What to Do After a Car Accident in Miami: A Step-by-Step Guide

Rey Hernandez

Personal Injury Attorney | FL Bar Admitted

Published May 23, 2026 · 9 min read

Personal Injury

Being in a car accident in Miami can be a terrifying and disorienting experience. In the moments after a collision, it is difficult to think clearly, but the steps you take immediately following an accident can significantly impact your ability to recover compensation for injuries, vehicle damage, and other losses.

With over 30 years of personal injury litigation experience, Attorney Rey Hernandez at Almeyda Law, P.A. has helped countless Miami residents navigate the aftermath of car accidents. This guide walks you through exactly what to do.

At the Scene: Immediate Steps

The first few minutes after a car accident are critical. Here is what you should do:

1. Check for Injuries and Call 911

Your safety and the safety of others comes first. Check yourself and your passengers for injuries. If anyone is hurt, call 911 immediately. Even if injuries seem minor, it is important to have paramedics evaluate everyone at the scene.

2. Move to Safety If Possible

If your vehicle is drivable and you are in a dangerous location (such as a busy intersection on I-95, the Palmetto Expressway, or US-1), move to the shoulder or a nearby parking lot. Turn on your hazard lights to alert other drivers.

3. Call the Police

Under Florida law, you must report any accident that results in injury, death, or property damage exceeding $500. In Miami-Dade County, call the Miami-Dade Police Department or the City of Miami Police depending on your location. A police report is essential for your insurance claim and any potential legal case.

4. Exchange Information

Collect the following from all other drivers involved:

• Full name and contact information
• Driver’s license number and state
• Insurance company name and policy number
• License plate number and vehicle description
• Names and contact information of any passengers

5. Do Not Admit Fault

This is critical. Even if you think you may have been partially at fault, do not apologize or make statements like “I’m sorry” or “It was my fault.” Florida follows a modified comparative negligence system, meaning your compensation can be reduced based on your percentage of fault. Let the investigation determine who is responsible.

Seek Medical Attention

Even if you feel fine after the accident, see a doctor within 72 hours. There are two important reasons:

1. Hidden injuries: Many car accident injuries, including whiplash, concussions, and internal bleeding, may not show symptoms immediately. Adrenaline can mask pain for hours or even days.
2. PIP insurance deadline: Under Florida’s No-Fault insurance law, you must seek medical treatment within 14 days of the accident to qualify for Personal Injury Protection (PIP) benefits. Missing this deadline means losing up to $10,000 in medical coverage regardless of who was at fault.

Visit an emergency room, urgent care clinic, or your primary care physician. Make sure every visit is documented and keep copies of all medical records and bills.

Document Everything

Strong documentation is the foundation of a successful car accident claim. Here is what to collect:

• Photos and videos: Take pictures of all vehicles involved from multiple angles, the accident scene, traffic signals, road conditions, skid marks, debris, and any visible injuries
• Witness information: Get names and phone numbers from anyone who saw the accident
• Police report: Request a copy of the accident report from the responding agency. In Miami-Dade, you can obtain reports online through the Miami-Dade Police website
• Medical records: Keep a file of all doctor visits, diagnoses, treatments, prescriptions, and bills
• Lost wages: Document any work you miss due to injuries, including pay stubs and a letter from your employer
• Daily journal: Write down how your injuries affect your daily life, pain levels, and emotional state

Dealing with Insurance Companies

After a car accident in Miami, you will likely hear from insurance adjusters quickly, sometimes within hours. Here is how to handle them:

Your Own Insurance Company (PIP Claim)

Report the accident to your own insurance company promptly. Under Florida’s No-Fault system, your PIP coverage pays for your medical bills and lost wages up to $10,000, regardless of who caused the accident.

The Other Driver’s Insurance Company

If the other driver was at fault and your injuries exceed the PIP threshold, you may file a claim against their liability insurance. Be cautious:

• Do not give a recorded statement without consulting an attorney first
• Do not accept the first settlement offer. Initial offers are almost always lower than what your case is worth
• Do not sign any documents from the other driver’s insurance company without legal review

Understanding Florida PIP Insurance

Florida is a No-Fault insurance state, which means every driver must carry Personal Injury Protection (PIP) insurance. Key facts about PIP:

• Minimum coverage: $10,000 per person per accident
• PIP covers 80% of medical expenses and 60% of lost wages
• You must seek treatment within 14 days of the accident
• PIP applies regardless of who caused the accident
• If your injuries are not deemed an “emergency medical condition,” your PIP benefits may be capped at $2,500

For a deeper dive into PIP coverage, read our guide on understanding PIP insurance in Florida.

When to Call a Personal Injury Attorney

Not every fender bender requires a lawyer, but you should seriously consider calling an attorney if:

• You suffered injuries that required medical treatment beyond basic first aid
• Your medical bills exceed your PIP coverage ($10,000)
• You missed work due to your injuries
• The other driver was uninsured or underinsured
• The insurance company is denying or delaying your claim
• You are being pressured to accept a low settlement
• The accident involved a commercial vehicle, rideshare (Uber/Lyft), or government vehicle
• There is a dispute about who was at fault

At Almeyda Law, Attorney Rey Hernandez works on a contingency fee basis for personal injury cases, meaning you pay nothing unless we recover compensation for you.

Important Deadlines in Florida

Florida has strict deadlines that can affect your ability to recover compensation:

• 14 days: Deadline to seek medical treatment for PIP benefits
• 2 years: Statute of limitations for filing a personal injury lawsuit in Florida (as of March 2024, reduced from 4 years)
• 30 days: You must report the accident to your insurance company within a reasonable time (check your policy for specific deadlines)
• 5 years: Statute of limitations for property damage claims

Missing these deadlines can permanently bar you from recovering compensation, so act quickly.