Victims of car accidents endure physical injuries, emotional trauma, and financial burdens. In the aftermath of a crash, one of the first questions you may face is whether to let authorities or a towing company remove your car from the scene.
While this decision seems routine, it can impact your ability to preserve evidence for your claim. If another driver’s negligence caused the crash, you can pursue compensation for your losses.
However, you must prove negligence by collecting strong evidence—such as photos, police reports, and witness statements—before moving your vehicle. You can eliminate the doubts by working with a legal professional after the crash.
At Frankl Kominsky Injury Lawyers, our experienced car accident attorneys near West Palm Beach can guide you in your actions after the crash. We can work with law enforcement, insurers, or the courts to protect your legal right to compensation.
Car Accidents Key Takeaways
- Your car may be towed after an accident, but to preserve evidence, ensure photos and reports are taken before removal.
- After a crash, seek immediate medical attention, file a police report, and notify your insurer promptly.
- You can sue a negligent driver for injuries, low settlements, or reckless driving behavior.
- Liability in car crashes may fall on drivers, vehicle owners, employers, or manufacturers.
- A car accident lawyer can gather evidence, negotiate with insurers, and protect your right to compensation.
- Call a car accident attorney in Riviera Beach for a fair and just settlement.
What Happens When Your Car Gets Towed After an Accident
After a car accident, police, tow truck operators, or other parties may tow your vehicle. You should exercise caution before authorizing towing, as improper handling can damage your vehicle further or compromise evidence.
Always obtain documentation of who towed your car, where it's being stored, and associated costs. Request itemized towing and storage invoices for insurance claim purposes.
A law enforcement officer documents the accident scene before removing the vehicles. They can capture images of the vehicle damage, road conditions, debris locations, and accident circumstances.
Request a copy of the police report, which includes scene photographs and official observations supporting your claim. A car accident lawyer can use a police crash report to establish liability and prove the extent of your losses.
A car accident lawyer can support you during the towing process. They can communicate with towing companies on your behalf, ensuring your vehicle receives proper handling and storage. A Greenacres car accident attorney can negotiate towing and storage fees with insurance companies, preventing you from bearing unnecessary expenses.
They also coordinate with police to obtain complete accident scene documentation and photographs. A car accident attorney can preserve the towing records and document the vehicle's condition after the crash.
What to Do After a Car Crash
After a car crash, your actions can enhance your wellness and protect your legal rights. Here’s what to do if injured in a crash caused by someone else’s fault:
Seek Immediate Medical Attention
You should seek immediate medical attention even if you feel fine or are involved in a minor crash. Seeking immediate medical attention after a car crash protects your health and future legal claim.
Here’s why you should seek immediate medical attention after a car crash:
- Treatment of Hidden Injuries: Injuries like whiplash, internal bleeding, or concussions do not present immediate symptoms after a car crash. A medical professional can conduct various examinations to identify hidden injuries you might overlook.
- Documentation: Medical records create official proof connecting your injuries to the accident. For example, doctors' notes can establish causation to support your insurance claim and litigation. A healthcare provider can document symptoms, diagnoses, and treatment plans, creating irrefutable evidence of injury severity and necessitated care.
- Protection of Legal Rights: Delayed medical attention can weaken your personal injury claim. Insurance companies argue that delayed treatment suggests injuries weren't serious. Immediate medical attention can demonstrate the severity of your injury and strengthen your claim.
File a Police Accident Report
You should notify the local police department after a car crash in Florida. Under Florida law, you must report any accident involving injury, death, or property damage exceeding $500.
Law enforcement officers document the scene, record witness statements, note weather and road conditions, and determine preliminary fault. A car accident lawyer can use a police crash report to support your claim.
Insurance companies and courts rely on police reports to verify how the crash occurred and who was responsible.
Inform Your Insurer About the Crash
You should promptly notify your insurance company after a car accident. Your insurer needs timely information to investigate the incident, assess liability, and determine claim eligibility.
Delaying notification may jeopardize coverage or result in claim denial, as most policies require prompt reporting. Your uninsured/underinsured coverage can also pay the injury-related losses if the at-fault party has a low limit coverage or has no auto insurance.
Many insurers work hard to minimize their financial liability. They can make a quick but low settlement offer after a crash, hoping you’ll accept it without objections. You should, therefore, consult a car accident lawyer who can guide you through the process, protect your rights, and communicate with your insurer on your behalf.
Consult a Trusted Car Accident Attorney
You should also speak with a car accident attorney following a crash to protect your interests and legal rights. A trusted car accident attorney can guide you on legal matters, insurance negotiations, and the applicable damages.
They provide objective advice when you feel overwhelmed by the crash and prevent costly mistakes that can jeopardize your case. An experienced car accident attorney can evaluate your case, assess liability, and advise you to make decisions that protect your right to fair compensation.
They can also conduct comprehensive investigations, gather evidence, witness statements, and accident reports to build a strong case. A car accident lawyer can handle negotiations with insurance companies, ensuring you receive fair settlement offers rather than accepting inadequate amounts.
They can also represent you in court if negotiations fail. You can count on a car accident lawyer to handle the legal aspects of your claim as you focus on recovery.
Can I Sue Someone for Injuring Me in a Car Accident
Yes, you can sue someone for injuring you in a car accident, especially when their negligence directly causes your injuries and financial losses. While many cases begin with insurance claims, there are situations where filing a lawsuit becomes necessary.
