You Must Report a Car Accident in Florida
In Florida, drivers must promptly report any accidents to law enforcement, regardless of fault. If you don’t report a car accident in Florida, it can lead to financial penalties and consequences. Under the law, motorists involved in a collision are obligated to report the accident to law enforcement when there are injuries or significant property damage involved. If you fail to report the accident and leave the scene of the collision, you could face fines and criminal charges.
The responsibility to submit a written accident report does not apply if the police investigate the crash. Reporting the accident orally or over the phone to a law enforcement officer means there is no need for a follow-up report from you. If you were hit by a negligent driver, an Orlando car accident lawyer can help make sure you complete all necessary paperwork and procedures in order to protect your right to compensation.
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Penalties for Not Reporting a Car Accident in Florida
If a driver is required by Florida Statutes § 316.066 to report an accident and fails to do so, the consequences they face are non-criminal in nature. If they do not report the accident, they could face a $30 penalty. This is not a criminal charge, it is a nonmoving violation, so there is no jail time associated with this offense.
The consequences for leaving the scene of an accident without reporting it to police are much steeper. Leaving the scene of an accident is a criminal offense that could result in jail time, especially if the collision involved extensive property damage, bodily injuries, or death. If you are the victim of a hit and run, you can also seek civil recourse with the help of a hit and run accident lawyer.
It is best to make the phone call and report the accident. Mention all apparent injuries—whether it is a pedestrian, passenger, yourself, or an occupant of the other vehicle who is hurt. There is no minimum injury specification, so even a minor bruise can be considered an injury. It is often best not to take chances.
Other Consequences of Not Reporting a Car Accident in Florida
If you are hurt in a car accident caused by a negligent motorist, it’s in your best interest to file a report, and not just for legal purposes. Without a report, you may encounter:
- Difficulty in Proving Fault: Without an official accident report, establishing fault becomes challenging. Police reports provide an unbiased account of the incident, which is crucial in determining liability. Without this report, you may struggle to prove the other party’s fault, leading to complications in claims and potential legal disputes.
- Issues with Obtaining Witness Statements and Evidence: Timely reporting of an accident allows for the collection of witness statements and evidence while the details are fresh. Delaying the report can result in witnesses becoming unavailable or their memories fading, making their testimonies less reliable. Additionally, physical evidence such as skid marks or vehicle positions may no longer be present, weakening your case.
- Problems with Vehicle Repairs and Compensation: Insurance companies rely on accident reports to process claims. Failing to report an accident can lead to delays or denials of claims, leaving you responsible for repair costs. An official report helps validate the incident and expedite the claims process, ensuring your vehicle is repaired promptly.
- Delays in Getting Your Vehicle Repaired: Without a report, the insurance claim process can be significantly delayed. This can leave you without a vehicle for an extended period, causing inconvenience and potential financial strain if you need to rent a car or find alternative transportation.
- Out-of-Pocket Expenses: If your claim is denied due to a lack of an accident report, you may have to cover all repair and medical expenses out of pocket. This can be financially burdensome, especially if the accident resulted in significant damage or injuries. Additionally, you might face increased insurance premiums due to the unreported incident.
When Reporting an Accident to Law Enforcement Is Required
State law does not require motorists to report every accident to police. Minor collisions and fender benders do not require you to notify law enforcement. The situations where you must notify the police of an accident include:
- Accidents that result in bodily injuries
- Accidents that result in death
- Accidents that result in property damage in an apparent amount of $500 or more
It should be noted that the $500 threshold for property damage is low enough to apply to a large number of motor vehicle accidents. The reality of car repairs is that even relatively minor body work frequently costs more than $500. Outside of minor scrapes or dings, many car accidents easily surpass the $500 threshold.
The law requires notifying the police of an accident as soon as possible through the fastest means available. This often means calling the police from the scene of the crash. Since a majority of people carry cell phones, this is easier than ever. Notifying the police in this way is enough to satisfy a motorist’s duty to report an accident.
