Most people spend the first few days after a car crash dealing with a sore neck, a damaged car and a lot of phone calls. Very few spend it thinking about the legal side, which is understandable. The problem is that several of the decisions that shape a Florida injury claim get made in that first week, often before anyone realizes they matter.
To break down what matters most, we asked David W. Lipcon, a named partner at the Miami personal injury firm Lipcon & Lipcon, P.A., what he tells people who call in the days after a crash. His answers below are paired with the Florida rules behind them.
Get checked by a doctor within 14 days
Florida is a no fault state, which means your own personal injury protection coverage is usually the first source of payment for medical bills after a crash. Under section 627.736 of the Florida Statutes, those PIP benefits generally aren’t available unless you receive initial medical treatment within 14 days of the accident.
“People feel fine at the scene and decide to wait it out. Then the pain shows up a week later and they’ve lost time they didn’t know they had. Getting evaluated early protects your health first and your claim second.” – David W. Lipcon, ESQ.
Make sure the crash is on record
A police report is one of the first documents an insurer asks for. When a crash involves an injury, Florida law under section 316.066 generally calls for a law enforcement report. If no officer wrote one, the drivers involved may be required to file their own report within 10 days. Get the report number before you leave the scene if you can, along with the other driver’s name, insurer and plate number.
Save the evidence before it disappears
Photos of the vehicles, the road and any visible injuries are easy to take on day one and impossible to recreate later. Witness names and phone numbers matter just as much, because people are much harder to find a month after the fact.
“Security cameras at businesses and intersections often record over themselves within days. If there’s a store or a gas station near where the crash happened, that footage is worth chasing right away.” -David W. Lipcon, ESQ
Be careful with the other driver’s insurance company
Within a day or two, the at fault driver’s insurer may call to ask for a recorded statement. You’re generally not required to give one to the other side’s carrier and a casual remark about feeling “okay” can be used later to minimize an injury that got worse.
“The adjuster on the phone is friendly, but their job is to close the file for as little as possible. You can take down their information and tell them your lawyer will be in touch.” -David W. Lipcon, ESQ.
Know that Florida’s rules changed in 2023
Florida’s 2023 tort reform law, HB 837, changed two rules that matter in almost every car accident case. For most negligence claims arising on or after March 24, 2023, section 95.11 now gives injured people two years to file a lawsuit instead of four. The law also changed comparative fault under section 768.81, so a person found more than 50 percent responsible for their own injuries generally can’t recover damages from the other party.
“That second change is the one people don’t hear about. Fault gets argued over percentages, so how the facts are documented in the first week can matter a great deal down the road.” [Draft quote, pending approval by David W. Lipcon]
Stay off social media about the crash
Posts, photos and location tags are often reviewed by insurers once a claim is open. A picture from a family barbecue can be framed as proof that an injury isn’t serious, even when it was taken on a good day. The simplest approach is not to post about the accident, your injuries or your recovery while the claim is pending.
Talk to a lawyer before the claim takes shape
A consultation doesn’t commit you to anything and most injury firms offer one without charge. The value of an early conversation is that someone can spot deadline, coverage and evidence issues while they’re still fixable. When you meet with any firm, it helps to ask who will actually handle your case day to day, whether the firm has taken car accident cases to trial and how fees and case costs work.
“The calls I wish I got sooner are the ones where a recorded statement is already given or the treatment gap is already there. None of that is fatal, but it’s all easier to handle in week one than in month six.” – David W. Lipcon, ESQ.
About the attorney
David W. Lipcon is a named partner at Lipcon & Lipcon, P.A., a family operated Miami personal injury firm he has led with his father, Mitchell J. Lipcon, since 1993. He earned his law degree from the University of Florida Levin College of Law, was admitted to The Florida Bar in 1993 and is admitted to the trial bar of the U.S. District Court for the Southern District of Florida.
He holds an AV Preeminent peer review rating from Martindale-Hubbell,** has been selected to Super Lawyers since 2020 and has served as chair of The Florida Bar’s Grievance Committee for the Eleventh Judicial Circuit and received the Bar’s Meritorious Public Service award. Over more than three decades of practice, he has recovered more than $100 million for injured Floridians.* The firm handles car accident cases along with truck and motorcycle crashes, nursing home neglect, negligent security and wrongful death claims throughout Florida.
Lipcon & Lipcon, P.A. is located at 7300 North Kendall Drive, Suite 680, Miami, FL 33156. The firm can be reached at (305) 670-6144. Anyone injured in a Miami crash can request a free consultation with the firm.
*Past results do not guarantee, warrant, or predict similar outcomes in future cases. Each case is unique and must be evaluated on its own merits.
**AV Preeminent and the Martindale-Hubbell Peer Review Ratings are trademarks of MH Sub I, LLC. Ratings reflect peer assessments and are not a guarantee of results.
This article is for general information only and is not legal advice. Reading it does not create an attorney client relationship.