Got in a Car Accident During Your Fort Myers Vacation? Here's Your Next Steps
If you get into a car accident during your Fort Myers vacation, you're unfortunately not alone. With nearly 138 million visitors to Florida in 2022, the Sunshine State's roads see their fair share of tourist-involved collisions. In fact, Florida reported almost 392,000 car accidents in 2022, resulting in nearly 3,500 deaths and 250,000 injuries. Lee County alone experienced 15,282 crashes that same year.
What makes this situation particularly challenging is that Florida operates under a no-fault insurance system, meaning regardless of who caused the accident, each person's insurance company is responsible for covering their own medical expenses and lost wages. Additionally, navigating unfamiliar roads as an out-of-state driver can quickly turn a dream vacation into a legal nightmare. However, knowing the proper steps to take immediately after an accident can make a significant difference in protecting your rights and ensuring a smoother claims process.
This guide walks you through exactly what to do if you get into a car accident while visiting Fort Myers, from immediate post-accident steps to understanding Florida's unique insurance requirements and when to seek legal assistance.
What to Do Immediately After the Accident
The moments right after a car accident can feel chaotic. Your immediate actions, nonetheless, can significantly impact your safety, legal standing, and insurance claims. Here's what to do if your Fort Myers vacation takes an unexpected turn.
Check for injuries and call 911
Immediately following an accident, assess yourself and your passengers for injuries. Even if you feel fine, remember that adrenaline can mask pain and serious injuries like whiplash might not show symptoms right away. Check on others involved if you can safely do so.
Call 911 without hesitation if:
Anyone is injured, even if injuries seem minor
Property damage exceeds $500
The accident involves a hit and run, DUI, commercial vehicle, or requires a wrecker
The other driver appears intoxicated
Vehicles are blocking traffic and creating hazards
In Florida, the law requires an official crash report for accidents involving injuries or significant property damage. Furthermore, seeking immediate medical attention creates essential documentation linking your injuries to the accident.
Move to a safe location if possible
Once you've assessed injuries and called 911, determine whether moving your vehicle is appropriate. If your car is drivable and no one is seriously injured, Florida law encourages moving vehicles out of traffic to prevent secondary accidents.
Turn on your hazard lights and use flares if available to alert other drivers. This precaution helps preserve everyone's safety while maintaining the accident scene for documentation purposes.
Generally, you should keep vehicles in place until authorities arrive if:
Someone is seriously injured
There's significant vehicle damage
Fault is disputed or unclear
You suspect the other driver is impaired
Why a police report is essential
A police report serves as an unbiased account of what happened and becomes crucial evidence for any insurance claims. The responding officer will document important details including:
Accident location and time
Driver information and statements
Witness accounts
Road conditions
Preliminary assessment of fault
This official documentation strengthens your position with insurance companies, especially since many insurers require a police report to process claims. Moreover, the report can prevent "he said, she said" disputes that often arise after accidents.
To obtain a copy of your accident report in Fort Myers, visit the Police Department in person (Monday-Friday, 8am-4:30pm) or check CrashDocs online. Note that accident reports are only available to involved parties (or their insurance/legal representatives) for the first 60 days after the incident.
Gathering Evidence and Information at the Scene
Collecting evidence at the accident scene provides crucial protection for your insurance claim and potential legal case. Once safety is established and authorities are contacted, gathering documentation becomes your next priority.
Take photos of vehicles and surroundings
Initially, take comprehensive photographs of the accident scene from multiple angles. Photos serve as objective evidence that can protect your rights throughout the claims process. Capture:
All vehicle damage (your car and others involved) from various distances and angles
License plates of all vehicles
Interior damage including deployed airbags
The entire accident scene showing vehicle positions
Any debris, broken glass, or skid marks on the road
Remember that something seemingly unimportant might later become critical evidence. Take as many photos as possible—you can delete extras later, but you can't return to capture missing details.
Exchange insurance and contact details
Subsequently, exchange complete information with all drivers involved. Collect:
Full names and contact information (phone numbers, addresses)
Driver's license numbers
Insurance company names and policy numbers
Vehicle registration details
License plate numbers and vehicle descriptions
Taking photos of these documents rather than writing them down can save time and reduce errors.
