The choices you make in the first few days of a car accident in Florida matter for both health and compensation under Florida law. Below are the biggest pitfalls to avoid. If you want immediate guidance from the best car accident attorneys in Miami, Buchalter Hoffman Dorchak & Lissa offers English and Spanish support and handles claims across Miami-Dade, Broward, and Palm Beach—schedule a free legal consultation now.
Waiting More Than 14 Days to See a Doctor
Florida’s personal injury protection (PIP) rules reward early treatment and penalize delay. To unlock PIP medical benefits, you generally must obtain initial care within 14 days of the crash. When the initial provider documents an “emergency medical condition,” PIP can fund up to $10,000 in benefits (typically 80% of reasonable medical bills and 60% of wage loss); without that finding, benefits can be limited to $2,500.
Prompt evaluation by an ER, urgent care, or other qualified provider not only supports recovery but ties your symptoms to the collision in the claims record. Quick, documented care protects both health and eligibility under Fla. Stat. § 627.736.
Skipping Law-Enforcement Involvement and the Official Report
When injuries occur or certain property-damage thresholds are met, Florida law anticipates a police response and a Florida Traffic Crash Report. Officers complete the long form report and submit it to the Department of Highway Safety and Motor Vehicles, which becomes the official record insurers and courts rely on to confirm date, time, parties, and insurance details.
Calling 911 and waiting for the report means you will later have a document that validates the basics and helps your North Miami car accident lawyers track down witnesses and preserve scene details. The statutory framework for crash reports appears in §316.066, and the state’s Crash Portal explains how reports are processed and purchased.
Giving a Recorded Statement to the Other Driver’s Insurer
The at-fault driver’s insurer may ask for a recorded statement within days. You have no legal duty to provide the other insurer a recorded interview, and doing it before your medical picture is clear can undercut claims by freezing early, incomplete descriptions into the file. Statements taken without the full crash report, imaging, or specialist evaluations can be used to dispute mechanisms of injury or to minimize how symptoms interfere with work.
Instead of rushing, route communications through counsel and let your medical records speak for you. Florida’s insurer-conduct standards and claims processes contemplate evidence-based evaluations; they do not require you to give the opposing carrier a recorded narrative.
Posting About Your Injuries or Activities on Social Media
Photos and casual posts often get misread in claims. A single gym selfie, a beach photo, or joking comments about “feeling fine” can be clipped from context and used to question severity or causation. Even private settings may not shield content if litigation is filed and discovery follows.
A conservative approach—no injury talk, no activity highlights, and no debate about the crash online—keeps the focus where it belongs: medical records, diagnostic imaging, and provider notes. Counsel can manage all formal updates to insurers so your claim reflects clinical reality, which is how Miami Florida injury attorneys build a consistent damages narrative from day one.
Admitting Fault or Assuming Old Comparative-Fault Rules Still Apply
Some drivers apologize reflexively at the scene. That can be misinterpreted as an admission—especially now that Florida follows modified comparative negligence, not the old pure system. For negligence claims accruing on or after March 24, 2023, a plaintiff found more than 50% at fault recovers nothing.
The new standard is codified in § 768.81(6) and was enacted by HB 837 (2023). Let the physical evidence—vehicle damage, lane position, skid marks, dashcam, and witness accounts—do the talking. Objective proof, not on-the-spot blame, determines how fault is apportioned and what recovery is available.
Accepting a Quick Settlement and Signing a Broad Release
Fast checks can be tempting—but early releases often extinguish claims that are not yet fully understood. Musculoskeletal injuries, for example, may evolve from conservative care to injections or even surgery over months. Once you sign, reopening the claim is typically impossible. A measured approach reviews all potentially liable parties, health-insurance and provider liens, and future medical needs before any release is considered.
Your Miami, FL car accident lawyer will compare the offer against evidence, fault allocation under § 768.81, and available coverages (including UM/UIM) so you do not trade long-term security for short-term relief.
Call Car Accident Attorneys to Avoid Errors After a Car Wreck
With Florida’s 14-day PIP rule, police-report requirements, modified comparative negligence, and shortened filing deadlines, small missteps can have outsized consequences. Buchalter Hoffman and Dorchak have guided South Florida families for more than 40 years. If you were hurt anywhere in Miami-Dade, Broward, or Palm Beach, contact us today to get started.