What to Do After a Car Accident in Miami

The steps you take in the minutes, hours, and days after a car accident in Miami can determine whether you receive fair compensation for your injuries or walk away with nothing. Florida’s no-fault insurance system, its modified comparative negligence rule, and strict filing deadlines create a legal landscape where early mistakes are difficult to fix. Friedman Rodman Frank & Estrada has helped car accident victims across Miami-Dade County protect and pursue their claims as well as recover maximum compensation since 1976. This page explains what you should do — and what you should avoid — after a car accident in Miami.

If you have already been in an accident and are unsure of your next move, call Friedman Rodman Frank & Estrada at (305) 448-8585 for a free consultation. We can evaluate your case and explain your options at no cost to you. For an overview of how our firm handles car accident claims, visit our car accidents page.

Florida Statute § 316.062 requires every driver involved in a crash to stop immediately, remain at the scene, and provide their name, address, vehicle registration, and driver’s license to the other driver and to any investigating officer. If anyone is injured, you must also render reasonable assistance, which includes calling 911 or arranging transportation to a hospital.

Leaving the scene of an accident involving injuries is a felony under Florida Statute § 316.027, and even leaving a property-damage-only crash is a misdemeanor under § 316.061. Beyond the criminal consequences, leaving the scene will severely damage any civil claim you later try to bring. Stay put, call 911, and cooperate with law enforcement.

Always call 911 after a car accident in Miami, even if the crash seems minor. A police report creates an official record of what happened, who was involved, and what the officer observed at the scene. That report becomes a foundational piece of evidence in your insurance claim and any potential lawsuit.

When the officer arrives, describe what happened clearly and factually. Tell them the direction you were traveling, the traffic signal color, and what the other driver did. Do not speculate about things you are not sure of, do not guess at your speed, and do not apologize or accept blame. Anything you say can end up in the crash report, and insurance adjusters will review that report looking for statements they can use to assign you a share of fault under Florida’s comparative negligence rule.

Florida’s PIP statute includes a critical deadline that many accident victims do not know about. Under Florida Statute § 627.736(1)(a), you must seek initial medical treatment within 14 days of the accident to qualify for Personal Injury Protection benefits. If you wait longer than 14 days, your PIP insurer can deny coverage entirely — even if you have a legitimate injury.

This does not mean you have to go to the emergency room. An urgent care visit, a trip to your primary care doctor, or an evaluation at a walk-in clinic within the 14-day window satisfies the requirement. But you must see a medical professional, and you must do it promptly. Beyond preserving your PIP benefits, early medical treatment also creates a documented connection between the crash and your injuries. If you wait weeks to see a doctor, the insurance company will argue that your injuries were caused by something other than the accident — or that they were not serious enough to require treatment.

If you were hurt in a Miami car accident, the attorneys at Friedman Rodman Frank & Estrada can help you identify the right medical providers and make sure your treatment is properly documented. Call (305) 448-8585 to speak with one of our experienced attorneys. The consultation is free, and we do not charge fees unless and until we recover compensation for you.

Evidence from the accident scene disappears fast. Skid marks fade, debris gets swept away, and traffic cameras overwrite their footage on a rolling schedule. If you are physically able, use your phone to document the scene before you leave.

Photograph the damage to all vehicles involved from multiple angles, including close-ups of the point of impact and wide shots showing the positions of the vehicles. Photograph the intersection or stretch of road, including traffic signals, stop signs, lane markings, and any road hazards. Take photos of any visible injuries — cuts, bruises, swelling — and continue photographing your injuries over the following days as they develop. Write down the names, phone numbers, and license plate numbers of everyone involved, and get contact information from any witnesses. If nearby businesses have security cameras pointed at the road, note the business name and address so your attorney can request the footage.

Florida is a no-fault insurance state. Under Florida Statute § 627.736, your own PIP coverage pays up to $10,000 for medical expenses and lost wages regardless of who caused the crash. You need to report the accident to your own insurer to activate these benefits.

However, there is an important difference between reporting the accident and giving a detailed recorded statement. Your insurance company may ask you to provide a recorded account of what happened. Before you agree to that, talk with an attorney. Recorded statements are used by insurers — including your own — to look for inconsistencies, admissions of fault, or descriptions of your injuries that can later be used to minimize or reject your claim. You are required to cooperate with your insurer, but cooperation does not mean you have to give an unguided statement without understanding how it may be used.

Do not speak with the other driver’s insurance company at all without an attorney. That adjuster’s job is to protect their company’s bottom line, not to help you. Anything you say to them can and will be used to reduce your claim or argue that you were more than 50 percent at fault — which under Florida’s modified comparative fault rule would eliminate your recovery entirely.

PIP covers 80 percent of medical expenses and 60 percent of lost wages, up to $10,000. For anything more than a minor fender bender, that amount is nowhere near enough. If your injuries are significant and permanent — meaning they involve scarring, disfigurement, loss of a bodily function, or a permanent limitation — you have the right to step outside the no-fault system and file a personal injury claim against the at-fault driver under Florida Statute § 627.737.

This is where the strength of your evidence and the quality of your medical documentation matter most. To pursue a claim beyond PIP, you need to establish that the other driver was negligent, that their negligence caused the crash, and that you suffered injuries meeting the serious injury threshold. An attorney can help you evaluate whether your injuries qualify and build the strongest possible case against the at-fault driver’s insurance.

Florida Statute § 95.11, as amended by HB 837 in 2023, gives you two years from the date of the accident to file a personal injury lawsuit. Before that legislative change, the deadline was four years. If you miss the two-year deadline, the court will dismiss your case regardless of how clear the other driver’s fault is or how serious your injuries are.

Two years can feel like a long time when you are focused on surgery, rehabilitation, and getting your life back together. But building a strong injury claim takes months of medical treatment, evidence gathering, and ultimately negotiation. The earlier you involve an attorney, the better your chances of preserving evidence and meeting every deadline that applies to your case.

A car accident on I-95, the Palmetto Expressway, Biscayne Boulevard, or any street in Miami-Dade County can leave you dealing with injuries, lost income, and an insurance company that is not on your side. The steps you take now will shape the outcome of your claim. The lawyers at Friedman Rodman Frank & Estrada have handled car accident cases across South Florida for over 50 years, and we can help you avoid the mistakes that cost people their right to maximum compensation.

To speak with one of our experienced attorneys about your accident, call Friedman Rodman Frank & Estrada at (305) 448-8585 or contact us online. We are available 24 hours a day, 7 days a week. All consultations are free, and you pay nothing unless and until we win.