What to Do After a Car Accident Not Your Fault?

Getting into a car crash can be a major disruption, especially when the accident wasn’t your fault. Knowing what to do after a car accident not your fault can significantly impact the outcome of your claim and your ability to recover the compensation you’re owed. 

At Hersh Kirtman, we help drivers in Boca Raton take smart legal steps after collisions caused by others. If you’re looking for a Boca Raton car accident lawyer, our team is here to guide you through every stage of the process. Below, we walk through exactly what you should do right after the crash, how Florida law applies, and how to protect your rights in the days and weeks that follow.

Steps to Take Immediately After a Car Accident That Wasn’t Your Fault

Move to Safety and Check for Injuries

First, take a deep breath. Your safety comes first. According to DMV Florida, if your vehicle is blocking traffic after an accident, you must move it or get help, such as calling a tow truck—your car should never obstruct traffic under any circumstances. Once safe, check yourself and any passengers for injuries and avoid moving anyone who may be seriously hurt.

Call 911 and Report the Accident

Drivers involved in a crash should immediately call 911 and stay at the scene, especially if the accident involves injuries, fatalities, suspected DUI, a hit and run, a commercial vehicle, a wrecker, or visible property damage. Law enforcement will create an official report, which can be critical later on. For minor collisions that don’t meet these criteria, drivers may have the option to self-report the incident instead.

Exchange Information With the Other Driver

Once emergency needs are handled, speak with the other driver. Get their name, license number, insurance company, and contact info. Keep the interaction polite but brief. Avoid discussing fault or saying you’re sorry; even casual comments can be used against you later.

Document the Scene and Gather Evidence

Use your phone to take clear photos of the vehicles, damage, license plates, skid marks, and traffic signals. These images can provide context about how the crash happened. Make notes about weather conditions, the time of day, and anything unusual that might have contributed to the collision.

Talk to Witnesses and Get Their Contact Info

If anyone saw the accident, approach them and ask for their name and phone number. A third-party account of the crash can support your version of events, especially if the other driver later tries to shift blame.

Michael Hersh

Founding Partner

A passionate advocate for injury victims, Michael transitioned from corporate law to fighting for individuals after a pivotal case defending an elderly couple. With over $100M in verdicts and settlements, he specializes in catastrophic injury and wrongful death cases, using his Trial Lawyers College training to powerfully tell clients’ stories.

Years of experience – Over 15 years
Elite Trial Advocate – Graduate, Trial Lawyers College
$35M Record Verdict – Catastrophic auto accident case

Get in touch: LinkedIn | Justia

Do You Have to Report the Accident in Florida?

Yes, in many cases, you do. Under Florida law, drivers must stay at the scene and notify law enforcement if a crash involves injuries, fatalities, DUI, hit and run, commercial vehicles, a wrecker, or apparent damage of $500 or more. Minor crashes that don’t meet these criteria may be self-reported by the drivers involved. 

Should You Call Your Insurance Company?

Yes, notify your insurer promptly. Even though you didn’t cause the accident, your policy likely requires that you report all incidents. Be factual, stick to the basics, and avoid statements about who was at fault. Let the claims adjusters investigate liability.

What Not to Do After a Not-At-Fault Accident

There are a few common missteps drivers make after a crash:

• Don’t leave the scene: Even in minor accidents, driving away can damage your legal standing.
• Don’t admit fault: Let investigators determine liability based on facts and evidence.
• Don’t post about the accident on social media: Insurance companies may monitor online activity.
• Don’t delay medical care: Waiting days or weeks can make your injuries seem less serious than they are.

Understanding Your Rights as a Not-At-Fault Driver in Florida

Florida’s insurance rules can be confusing, but you still have options. Because Florida is a no-fault state, your personal injury protection (PIP) coverage pays for your medical bills, regardless of who caused the crash. But if your injuries are serious, you may also pursue a claim against the at-fault driver’s insurance.

That means you could recover compensation for:

• Medical bills beyond PIP limits
• Lost wages
• Pain and suffering
• Damage to your vehicle

To qualify for these types of claims, your injuries must meet Florida’s serious injury threshold, so medical documentation is key.

How a Boca Raton Car Accident Lawyer Can Help

After an accident, having the right legal support can make all the difference. Our team at Hersh Kirtman has helped many Boca Raton drivers navigate the aftermath of crashes caused by others’ negligence. From gathering evidence to negotiating fair settlements, we guide you through each step with clarity and purpose.

Need help figuring out what to do after a car accident not your fault? Contact us today at 561.208.3700 and let us walk you through your next steps with confidence and clarity.

Proving the other driver was at fault requires clear communication with your legal team. If you prefer to tell your side of the story in Spanish, our abogados de accidentes que hablan español en Boca Raton are ready to listen and fight for you.