurers arguing your injuries weren’t severe. You must also seek medical care within 14 days to use your personal injury protection (PIP) benefits.
3. Missing Florida’s Shortened Legal Deadlines
Florida’s statute of limitations for personal injury claims is now just two years - a significant change from the previous four-year window. This clock starts on the accident date. Missed deadlines will almost certainly bar you from seeking compensation if you need to file a lawsuit against the at-fault driver.
Act early to avoid this mistake. Speak with an attorney as soon as possible to ensure that evidence is collected and your legal rights are preserved.
4. Admitting Fault or Over-Sharing at the Scene
Even a casual “I’m sorry” can be taken as an admission of guilt. This matters in Florida, where comparative negligence rules apply. Your compensation is reduced proportionally if you’re found partly responsible for the crash. If you are found to be more than half to blame for the crash, you lose your right to recover anything.
Admitting fault may damage your liability claim before it even begins.
After the accident, stay calm and polite, but never apologize or admit fault, even to the police. Stick to factual details: where, when, and who was involved.
5. Posting About the Accident on Social Media
What seems like harmless venting can come back to haunt you. Insurance adjusters and defense attorneys often scour social profiles for contradictions. Photos of you playing sports, smiling with friends, or even appearing too healthy can undercut your claims of pain or disability.
Avoid this mistake by staying off social media. Don’t post anything about the accident, your injuries, or your activities until your case resolves.
Bonus Tip: Understand No-Fault Vs. Full Liability Claims
Florida is a “no-fault” insurance state. After an accident, you file a claim against your own policy for injuries, no matter who caused the crash.
Drivers are required to carry $10,000 in PIP coverage. PIP covers immediate medical costs and lost earnings up to a limit, but not pain and suffering. To step outside of no-fault and seek compensation for your full damages, you must demonstrate a “serious” or “permanent” injury.
Even then, deadlines and documentation rules still apply. This makes it even more critical to avoid mistakes after your accident.
Steps to Take After a Crash in Polk County
Take these steps after an accident to protect your rights and health.
- Check for injuries and call 911 if anyone is hurt.
- Call the police to respond to the crash or report the accident.
- Exchange information with the other driver, passengers, and witnesses. This includes insurance information and contact information.
- Get medical attention right away and follow any doctor’s recommendations.
- Collect evidence by taking photos of the scene and damage to vehicles. Write down the details you remember right away.
- Avoid admitting fault or discussing the accident.
If you were seriously hurt or you’re being blamed unfairly for the accident, schedule a free consultation with a car accident lawyer. An attorney can help you understand your rights and the next steps.