What you say after a car accident can affect your potential to recover compensation.
Being involved in an accident is extremely upsetting—regardless of whether you are at fault. In the shock and adrenaline of the moment, it is very normal to want to explain what happened, apologize, or even check on the other driver. However, after an accident, it’s best to say as little as possible. Even genuine concern and simple words can have negative consequences when it comes to liability, insurance claims, and potential legal issues. Below, our Florida accident attorneys share the five things you should never say after a car accident in Florida.
If you were injured in an auto accident that was not your fault, it’s important to protect your rights and understand your legal options as soon as possible. Contact Hoskins, Turco, Lloyd & Lloyd to learn how an experienced Florida car accident attorney can help you. Call 866-930-6435 now to get a free case review.
1. Never say, “I’m sorry.”
After an accident, it is natural to apologize, especially if you’re upset and want to smooth over a tense and emotional situation. However, if you say, “I’m sorry,” it can be interpreted as an admission of fault—even if you didn’t cause the accident.
Florida is a no-fault insurance state. This means that each driver goes through their own insurance company first to cover damages and medical expenses. However, if the cost of your damages and injuries exceeds your policy limit, you may be able to go through the at-fault driver’s insurance for compensation. Therefore, liability is a big factor in every car accident case.
A simple apology can be twisted to imply you are partially at fault for the accident. For example, if someone rear-ends you right as a light turns green, they likely caused the accident. But if you get out of the car and say, “I’m sorry. I was looking at my phone and didn’t see the light change,” you could be partially blamed for driving distracted—an illegal offense in Florida. Therefore, it is best to not say anything when it comes to fault. Instead, focus on making sure everyone is safe and wait for the police to arrive to conduct an accident investigation.
2. Never say, “I’m fine” or “I’m not hurt.”
In the chaos of an accident, you may not immediately feel pain or injury due to shock or adrenaline. While it may feel natural to assure others at the accident scene that you’re fine or not hurt, it can jeopardize your ability to seek compensation if you later experience symptoms. Injuries from auto accidents—especially soft tissue injuries, such as whiplash, head and back injuries, and sprains—often don’t show up until hours or even days later.
If you say, “I’m fine” or “I’m not hurt,” the at-fault driver may report this to their insurance company and it can be used against you. They can say that any injuries you later claim to have are fabricated because you said you were okay at the accident scene. In addition, in Florida, you must seek medical attention within 14 days of your accident to qualify for personal injury protection (PIP) benefits. Therefore, it’s always best to not say or assume you are fine, and go see a medical professional for a full evaluation.
3. Never say, “We don’t need to call the police.”
After a car accident in Florida, you always need to call the police. When you a file an insurance claim, the insurance company will need to see evidence that the accident happened the way you said it did. They will ask for an official police report. If you cannot provide one, they may refuse to pay for the damages or significantly reduce how much they cover.
In addition, police reports provide an official account of how the accident happened and which parties are responsible. These documents are used by insurance companies and the court to establish liability. If you don’t have a police report, the at-fault driver can attempt to blame you for the accident, and you won’t have any evidence to say otherwise.
In Florida, adjusters use comparative negligence to assign a percentage of fault to everyone involved in the accident. For example, a crash victim’s compensation can be reduced by 10% if they are found to be 10% at fault for the accident. The insurance company will try to place as much blame as possible on you to reduce how much they must pay. But if you have a police report stating you are 100% not at fault, you can avoid being blamed for something you did not do and protect your rights.
4. Never say anything to the at-fault driver’s insurance company.
There is nothing that requires you to speak with the other driver’s insurance agent. You are not legally required to say anything. Therefore, do not speak with the insurance company without talking to your attorney first. All insurance agents—even the one you pay—are primarily concerned with protecting their company’s bottom line (not your best interests). They want to reduce how much they have to pay you because that is their job. They may seem friendly and concerned about your accident and injuries, but don’t be fooled. They have a toolbox of tactics to try and lead or trick you into saying things that can be used against you to reduce or deny your claim.
5. Don’t post anything on social media about your injuries or accident
It’s tempting to want to share with your friends and family that you were involved in a serious accident. You may want to post pictures of your damaged car or your injuries. However, it’s better to not post anything.
Social media posts can be used as evidence in your case—even if your profile is private. The insurance company and its lawyers may be able to use your photos and captions against you. For example, if you post a picture of your car with the caption, “I was involved in an accident today. I’m pretty banged up and sore, but okay,” the other party can say your injuries are not that serious. A good rule of thumb is to not say anything. Instead, call or text your family and friends privately to let them know about your accident.
We will protect you after an accident in Florida.
Call 866-930-6435 to speak with our attorneys for free.
If you were involved or injured in an accident and said any of the 5 things listed above, don’t panic or worry. You may still have a strong case and be able to recover compensation for your damages and injuries. However, you will need an experienced attorney to review your case and protect you from the insurance companies.
At Hoskins, Turco, Lloyd & Lloyd, our Florida accident attorneys have over 40 years of experience protecting accident victims from insurance companies. We have recovered over $500 million for our clients. We know how to get results in even the most challenging and complex cases. If you were injured in an accident that was not your fault in Fort Pierce, Vero Beach, Port St. Lucie, or Okeechobee, contact our office immediately to speak with our Florida accident attorneys.
To find out how much your claim is worth and learn more about your potential legal options, contact us today for a free case evaluation.