rear end accident

What to Do After a Rear End Accident in Florida: A Step-by-Step Legal Guide

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Rear-end accidents happen every day on Florida roads. If someone hits you from behind, it can seem like a minor thing at first. But what feels like a small bump can turn into a big problem—especially when injuries show up hours or days later, or when the insurance company doesn’t want to pay.

As Florida rear end accident lawyers, we see this all the time. People try to handle things on their own, then get stuck when the other driver denies fault or the insurance company lowballs the claim. That’s why knowing what to do right away matters.

Who Is at Fault in a Rear End Accident?

In most Florida rear-end accidents, the driver who hits the car in front is legally presumed to be at fault. That’s because drivers are expected to leave enough space to stop safely, even if the vehicle ahead brakes suddenly.

But that’s not always the end of the story.

Florida courts recognize that there are exceptions. For example:

  • If the front car stopped suddenly without a valid reason (not for traffic or safety),
  • If the front car had non-working brake lights, or
  • If the front car cut off the rear driver dangerously just before impact,

…then the rear driver might not be 100% responsible.

Proving this kind of exception isn’t easy, though. It usually requires evidence like:

  • Dashcam footage
  • Witness statements
  • Vehicle data records
  • Police reports

That’s why talking to a rear end accident lawyer early in the claims process can make a big difference. A lawyer can help investigate the scene, get the right experts involved, and push back when the other driver tries to shift blame.

Can You Sue Someone for Rear-Ending You?

Yes, you can. If you were injured or your property was damaged in a rear end accident, Florida law allows you to file a claim—and sometimes a lawsuit—against the at-fault driver.

However, Florida is a no-fault state, which means that your own insurance pays for your initial medical bills, regardless of who caused the crash. This is called Personal Injury Protection (PIP) coverage, and it’s required under Florida law.

But here’s the key:

If your injuries are serious, you may be able to step outside the no-fault system and sue the other driver for:

  • Medical bills beyond your PIP coverage
  • Lost wages
  • Pain and suffering
  • Long-term disability

To qualify, your injury must meet the state’s serious injury threshold, which includes:

  • Permanent injury
  • Significant scarring or disfigurement
  • Loss of an important body function

A lawyer can review your case and medical records to determine whether you meet this standard—and what your case could be worth.

5 Important Steps to Take After a Rear End Accident in Florida

  • Check for Injuries and Call 911

Your health comes first. Check yourself and your passengers for injuries. If anyone is hurt—or even thinks they might be hurt—call 911 right away.

Even if injuries seem minor, don’t assume everything is fine. Rear-end crashes often cause soft tissue injuries, like whiplash, that can take hours or days to show up.

Plus, Florida law requires you to report any crash that causes injury or more than $500 in damage. So when in doubt, report it.

  • Document the Scene

Before cars are moved (unless you’re told to move them for safety), take as many pictures as you can:

  • Damage to both vehicles
  • License plates
  • Road conditions
  • Skid marks (if any)
  • Traffic signs and signals nearby
  • Any visible injuries

Also, get the other driver’s name, contact information, insurance details, and license number. If there are witnesses, ask for their contact info too. Their statement could help support your version of events later.

  • Seek Immediate Medical Attention

Even if you didn’t go to the hospital at the scene, see a doctor within 14 days. That’s not just for your health—it’s also required under Florida’s PIP law. If you wait too long, your insurance may deny your medical coverage.

Go to urgent care, your primary care doctor, or another doctor who handles auto injury cases. Let them know you were in a car accident so they document your symptoms properly.

Injuries from a rear-end accident might include:

  • Whiplash
  • Back and neck strain
  • Concussions
  • Shoulder injuries
  • Spinal disc injuries
  • Report the Accident to Your Insurance Company

Notify your insurance company as soon as possible—within 24 hours, if possible. Even though the other driver may be at fault, your PIP insurance pays for your initial treatment and lost wages.

Be honest, but don’t speculate or admit fault. Just stick to the facts:

  • Where and when it happened
  • What vehicles were involved
  • Whether police came to the scene
  • Whether you’re injured

Let your rear end accident lawyer handle more detailed discussions with the insurance adjusters, especially if you’re unsure how to answer certain questions.

  • Contact a Florida Car Accident Lawyer

Rear-end accidents can lead to unexpected complications. The other driver may deny responsibility, or their insurance company might offer a low settlement—hoping you’ll take it and move on.

That’s where an experienced car accident rear end collision lawyer can make a big difference.

An attorney can:

  • Investigate the crash
  • Gather surveillance footage
  • Work with accident reconstruction experts
  • Review your medical records
  • Negotiate with insurers on your behalf
  • File a lawsuit if needed

Call the Experienced Rear End Accident Lawyer at RRBH Law Today

Rear-end accidents might seem simple, but they can lead to long-lasting injuries and expensive bills. If you were hit from behind in Florida, you don’t have to handle it alone.

At RRBH Law, we’ve represented hundreds of Floridians injured in rear-end collisions, and we know what it takes to get results. Whether your case involves a distracted driver, a rideshare vehicle, or a commercial truck, we’re ready to fight for the compensation you deserve.

Call us today at 305-800-4663 to schedule your free consultation with an experienced rear end accident lawyer. We’ll answer your questions, explain your rights, and give you honest advice about your next steps.