Do I Have to Call the Police After A Florida Car Accident?

Jim Curtis • August 12, 2024

Unfortunately, car accidents are a common occurrence.  They are also very inconvenient, often occurring while you are on your way to or from work, an important appointment, or even picking up your children. Thankfully, most car accidents are minor, and the people involved are often able to just drive away from the scene. This can make it very tempting to just exchange insurance information with the other driver and go on with your day, without calling the police.   But should you do this?  When asked, we always advise people that the police should be called after every Florida car accident. While this can be time consuming in the case of a minor accident, there are a number of reasons why you should.


The Law May Require You to Call the Police


In certain cases, you are legally required to either call the police from the scene of the accident or report it to the police within a certain period of time after it.  Florida statute §316.066 requires you to contact the police and file a report in any accident that involves or causes any of the following:


  1. $500 in property damage to either or both vehicles;
  2. Any injuries, “complaints of pain or discomfort,” or death;
  3. Any vehicle to require towing from the scene;
  4. Involved a commercial motor vehicle; or
  5. Involved a drunk driver.


In any of these cases, a report must be filed. If you do not call the police from the scene, the law requires that you must do so within 10 days from the date of the crash. You can do this by contacting the appropriate law enforcement agency where your accident occurred, which may be the Florida Highway Patrol, the county sheriff’s department, or the city police.


The Police Report is Your First Opportunity to Document the Crash and Any Injuries or Complaints You May Have


The most obvious reason to call the police to the scene of your accident is so that your accident can be promptly and properly documented. This will help to avoid any confusion later on as to what occurred. This is important, especially if there are independent witnesses who need to be interviewed. Interviewing them right away will ensure that the facts of what they witnessed are still fresh in their mind. This will make the witness less susceptible to attack later on due to the possibility of a faded memory.


More importantly, the police report is you first opportunity to document any physical complaints that you may have. This is important because the police report is the first place that the insurance company will look to see if you made any complaints if you later report a claim for injury. If there is no report, the insurance company will likely argue that the accident couldn’t have caused any injury because it was too minor to even report. However, if your back was sore at the scene and the officer noted that on the report, a later claim of a back injury can more easily be related to the crash.  No matter what, it is always important to tell the investigating officer about any possible injuries, whether they may seem minor or not. This way, if the injury isn’t minor, and doesn’t go away, your complaints will be documented early and as close to the time of the accident as possible.


You May Not Know Your Injured Right Away


Oftentimes, people who have been involved in a car accident don’t even know right away that they’ve been hurt. Symptoms can sometimes take days to appear. If you don’t call the police, there will be no official record that your accident even happened. If you then later call the insurance company to report an injury, they are likely going to argue that there is no proof that your accident ever happened, or that something else was the cause of your injury because your accident was so minor that you didn’t even bother to report it. This can all be avoided by simply calling the police when your accident happens.


Call Jim The Lawyer, Accident and Injury Attorney, After a Riverview, Florida Car Accident


If you’ve been injured in a Riverview, Florida car accident, Jim The Lawyer is here to help you fight to get the maximum compensation you deserve for your injury. If you’ve been injured as a result of someone else’s negligence, contact Jim The Lawyer, Accident and Injury Attorney, at
(813)937-9907 for a FREE Consultation and Case Evaluation.

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Do I Have to Call the Police After a Car Accident in Florida? There is nothing more inconvenient than being in a car accident. That’s why many people don’t even wait around to call the Police after one occurs. But is this legal? The answer depends on the circumstances of the crash, but understanding the legal requirements and practical implications can help you make an informed decision in an otherwise stressful situation. Florida’s Legal Requirements for Reporting Car Accidents Florida law requires you to file a police report if your crash meets any of the following criteria: · If there is any injury or fatalities · When there is property damage exceeding $500 · Hit-and-Run situations · If there is suspicion of impaired driving · The accident involved a commercial vehicle · A vehicle needs to be towed from the scene Failure to report your accident in such a case could potentially result in criminal penalties. However, although the law requires a report of the crash if any of these criteria are met, the law does allow drivers up to 10 days to file a crash report with local authorities if they did not call the police at the scene. This obviously would not apply in the case of injury or fatality, or if a driver is impaired. These should be reported immediately. Regardless of the situation, it is always best practice to call the Police after a car accident. Why You Should Call the Police Even When You’re Not Legally Required to Do So There are number of reasons why you should still call the Police after a car accident even if you don’t meet any of the criteria that would legally require you to do so. The reasons include: There is Less Chance for Conflicting Stories When information is gathered quickly at the scene of an accident by the Police, it can then be preserved and there is less chance that it can be misconstrued in the future. People also tend to be more forthcoming at the scene when talking to the Police. However, when given time to think about it, stories often change, especially if a person knows that a claim is being pursued against them. Calling the Police and getting a report can help prevent this happening. Document the Accident The Police Report is the best place to document your accident right after it happened. Unlike merely exchanging information with the other driver, having the Police obtain a statement from all parties involved as well from any eyewitnesses is crucial for any subsequent insurance claim. The Police will often also assign fault to a party, which can be useful in a subsequent claim as well. Document Your Physical Complaints The Police Report is your first opportunity to document any physical complaints that you may have, while still at the scene of the accident. This is very important, especially if you’re unable to seek medical treatment right away. In such a case, without a Police report documenting your complaints, the insurance company may question whether you were even hurt in the accident, especially if it took 4-5 days for you to get in to see a doctor. When You Might Choose Not to Call the Police Although it is always best to call the Police after a Florida car accident, there are times where it may not be imperative that you do so. One such situation would be in the case of a minor accident with no injuries. If the crash is minor and all vehicles are driveable, and nobody is complaining of any injury, waiting around for the Police to show up and take down your information may not be necessary – as long as you still take steps to properly document your accident. Those steps should include: · Exchanging Information: Take a photo of the other driver’s license and make sure to get insurance information. · Take Photographs: If you are not going to call the Police after your accident, it is even more important that you document the crash by photographs. Be sure to take photos of the scene of the accident, and of the damage to all of the vehicles involved in the crash. · Witness Statements: If there are witnesses to your accident, ask for their names and phone numbers so you can get a statement from them later, if necessary. From here, contact a lawyer if you have any questions about filing an insurance claim, or if you begin to feel pain and believe that you may have been injured. Challenges in Pursuing an Insurance Claim Without a Police An insurance company will question everything after an accident. This is especially true if there is no Police Report. Without a Police Report, there is a good chance that liability may be disputed, as there is likely to be conflicting stories from each driver. The Police will investigate the crash and determine who they believe caused the accident. This can help if there are conflicting versions of what happened. Another challenge is in proving that your injury is related to the accident, and not to something else. Without a Police report documenting your complaints, the insurance company may dispute your injuries and their relation to the crash. This is especially true if you don’t seek treatment right away. Call Florida Car Accident Attorney, Jim The Lawyer, for Legal Help Hiring an experienced car accident lawyer can make all the difference in the outcome of your Florida car accident case. If you’ve been injured in a Florida car accident, Jim The Lawyer is here to help you fight to get the maximum compensation you deserve for your injury.  Contact Jim The Lawyer, Accident and Injury Attorney, at (813)937-9907 for a FREE Consultation and Case Evaluation.