Talk to witnesses and get their info
Equally important is identifying anyone who witnessed the accident. Bystanders, other drivers, or nearby residents may provide valuable independent perspectives that help establish what happened.
Ask witnesses for their names, phone numbers, and addresses. If they consent, record or write down their immediate observations about what they saw before, during, and after the accident. Their unbiased testimony could prove invaluable, especially if fault is disputed.
Document road conditions and traffic signs
Finally, photograph any factors that might have contributed to the accident. This includes traffic signals, speed limit signs, yield signs, or missing/damaged signage. Also document weather conditions, road hazards, construction areas, or poor visibility factors that may have played a role.
These details might seem minor initially but could become central to your case, particularly if defective or obscured traffic signs contributed to the accident.
Understanding Florida Laws and Insurance Rules
Florida has a unique insurance and legal framework that directly affects what happens after your accident. Understanding these rules is crucial for protecting your rights, even as a visitor.
Florida's no-fault insurance system explained
Unlike many states, Florida operates under a no-fault insurance system. This means after a crash, your own Personal Injury Protection (PIP) insurance pays for your medical expenses and some lost wages, regardless of who caused the accident. PIP coverage in Florida is mandatory and provides:
80% of medical expenses up to $10,000
60% of lost wages up to the policy limit
$5,000 in death benefits
To receive full PIP benefits, you must seek medical treatment within 14 days of the accident. Furthermore, you'll only receive the entire $10,000 if a healthcare provider determines you suffered an "emergency medical condition" from the crash.
What happens if you get into a car accident without insurance
Driving uninsured in Florida carries serious consequences. If caught, you face:
License and registration suspension for up to three years
Reinstatement fees ($150 for first offense, $500 for subsequent violations)
Requirement to carry higher liability insurance with an SR-22 filing for three years
Although Florida is no-fault, uninsured drivers can still be sued for damages exceeding PIP limits. Additionally, Florida ranks among states with the highest percentage of uninsured motorists.
Rental car coverage and credit card insurance
For tourists in rental cars, insurance considerations become more complex. Rental companies in Florida must provide basic liability coverage meeting state minimums. Consequently, your options include:
Your personal auto insurance policy (typically extends to rental cars)
Rental company's collision damage waiver (CDW)
Credit card rental coverage (often secondary to your auto insurance)
Many credit cards offer rental car protection when you use them to pay for the rental. Therefore, check your card's benefits before purchasing additional coverage.
Out-of-state driver considerations
As an out-of-state visitor, your home insurance policy generally extends coverage to Florida. Nevertheless, jurisdictional issues may arise if legal action becomes necessary. Florida courts maintain jurisdiction over accidents occurring within the state through the "Long-Arm Statute".
If you get into a car accident do you have to report it?
According to Florida Statute 316.065, you must report any accident involving:
Injuries or fatalities
Property damage estimated at $500 or more
For reportable accidents, you must contact law enforcement immediately. If police investigate, you won't need to file a separate report. Otherwise, you must submit a written report within 10 days to the Florida Department of Highway Safety and Motor Vehicles.
When and Why to Contact a Local Fort Myers Attorney
After handling the immediate aftermath of your accident, deciding whether to seek legal representation becomes your next critical decision. Consulting with a Fort Myers attorney promptly might make a substantial difference in your case outcome.
Jurisdiction and venue for legal claims
Car accident claims typically must be filed where the incident occurred. For accidents in Fort Myers, the appropriate venue is usually the 20th Judicial Circuit Court, Civil Division. This matters because the location determines which laws apply to your case.
Indeed, even as an out-of-state visitor, your case falls under Florida's legal jurisdiction. Courts will establish both personal jurisdiction (over individuals involved) and subject matter jurisdiction (over the circumstances) to ensure the correct laws are applied.
How a local lawyer helps with insurance negotiations
Local Fort Myers attorneys offer valuable advantages through their familiarity with regional insurance practices. They will:
Help you access quality medical care
Assist in finding professionals to repair your vehicle
Schedule necessary appointments
Negotiate directly with insurance companies
Provide frequent case updates
Furthermore, insurance companies often try to minimize payouts, assuming visitors will accept lower offers rather than pursue complex claims from afar. A local attorney counters these tactics, fighting for fair compensation.
