Debunking Some Common Myths About Car Accident Police Reports in Florida
A car accident can cause a lot of stress and confusion. After a car accident, it is easy to underestimate or misunderstand the purpose of a police report. As personal injury attorneys, we have heard many “facts” about car accident police reports that are actually fallacies. Believing these myths can result in serious consequences. In this article, we debunk some of the most common myths about car accident police reports in Florida to help you make informed decisions and protect your rights.
- A Police Report Is Unnecessary if the Accident Was Minor
Under Florida Statutes Section 316.065, you are legally obligated to notify the police of an accident if it involves injury, death, or property damage of $500 or more. However, even if it seems like the accident is minor and there are no injuries or significant property damage, it is best to report the accident to the police. What seems like a fender bender could end up being serious damage. And while you might feel “fine” at first, you may later discover that you suffered a severe injury. Injuries like whiplash, brain injuries, and soft tissue damage may not present symptoms until hours or even days later. A police report can help support your insurance or personal injury claim if disputes arise later about the legitimacy of your claim or the extent of damages.
- If the Other Driver Admits Fault, You Don’t Need a Police Report
If the other driver admits fault at the scene and seems cooperative, it may be tempting not to involve the police. Do not make this mistake. You don’t know what the other driver will say or do later. What if they change their story? What if they turn against you and put the blame on you? A police report documents what happened and often includes witness statements and a preliminary evaluation of fault. This official report can help corroborate your version of events.
- A Police Report Determines Fault
After a car accident, you might assume that a police report will definitively determine fault. In Florida, a police report does not determine fault. While a police report may contain the officer’s preliminary opinion on who caused the accident, this opinion is not legally binding and doesn’t have the final say in determining fault. In Florida, liability is determined by insurance investigations and, in some cases, the court. A police officer’s opinion may influence an adjuster’s assessments, but it’s not the final word.
Because a police report does not automatically determine fault, it’s crucial to gather additional evidence after a Florida car accident, such as photos of the accident scene, witness statements, and video footage.
- If You Call the Police and They Don’t Come to the Scene, You Can’t File a Report
In Florida, if the police don’t show up to an accident scene and the accident meets the legal reporting criteria, you can file a Driver Report of Traffic Crash (Form HSMV 90011S) with the FLHSMV within ten days of your accident. Filing this report is vital for ensuring you have documentation that can support your legal claim.
Contact a Jacksonville Car Accident Attorney
If you’ve been involved in a Florida car accident, contact our Jacksonville car accident attorneys at The Pendas Law Firm for legal help.
The Pendas Law Firm also represents clients in the Miami, Tampa, Ocala, Orlando, Fort Myers, Fort Lauderdale, Bradenton, Daytona Beach, West Palm Beach, Naples, and Melbourne areas.
Source:
flsenate.gov/Laws/Statutes/2010/0316.065