Table of Contents
Key Takeaways
- After a car accident in Florida, always report the crash promptly to your insurance company, even if you were not at fault or damages seem minor.
- Insurance companies often try to reduce payouts with low settlement offers, especially in cases involving severe injuries such as whiplash.
- Speaking directly with the other driver’s insurance company can harm your claim. An attorney can protect your rights and manage communications.
- Attorney David I. Fuchs offers free consultations to help accident victims understand their options and build a strong attorney-client relationship.
After someone hits you, your heart may be racing and adrenaline pumping. You likely have more questions than answers, including, “If someone rear-ends me, whose insurance do I call?” While it may feel like a small detail in the chaos, this decision can affect how quickly you recover damages for medical bills, lost wages, and other expenses.
Delays and mistakes can be costly. Waiting too long or contacting the wrong insurance company could lead to claim denials and unnecessary out-of-pocket expenses. At David I. Fuchs Injury Law, we guide clients through the insurance claims process and work to recover the compensation they deserve.
What Should You Do After a Car Accident Occurs?
After a car accident in Florida, take the following steps if you are able to do so safely:
- Check yourself and others for injuries, and call 911 for law enforcement and medical help.
- Take photos of the accident scene, including vehicle damage, roadway conditions, and nearby property.
- Move your vehicle to a safe location, if possible.
- Exchange contact and insurance information with the other drivers.
- Photograph or write down the other driver’s license, insurance card, and registration.
- Gather witness contact information and, if possible, their statements.
- Give law enforcement a clear, honest summary of what happened, but don’t guess or admit fault. In Florida, your statements made for the crash report usually can’t be used against you in court, so just stick to the facts.
- Seek prompt medical attention, even if injuries are not immediately obvious.
- Contact the car accident attorney at David I. Fuchs Injury Law as soon as possible.
Above all, remain calm and avoid admitting fault. Let the insurance companies and your attorney handle liability determinations.
Which Insurance Company Do You Call After an Accident?
Whether you call your insurance company or the other driver’s depends on fault, the type of accident, and your policy. In most situations, you should notify your own insurer first, even if the other driver appears to be at fault.
In some cases, such as third-party claims or when your coverage is insufficient, your attorney may advise contacting the other driver’s insurance. Always notify insurers promptly, since most policies require reporting within a short timeframe — sometimes 30 days or less.
Should I Talk to the Other Insurance Company After a Car Accident?
If you must speak with the other driver’s insurance company, limit what you share. Provide only basic details such as your name, contact information, and the date and location of the accident. Insurers may try to twist your words, minimize payouts, or pressure you into a quick settlement.
Whenever possible, allow your attorney to communicate with the other driver’s insurer. This helps protect your rights and avoids costly mistakes.
Why Call Your Insurance Company First After an Accident?
Contacting your own insurance company promptly after a crash is usually the best step. Many policies require immediate reporting, and doing so offers benefits:
- Your insurer can explain claim procedures and repair options.
- They may handle communication with the other insurer.
- Early accident reporting reduces disputes over timing and coverage.
In Florida, a no-fault state, your personal injury protection (PIP) coverage pays first for medical bills and certain other costs — regardless of who caused the accident. But to qualify for the full $10,000 in benefits, you must see a doctor within 14 days of the crash. And if your injury isn’t diagnosed as an ‘emergency medical condition,’ you may only receive up to $2,500.
Should I Contact My Insurance if I’m Not at Fault?
Yes. Even if you were not at fault, most insurance policies require you to report any accident. The other driver’s insurer may dispute liability, and your own insurer can provide protection if the at-fault driver is uninsured or underinsured.
What if I Don’t Have Car Insurance When Someone Hits My Vehicle?
If you are uninsured, you may still seek compensation from the at-fault driver. However, recovering damages is often more challenging, and you may face penalties for driving without insurance, including license suspension and higher costs such as SR-22 insurance requirements.
Should I Accept a Settlement Offer?
Do not accept a settlement offer without first consulting a car accident attorney. Insurance companies often pay as little as possible, and an early settlement may not cover medical expenses, lost wages, or long-term effects of your injuries. Once you accept, you usually waive your right to future claims. Having an attorney review the offer helps you understand whether the settlement reflects the true value of your case.
The At-Fault Driver’s Insurer Denied My Claim: What Now?
If the at-fault driver’s insurer denies your claim, review the denial letter carefully. The denial may relate to insufficient evidence, policy exclusions, or liability disputes. In these situations, you may need to turn to your own uninsured or underinsured motorist coverage. If negotiations fail, it is time to seek help from a personal injury attorney.
How Does the Insurance Company Determine Who Is at Fault?
