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Legal Obligations for Reporting a Car Accident in Miami

Car crash between two cars

Legal Obligations for Reporting a Car Accident in Miami

Car accidents are a regular occurrence on Miami’s busy streets. Whether it is a minor fender bender or a more serious crash, drivers must know what the law requires when it comes to reporting the incident. Failing to follow the rules can lead to fines, penalties, or complications if you later need to file an insurance claim or pursue compensation

Car crash between two cars

When You Are Required to Report a Car Accident in Miami

Not every minor traffic incident requires a formal accident report. Florida law sets out specific circumstances where drivers must notify law enforcement. Under Florida Statute 316.066, you are required to report a crash to police if it results in:

  • Injury or death of any person 
  • Property damage that appears to be $500 or more 
  • A driver leaving the scene (hit and run) 
  • A crash involving a driver who was impaired by drugs or alcohol 
  • A commercial vehicle

If any of these conditions are met, the accident must be reported immediately. In most cases, you should call 911 at the scene so that police can respond and prepare an official crash report.

For very minor accidents where none of the above factors apply, drivers are not legally required to call the police at the scene. However, you may still need to file a report with the Florida Department of Highway Safety and Motor Vehicles (FLHSMV) within ten days if the damages meet the $500 threshold.

Why Filing a Report Is So Important

Reporting a car accident may feel like an inconvenience, but it serves several important purposes. First, it creates an official record of the incident. This record is often critical if you later pursue a personal injury claim or need to prove who was at fault. Insurance companies frequently request a copy of the police report before processing claims.

Second, it ensures compliance with Florida law. Failing to report an accident when required can result in penalties, such as fines or even a suspended driver’s license in serious cases.

Finally, reporting an accident helps protect you from false claims. Without a police report, the other driver may later change their story about what happened, making it harder for you to defend yourself.

What Happens If Police Do Not Respond

In some cases, law enforcement may not come to the scene of a minor crash. If the police do not respond, you are still responsible for reporting the incident yourself. This is done through a self-report crash form available on the FLHSMV website. You can submit the report online or by mail, but it must be filed within ten days of the accident.

It is important to include accurate information when filling out the report. Details such as the time, location, description of damage, and names of all involved parties should be documented carefully. Keep a copy of the report for your records.

Steps to Take at the Scene of a Car Accident in Miami

Even before filing a report, there are immediate steps you should take after a crash to protect your health, safety, and rights.

  1. Check for injuries – Call 911 immediately if anyone is hurt. 
  2. Move to safety – If possible, move vehicles out of traffic to avoid additional accidents. 
  3. Call law enforcement – Even for accidents that seem minor, contacting the police is often the safest option. 
  4. Exchange information – Collect the names, contact details, insurance information, and driver’s license numbers of all involved drivers. 
  5. Document the scene – Take photographs of the vehicles, road conditions, and any visible injuries. 
  6. Gather witness statements – If anyone saw the crash, ask for their contact information.

Taking these steps ensures you have the necessary information to complete your report and strengthens your position if you pursue an insurance claim or lawsuit later.

How Reporting Affects Insurance Claims

Florida is a no-fault insurance state. This means that after an accident, your own Personal Injury Protection (PIP) insurance generally covers your medical expenses regardless of who caused the crash. However, if your injuries are serious or your damages exceed certain thresholds, you may pursue a claim against the at-fault driver.

In either case, insurance companies require documentation. A police report or crash report is one of the first pieces of evidence they look at. Without it, your claim may be delayed, denied, or challenged by the other driver’s insurer.

For this reason, it is often wise to report an accident even if the law does not strictly require it. Having an official record removes doubt about when and where the crash happened.

Consequences of Failing to Report a Car Accident

Ignoring your reporting obligations can create serious problems. Some of the possible consequences include:

  • Traffic citations and fines – You may receive a ticket for failing to notify law enforcement when legally required. 
  • License suspension – Repeated violations or more serious accidents can result in your license being suspended. 
  • Insurance complications – Without an official report, your insurer may deny coverage. 
  • Weak legal position – If you pursue a personal injury claim, the absence of a report may be used against you.

Even if the accident seemed minor at the time, injuries sometimes appear days or weeks later. Reporting ensures you are not left without recourse when unexpected medical costs arise.

Special Considerations for Hit and Run Accidents

Miami has one of the highest rates of hit and run crashes in Florida. If you are the victim of a hit and run, reporting the accident is not only mandatory but also critical to protecting your rights. Call 911 immediately and provide as much information as possible about the fleeing vehicle. The police report will play a key role in any future claim, including a potential uninsured motorist claim under your own policy.

When to Speak with a Lawyer

Filing a report is only the first step in protecting your rights after a car accident. If you or a loved one were injured, consulting a personal injury lawyer can help you understand your options for compensation. An attorney can obtain and review the police report, deal with the insurance company, and build a case on your behalf.

Because Florida law imposes time limits on filing personal injury claims, speaking with a lawyer soon after the accident is important. The earlier you act, the stronger your case is likely to be.

Conclusion

Car accidents are disruptive and stressful, but knowing your legal obligations makes the process more manageable. In Miami, reporting a crash is not just a formality. It protects your rights, ensures compliance with Florida law, and strengthens your ability to recover damages if you are injured. Even when a report is not strictly required, it is often in your best interest to document the incident through law enforcement or the FLHSMV.

If you have been involved in a car accident in Miami and are unsure of your next steps, contacting a personal injury lawyer can provide clarity. With professional guidance, you can navigate the reporting process, protect your rights, and focus on recovery.