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Getting in a car accident is a terrifying experience. It can also be an overwhelming one, with a lot of confusion over what to do in the aftermath. The first order of business should always be ensuring your health and safety. From there, you need to focus on your potential legal claim, especially if the accident was caused fully, or in part, by someone else’s negligence.
Gathering evidence after a car accident is key to receiving compensation for your losses. We’ve explained why below, with a quick overview of the types of car accident evidence you should try to collect.
Why Evidence is Essential for a Car Accident Claim
You must prove your claim in order to receive compensation after a car accident — and what’s the easiest way to prove to the insurance company that the accident wasn’t your fault? Provide them with evidence that it was the fault of another party. Ideally, through an attorney. It is important to understand that when an insurance company first contacts you, it was likely already with the advice and counsel of an attorney, just not one who works for YOU, but instead works for the insurance company.
In Florida, comparative negligence plays a crucial role in personal injury cases, as it allows for a fair assessment of damages based on each party’s level of fault. This legal principle means that even if you are partially responsible for an accident, you can still recover compensation, albeit reduced by your percentage of fault. However, Florida changed this rule effective March 3, 2023, and affects all cases that have not been filed as a lawsuit by that date. Specifically, the legislature determined that now, if you are held to be 51% or more at fault for the subject crash you are alleging to have caused your injuries, you no longer can recover anything at all. Due to this, Alana Weatherstone of Gordon and Partners says, “it is vital to maintain comprehensive evidence from the scene, including photographs, witness statements, and medical records, to substantiate your claim. Proper documentation can be the difference between a favorable outcome and a lost case. Always remember, the burden of proof rests on you, and robust evidence strengthens your position in negotiations or court. Ultimately, understanding and effectively navigating Florida’s comparative negligence rules can empower victims to secure the compensation they deserve.”
Car Accident Evidence: Here’s What You Need
When it comes to gathering evidence after a car accident, the more proof you have, the better. This includes the following types of documents, all of which will support your claim.
- Police Reports: Official police reports document important details about your case, such as where and when it happened, how it happened, and who was involved. In Florida, drivers are required to file a police report within ten (10) days of an accident if there was personal injury, death, or property damage above $500.
- Photographs and Videos: Use your phone to document the scene, the damage, license plate numbers, and anything else that illustrates the specifics of the collision.
- Written Notes: Using a pen and paper or the notes app on your phone, record everything you can remember in the moment about what occurred. Memory is a tricky thing, and this ensures you don’t forget or misremember anything essential to your claim.
- Witness Statements: If there are eyewitnesses available, ask if they’d be willing to provide their objective version of events either in writing or a recording, then collect their statement(s). Make sure to get their contact information, too.
Car accident evidence works to prove who’s liable and to what degree, making it a must for ensuring you get – and maximize – a post-accident Settlement, Award, or Verdict. Aim to collect more rather than less since every shred of evidence may strengthen your case.
Information to Keep for Car Accident Claims
In addition to the evidence you gather on the scene, there are other types of proof that will support your claim with insurance. The two main categories of proof you want to keep on hand after a car accident are medical records and financial records.
- Medical Records: No matter how mild the injury, medical records provide necessary documentation regarding the existence and extent of post-accident injuries. Keep track of all records related to medical care after a car accident, including clinical assessments, treatment plans, medical bills, and prescription records.
- Financial Records: Hold on to any document that shows the financial impact of the accident, including car repairs, unexpected childcare costs, public transportation costs, lost wages, and so on.
Insurance companies are looking for any excuse to minimize your claim. Providing ample supporting evidence makes it harder for them to do that, and as a result, more likely you’ll get what you’re owed.
Book a Free Legal Consultation
Gathering evidence after a car accident – both in the minutes and the week that follow – makes all the difference in the strength of your claim. But it’s not the only thing.
A car accident attorney can request, organize, and present supporting documents for your claim as needed. Depending on the specifics of your case, they may also conduct a further investigation into the accident, including accessing public and private video of the incident, negotiating directly with insurance, and maximizing your compensation. If you have been harmed by another person’s negligence on the road, you deserve to have a lawyer who will fight for your rights. Our firm has recovered more than $1 Billion in compensation for Florida personal injury victims, and because we work on a contingency fee basis, there are no upfront costs to using our services. Call today to speak with a skilled car accident lawyer and get a free, no-obligation legal consultation, plus an estimate of how much your claim might be worth.