Remote legal help if you've returned home
Understandably, most tourists eventually return home after their vacation. Fortunately, many Fort Myers attorneys can manage your case remotely through:
Phone consultations
Video conferencing
Electronic document exchange
Local court appearances on your behalf
While you might need to return for specific proceedings like depositions or trial testimony, much of your case can be handled from a distance.
Time limits for filing a claim in Florida
Above all, be aware of Florida's strict filing deadlines. You have only two years from the accident date to file a personal injury lawsuit. Missing this statute of limitations deadline means permanently losing your right to compensation.
Additionally, Florida requires seeking medical treatment within 14 days of the accident to qualify for Personal Injury Protection benefits. Consulting an attorney promptly helps ensure all deadlines are met while evidence remains fresh.
Conclusion
Car accidents during your Fort Myers vacation can quickly transform an enjoyable trip into a stressful ordeal. Fortunately, following the right steps after a collision will protect your rights and simplify the claims process. Remember to prioritize safety first, call 911, and document everything thoroughly with photos and witness statements.
Florida's no-fault insurance system certainly complicates matters for out-of-state visitors. Your own PIP insurance covers initial medical expenses regardless of fault, but significant injuries might exceed these limits. Additionally, the state's two-year statute of limitations means you must act promptly after an accident.
Perhaps most importantly, consulting with a local Fort Myers attorney provides crucial advantages. These legal professionals understand local insurance practices, can negotiate effectively on your behalf, and help manage your case even after you've returned home. Their expertise proves especially valuable when dealing with insurance companies that might offer lower settlements to out-of-town visitors.
While a car accident might feel overwhelming, especially during vacation, taking methodical steps and seeking proper legal guidance will help you navigate this challenging situation. Armed with the knowledge from this guide, you now understand how to protect yourself legally and financially should your Fort Myers trip take an unexpected turn. Stay prepared, drive safely, and enjoy your Florida vacation knowing you're equipped to handle whatever the road brings your way.
Key Takeaways
If you're involved in a car accident during your Fort Myers vacation, these essential steps will protect your rights and ensure proper handling of your claim:
• Prioritize safety first: Check for injuries, call 911 immediately, and move vehicles to safety if possible while preserving the accident scene for documentation.
• Document everything thoroughly: Take comprehensive photos of all vehicles, damage, road conditions, and traffic signs while exchanging complete insurance and contact information with all parties involved.
• Understand Florida's no-fault system: Your own PIP insurance covers medical expenses regardless of fault, but you must seek treatment within 14 days to qualify for full benefits.
• Contact a local Fort Myers attorney promptly: Local legal expertise helps navigate insurance negotiations and ensures you meet Florida's strict two-year statute of limitations for filing claims.
• Act quickly on deadlines: Florida requires accident reporting for damages over $500 and has specific timeframes for medical treatment and legal action that can't be missed.
Remember that Florida's unique insurance laws and jurisdictional requirements make local legal guidance particularly valuable for out-of-state visitors dealing with accident claims.
FAQs
Q1. What should I do immediately after a car accident in Fort Myers? First, check for injuries and call 911. Move to a safe location if possible, and gather evidence by taking photos of the vehicles and surroundings. Exchange insurance and contact information with other drivers involved, and obtain witness statements if available.
Q2. How does Florida's no-fault insurance system work for tourists? Florida operates under a no-fault system, meaning your own Personal Injury Protection (PIP) insurance covers your medical expenses and some lost wages, regardless of who caused the accident. As a tourist, your home insurance policy generally extends coverage to Florida.
Q3. Is there a time limit for seeking medical treatment after a car accident in Florida? Yes, you must seek medical treatment within 14 days of the accident to receive full PIP benefits. This rule applies to both residents and visitors, so it's crucial to get medical attention promptly, even if injuries seem minor.
Q4. Do I need to report a car accident in Fort Myers? You must report any accident involving injuries, fatalities, or property damage estimated at $500 or more. If police investigate, they'll file a report. Otherwise, you need to submit a written report within 10 days to the Florida Department of Highway Safety and Motor Vehicles.
Q5. How long do I have to file a legal claim for a car accident in Florida? Florida has a strict two-year statute of limitations for filing personal injury lawsuits related to car accidents. This deadline applies from the date of the accident, so it's important to consult with a local attorney promptly to ensure you don't miss this crucial timeframe.
The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute an attorney-client relationship with Pittman Law Firm