Below are a few circumstances that may warrant you to file a lawsuit:
Low Settlement Offers
Insurance companies often make low initial settlement offers to minimize payouts. These offers may not cover your ongoing medical treatment, rehabilitation, or future costs. If the insurer undervalues your claim or refuses to negotiate fairly, a lawsuit can assert your right to fair compensation.
Disputed Liability
Sometimes, the at-fault driver or their insurance company disputes who caused the accident. They may argue that you were partially or fully responsible to reducing their liability. A car accident attorney can gather evidence like police reports, witness statements, and accident reconstruction data to prove fault in court and maximize your recovery.
Severe Injury
If you sustained severe injuries that have long-term or permanent effects, you may have grounds for a personal injury lawsuit. These injuries often result in high medical costs, ongoing care needs, and reduced earning ability.
Here are a few severe injuries that warrant legal action:
- Traumatic brain injuries (TBI)
- Spinal cord injuries and paralysis
- Severe fractures or crushed bones
- Internal organ damage
- Severe burns or disfigurement
- Amputations
- Chronic pain conditions
A car accident lawyer can use medical records to demonstrate the severity of your injury and make a case for current and future medical needs.
Uninsured or Underinsured Drivers
When the driver who caused your accident has little or no insurance, your ability to recover compensation through a claim becomes limited. You can sue the at-fault driver to recover compensation from their personal assets or your uninsured/underinsured motorist coverage.
Reckless Driving
You can initiate legal action for reckless driving behavior like excessive speeding, drunk driving, or road rage. Reckless driving demonstrates a willful disregard for safety, strengthening your case for a compensation claim for punitive damages.
A judge can award you punitive damages to punish the defendant and deter similar behavior that contributed to the accident. A car accident lawyer can use traffic camera footage to demonstrate reckless driving, making a case for punitive damages.
Bad Faith Insurance Practices
Insurance companies are legally obligated to act in good faith when handling claims. You may have grounds for a separate lawsuit if they violate this duty. Here are a few examples of bad faith actions:
- Denying valid claims without justification
- Delaying investigations or payments
- Misrepresenting policy terms
- Failing to conduct a proper investigation
- Making unfair or deceptive settlement offers
Who Is Liable in a Car Accident in Florida
Determining liability in a car accident allows you to pursue compensation and resolve insurance claims. Florida follows shared liability rules, meaning multiple parties can share responsibility. Here are different parties who may share liability for a car accident:
The At-Fault Driver
The driver who caused the accident through negligent or reckless behavior may bear primary liability. Driver liability arises due to violations such as speeding, running red lights, distracted driving, or failing to yield.
The at-fault driver's insurance typically covers damages to other parties involved.
Vehicle Owners
A vehicle owner may be liable if they knowingly allow an incompetent or unlicensed driver to operate their car. Florida's vicarious liability laws hold owners responsible for damages caused by drivers using their vehicles with permission.
Employers
Employers can face liability if an employee causes an accident while performing job-related duties. This doctrine, called respondeat superior, extends employer responsibility for employee negligence during work activities.
A car accident attorney may use delivery logs, GPS data, vehicle maintenance records, and time sheets to prove the employee acted within the employment scope.
Product Manufacturers
Manufacturer liability may arise due to defective vehicle components such as faulty brakes, steering systems, or tires. If a mechanical failure caused the accident rather than driver error, the manufacturer bears responsibility for damages and injuries.
Car Accidents Frequently Asked Questions
Why Is My Car Accident Claim Going to Court?
Your car accident claim may proceed to court after failing to reach an agreement during settlement negotiations with your insurance company. You can also use a lawsuit to solve disputes on liability or compensation amounts.
A car accident attorney can initiate a lawsuit if the defendant disputes fault or insurance coverage proves insufficient. Litigation may also prove helpful when the defendant's insurer acts unreasonably or refuses fair settlement offers. A lawsuit ensures your case receives proper judicial review and protects your right to full compensation through trial proceedings.
How Long Does the Car Accident Settlement Take?
Car accident settlement timelines vary based on case complexity, injury severity, and insurance company responsiveness. Simple claims with clear liability typically settle within three to six months.
More complicated cases involving disputed fault, multiple parties, or severe injuries may require twelve to twenty-four months. A car accident lawyer can expedite the process through efficient negotiation. They can also advocate for adequate time for medical treatment completion and damage assessment before accepting final settlement offers.
Should I Hire a Lawyer After a Car Accident?
Hiring a car accident attorney increases your settlement prospects and protects your legal rights. They can advise you to avoid costly mistakes like providing recorded statements to insurers, accepting inadequate initial offers, or missing legal deadlines.
They ensure you follow insurance procedures, gather compelling evidence, and negotiate with insurers who exploit unrepresented claimants. Representation from a car accident attorney ensures fair compensation assessment, proper damage documentation, and strategic claim management.
Speak to Our Florida Car Accident Attorneys After the Crash
Moving your car before the police arrive can compromise physical evidence proving who caused the accident. For example, shifting your vehicle from the point of impact might erase skid marks or damage patterns that reveal how the crash occurred.
Our Florida car accident attorneys at Frankl Kominsky Injury Lawyers can provide legal support when processing the scene. We can document the scene, preserve evidence, and handle communication with law enforcement and insurers.
Call us at (561) 800-8000 for a free consultation.
