Florida law states that drivers involved in certain types of car accidents need to report a crash to law enforcement within 10 days of the incident.
When to Report a Car Accident
Florida Statute 316.066 mandates drivers to report certain accidents to law enforcement promptly, regardless of who is at fault. Reporting the collision is required when the crash results in 1) injuries to any person; 2) death; or 3) property damage of $500 or more.
Once the Crash Is Reported
Once the crash has been reported by the parties involved, law enforcement is then required to investigate and file the report within a certain period of time, depending on certain characteristics of the crash.
Long-Form Crash Report
According to the Florida Department of Highway Safety & Motor Vehicles (FLHSMV), a long-form crash report "must be completed and submitted to the department within 10 days after an investigation is completed by the law enforcement officer." A long-form report must be filed when a car accident involved any of the following:
A long-form report must then include the following informaiton:
Short-Form Crash Report
Simply put, a short-form crash report is required for any accident that doesn't require a long-form report. FLHSMV states that a police officer can "complete a short-form crash report or provide a driver exchange-of-information form to be completed by all drivers and passengers involved in the crash." This type of form needs to include:
Long-Form Crash Report
According to the Florida Department of Highway Safety & Motor Vehicles (FLHSMV), a long-form crash report "must be completed and submitted to the department within 10 days after an investigation is completed by the law enforcement officer." A long-form report must be filed when a car accident involved any of the following:
- Death of, personal injury to, or any indication of complaints of pain or discomfort by any of the parties or passengers involved in the crash
- Violation of sections 316.061(1) (leaving the scene of crash with an attended vehicle or property) or 316.193 (driving under the influence), Florida Statutes;
- Towing an inoperable vehicle from the scene of the crash
- A commercial motor vehicle
A long-form report must then include the following informaiton:
- Date, time, and location of the crash
- Description of the vehicles involved
- Names and addresses of the parties involved, including all drivers and passengers, and the identification of the vehicle in which each was a driver or a passenger
- Names and addresses of witnesses
- Name, badge number, and law enforcement agency of the officer investigating the crash.
- Names of the insurance companies for the respective parties involved in the crash.
Short-Form Crash Report
Simply put, a short-form crash report is required for any accident that doesn't require a long-form report. FLHSMV states that a police officer can "complete a short-form crash report or provide a driver exchange-of-information form to be completed by all drivers and passengers involved in the crash." This type of form needs to include:
- Date, time, and location of the crash
- Description of the vehicles involved
- Names and addresses of the parties involved, including all drivers and passengers, and the identification of the vehicle in which each was a driver or a passenger
- Names and addresses of witnesses
- Name, badge number, and law enforcement agency of the officer investigating the crash
- Names of the insurance companies for the respective parties involved in the crash
Why Is Reporting a Crash So Important?
A crash report provides an unbiased record of the incident. Reporting an accident promptly allows police to document the scene and record the details accurately, as the facts are still vivid in the memories of the parties involved. Delaying the report can result in discrepancies or inaccuracies in recounting the facts of the collision.
A police report can also serve as an aid to determine liability in cases of disputes over negligence. Police can gather statements from witnesses at the scene and identify if any of the drivers violated any traffic law or were at fault at the time of the crash. They can immediately test the motorists for drug or alcohol use.
Most insurance companies require a police report to process claims, especially if the accidents result in significant damage, injuries, or disputes about fault. An official crash report containing all the information about the incident can prevent delays or denials in insurance claims.
A police report can also serve as an aid to determine liability in cases of disputes over negligence. Police can gather statements from witnesses at the scene and identify if any of the drivers violated any traffic law or were at fault at the time of the crash. They can immediately test the motorists for drug or alcohol use.
Most insurance companies require a police report to process claims, especially if the accidents result in significant damage, injuries, or disputes about fault. An official crash report containing all the information about the incident can prevent delays or denials in insurance claims.
Confidentiality of Crash Reports
After being filed, reports are confidential for a period of 60 days. At this time, they are only accessible to specific parties, such as the parties involved in the traffic collision, their legal representatives, and law enforcement agencies.
The Florida statute lists exceptions to confidentiality, including several entities that can access crash reports within the 60-day period. These exceptions involve particular government agencies, victim services programs, and radio and television stations.
The Florida statute lists exceptions to confidentiality, including several entities that can access crash reports within the 60-day period. These exceptions involve particular government agencies, victim services programs, and radio and television stations.
Penalties in Florida
Breach of Confidentiality
Unauthorized disclosure or use of crash report information during the confidential period imposes penalties for the violators. Additionally, drivers who fail to report an accident can face financial sanctions and other legal consequences.
Not Reporting
If the motorist leaves the scene of the collision without reporting the incident to the police, it is considered a more serious offense. Hit-and-run crashes can result in extensive fines and criminal charges.
Unauthorized disclosure or use of crash report information during the confidential period imposes penalties for the violators. Additionally, drivers who fail to report an accident can face financial sanctions and other legal consequences.
Not Reporting
If the motorist leaves the scene of the collision without reporting the incident to the police, it is considered a more serious offense. Hit-and-run crashes can result in extensive fines and criminal charges.
What If the Police Fail to File Your Crash Report?
The law also outlines that if a driver reports the accident to law enforcement and an officer does not file a report, the motorist must complete and submit a Crash Report Form (Form HSMV 90011S) to the Florida Department of Highway Safety and Motor Vehicles (DHSMV). The report must be submitted within 10 days of the collision.
Meanwhile, if the driver reports the accident to law enforcement and an officer responds to the scene and files a report, the driver is not required to file a separate written report.
Meanwhile, if the driver reports the accident to law enforcement and an officer responds to the scene and files a report, the driver is not required to file a separate written report.
Should You Call An Attorney?
Yes. In fact, you should call an attorney before sending any written statements, before you talk to police, before you talk to your insurance, and before you do or say anything on record. He or she will make sure vital evidence is submitted correctly, especially if fault is yet to be determined.
A Jacksonville car accident attorney at Wilkes & Mee can help you immediately after an accident. We will help you find medical help if you're injured and automobile repair if needed. We'll help you with your accident report and then begin negotiating with the insurance company on your behalf.