Self-Reporting and Providing Written Notice of an Auto Accident
There is one situation where drivers must provide written notice of a car crash. If a driver involved in an accident that requires reporting notifies the police and they do not investigate, that driver must submit a written report to the Florida Department of Highway Safety and Motor Vehicles (FLHSMV). Here are some important items to note:
- Motorists must submit these reports within 10 days of an accident.
- You can find the Driver Report of Traffic Crash form on the FLHSMV website.
- If you want to submit the report electronically, email the completed form to SelfReportCrashes@flhsmv.gov
- If you want to submit the report by mail, mail it to:
Florida Highway Safety & Motor Vehicles
Self Report Crash Team
2900 Apalachee Pkwy, MS 28
Tallahassee, Florida 32399
Reporting from the Car Accident Scene
When an accident occurs within a municipality, you should report it to the local police department. If you are on state or interstate highways, you should report to the Florida Highway Patrol. In rural areas that do not have dedicated police departments, you can report the accident to the county sheriff.
When reporting from the accident scene, make sure you give the operator important information like:
- Your location
- Your cell number in case your call gets disconnected
- Whether the involved parties suffered any injuries
- Whether the accident blocked the roadway or the drivers moved their vehicles to the side of the road
Many state highway systems have special reporting numbers. In Florida, the universal number for reporting incidents is Star FHP (*347). This system is similar to 911, but its purpose is to incorporate the unique ability of cell phones.
What If You Are Physically Incapable of Filing an Accident Report?
In serious accidents, you may be physically unable to promptly file a report. If law enforcement investigated what happened, you are not required to submit a separate written report. However, if they didn’t investigate, you must file a report as soon as you are able.
If you had a passenger and they can file a report, they may do so on your behalf. If you were driving someone else’s car, the vehicle owner is responsible for filing a report if you couldn’t due to your injuries.
What if the Other Driver Asks You Not to Report the Accident?
Report it anyway. The other driver may be willing to accept the fines for failure to report an accident, and that is their choice. They may have many reasons for the request, such as:
- They are underinsured or have no insurance.
- They are an unlicensed driver.
- They have a history of getting into car accidents.
- They have illicit substances in their vehicle.
- They were under the influence of drugs or alcohol.
You are obligated to report the accident, no matter what.
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Notifying Your Insurance Company of the Car Crash
Whether or not you are required to submit a report to law enforcement depends on the severity of the crash, but your obligation to report an accident to your insurance company is another matter. Under the terms of most insurance policies, insured drivers have the responsibility to notify their carriers when an accident happens. This is true whether or not that individual ultimately files a claim with their own insurance carrier.
The purpose of this requirement is to ensure the insurance company has the ability to investigate the facts of an accident. Even when you don’t personally file a claim, the other driver may file a claim with your insurance carrier. Before they make a decision on accepting or denying coverage, carriers will perform their own investigation.
Because these investigations are time-sensitive, insurance companies require their drivers to notify them of a crash as soon as possible. You don’t need to contact them from the scene, but you should call as soon as possible after an accident. Failure to notify your insurance company could have real consequences. It could lead to the denial of your insurance claim or even the cancellation of your entire policy.
You Do Not Have to Notify the Other Driver’s Insurance
You might have legal or contractual obligations to notify the police or your insurance provider. That said, you are never under any obligation to speak to the other driver’s insurance company or notify them of the accident.
In fact, talking to the other driver or the insurance company about your accident is a risk you do not need to take, as your words could be taken out of context to seem as if you accepted liability for a crash. To protect your case, avoid discussing your accident with anyone but your personal injury attorney.
Talk to an Attorney from Our Firm Following Your Car Accident
While it is understandable to wonder what happens when you do not report a car accident in Florida, the reality is that there are rare circumstances where you will have to do more than call the police.
If you were involved in a car accident, the team at Bogin, Munns & Munns is here to help. If you hire one of our lawyers after a car accident, we can help you understand what steps are necessary in the aftermath of a collision. To give yourself a chance at financial compensation following a car accident, contact Bogin, Munns & Munns as soon as possible for your free consultation.
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