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Car accidents 7 min read

What to do in the first 72 hours after a Miami car accident

The decisions you make in the three days after a crash decide what evidence still exists when the claim is valued. Here is the order that protects you.

Daniel R. HartwellFounding Partner, Trial Attorney, published
A damaged car sits atop a metal scrap heap, showing a scene of automotive decay.

Most people have never been in a serious crash, so nobody knows the playbook when it happens. Insurance companies do. They have adjusters on call, scripts for the first phone conversation and software that scores your claim based on what you say and do in the first days. This guide gives you the same advantage, in the order that matters.

Hour one: safety, police and photographs

Move to a safe place if you can, turn on hazard lights and call 911. In Florida, drivers must report any crash involving injury, death or apparent property damage above a statutory threshold, which covers almost every collision on I-95 or US-1. That threshold is set by statute and is worth confirming against the current text. A police report creates an independent record of the scene, the drivers and any citations issued.

While you wait, use your phone. Photograph both vehicles from every angle, the license plates, the other driver's insurance card and license, skid marks, debris, traffic signals and any visible injuries. Take a short video panning the whole intersection. If there are witnesses, ask for their names and phone numbers. Witnesses leave quickly, and they are often the most persuasive evidence in a disputed crash.

  • Do not apologize or guess about what happened. Stick to facts.
  • Do not agree to "handle it without insurance," even for what looks like minor damage.
  • Note nearby businesses with cameras. Many overwrite footage within 7 to 30 days.

Day one: get medical care, even if you feel fine

Adrenaline masks pain. Concussions, whiplash and herniated discs often do not show symptoms for 24 to 72 hours. Florida adds a legal reason to act quickly: to use your Personal Injury Protection benefits, you must receive initial services and care within 14 days of the crash. Miss that window and the medical benefit is generally forfeited entirely.

Go to an emergency room, an urgent care center or your primary doctor. Tell the provider every symptom, including headaches, dizziness, numbness and trouble sleeping. Those notes become the foundation of your injury claim. If a doctor recommends follow-up care, physical therapy or imaging, schedule it. Gaps in treatment are the first thing adjusters point to when they cut an offer.

Day two: be careful with every phone call

Expect a call from the other driver's insurance company, sometimes within hours. The adjuster will be friendly. They will ask how you are feeling and whether they can record the conversation "to speed things up." You are not required to give a recorded statement to the other driver's insurer, and you should not.

Anything you say, including "I'm okay" or "I didn't see them until the last second," can be used to reduce what they pay.

You do have to notify your own insurance company promptly, but keep that report short and factual. Do not sign medical authorizations that give an insurer access to your entire medical history, and do not accept a quick settlement check. Once you sign a release, the claim is closed forever, even if you later need surgery.

Day three: protect the evidence and your privacy

Start a simple folder or notes file. Save the crash report number, claim numbers, receipts for prescriptions and rideshares to appointments, and a daily journal of your pain and missed activities. These details seem small, but they help prove the human cost of an injury when a jury or adjuster reviews your case months later.

Set your social media accounts to private and stop posting. A photo at a family barbecue can be twisted into evidence that you were not really hurt. Also keep your damaged vehicle and any broken personal items until they are photographed and inspected. Your car's event data recorder may store speed and braking information from the seconds before impact.

When to call a lawyer

If you were hurt, the best time to talk to an injury lawyer is before you speak to the other driver's insurer. A consultation with Hartwell & Pierce is free, and there is no fee unless we recover money for you. In the first week we can send preservation letters for camera footage, obtain the crash report, identify every applicable insurance policy, including uninsured motorist coverage in your own household, and connect you with doctors who will treat you now and wait for payment until the case resolves.

Florida's statute of limitations for most negligence claims is now two years for crashes after March 24, 2023. That sounds like a long time, but evidence disappears in days. Calling early does not commit you to a lawsuit. It simply keeps every option open while you focus on getting better.

This article is general information about Florida law as of its publication date and is not legal advice. Reading it does not create an attorney-client relationship.

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