Insurers determine fault by reviewing police reports, statements, and physical evidence, along with photos, videos, and accident reconstruction reports. They also apply state laws on comparative fault.
Because insurers may dispute liability, having legal representation from David I. Fuchs Injury Law helps protect your rights in settlement negotiations or litigation.
What if the Insurance Company Acts in Bad Faith?
Insurance companies sometimes act in bad faith to reduce or deny payouts. Examples include:
- Unreasonable payment delays.
- Denying valid claims without explanation.
- Offering far less than the claim’s value.
- Failing to investigate.
- Requesting unnecessary documentation.
- Misrepresenting policy terms.
- Refusing to settle.
What Types of Auto Insurance Cover Damage in a Car Accident?
Depending on your insurance policy, your auto insurance coverage may include:
- Liability coverage: Pays for damage and injuries you cause to others.
- Uninsured motorist coverage: Covers your losses if the at-fault driver has no insurance or in hit-and-run accidents.
- Collision coverage: Pays for repairs or replacement of your vehicle, regardless of fault.
- Comprehensive coverage: Applies when damage results from theft, vandalism, fire, or natural disasters.
- Medical payments or personal injury protection (PIP): Covers medical expenses for you and passengers, regardless of fault. In Florida, PIP may also cover lost wages and related costs.
Why Choose David I. Fuchs Injury Law Firm
Car accident claims can be complex, especially when insurers dispute liability, offer unfair settlements, or when multiple parties are involved. At David I. Fuchs Injury Law, we guide clients through each stage of the claims process and work to recover fair compensation for their injuries and losses.
Testimonials
“David I. Fuchs comes highly recommended for anyone in need of a top-notch accident attorney in Fort Lauderdale. With over three decades of experience, his firm is known for its client-focused approach, maintaining strong communication and offering personalized legal strategies. They are particularly adept at negotiating with large insurance companies and handling complex courtroom cases. A great choice for effective and compassionate legal representation.” — Fabio V.
“I got in an accident in December 2021 when everyone was short staffed and insurance companies was not responsive. My boyfriend reached out to David F. and what a life changing experience. We had the pleasure of having all our worries handed to professional help. They worked diligently on our case, answered questions when asked and kept us updated on changes. More importantly they didn’t settle for anything and my boyfriend and I got what we deserved. I have dealt with others in the past but David got me the most according to the facts presented and never backed down when the insurance companies tried to make us settle for less.Thank you David, Jessica and the team for all your effort and hard work. I will recommend them to family and friends. Their the best in town!” — Sheila N.
“I was in a car accident and looking for a professional, caring attorney.I was fortunate to find Mr. Fuchs, who helped me through the whole process. He was there every time I called and got me a great settlement.” — Joan K.
Frequently Asked Questions
Are You Legally Required to Report All Crashes to Your Insurance Provider?
In Florida, you are not legally required to report every crash to your insurer. However, if the accident involves injury, death, or property damage over $500, your policy may require notification. Failing to report could lead to denial of coverage or other penalties.
Does Your Insurance Go Up After a Claim That Is Not Your Fault?
Florida law says your insurance rates can’t go up just because someone else caused the crash. However, your insurer can still adjust your rate based on overall risk factors, so it’s possible your premium might change for other reasons.
How Long Do You Have to Report a Car Accident to Your Insurance in Florida?
Most insurance policies in Florida require you to notify your insurer as soon as possible — check your specific policy for details. If the accident involves injury, death, or damage that looks to be $500 or more, you also need to report it to the police right away. If an officer doesn’t file a report, you must submit a crash report to the Florida Department of Highway Safety and Motor Vehicles within 10 days.
Don’t Settle Too Quickly for a Whiplash Injury or Serious Crash — Speak With an Attorney First
At David I. Fuchs Injury Law, we believe every client deserves personal attention. If you suffered serious injuries such as a whiplash injury and are facing a settlement offer or considering a personal injury lawsuit, we can help you understand your options. Attorney David Fuchs will review your case, explain your rights, and pursue fair compensation. Call (954) 568-3636 or fill out our online form to schedule a free case evaluation.
If you cannot visit our Fort Lauderdale office, we can arrange for a representative to meet with you. Our staff speaks English and Spanish.
Written By David I. Fuchs
David I. Fuchs is a Fort Lauderdale personal injury attorney with over 36 years of experience and hands-on experience with more than 6,000 cases. He is the founder of David I. Fuchs, Injury & Accident Lawyer, P.A., and represents victims of car, truck, and motorcycle accidents with compassion and skill. David holds a J.D. from American University’s Washington College of Law and a B.A. from New York University.
