The general public can access any documents filed within the court system or to a government agency. Most lawsuits are considered public records, and any individual can typically review all of the documents filed in the suit. Reports submitted to government offices in Florida are generally matters of public record. The same applies to an auto accident report.
When is an Accident Report Filed?
Florida traffic laws dictate that motorists are required to stop if they are involved in a traffic accident. All parties are also required to exchange personal and insurance information with the other drivers. If a fatality, personal injury, or property damage greater than $500 occurs, the drivers must report the incident to the state.
The most expedient method of reporting a car accident is to call 911. The operator will send necessary law enforcement officers and emergency medical services to the site. When the officers arrive on the scene, they will investigate the accident and prepare a written accident report.
The report is made available to specific parties for the first 60 days after an accident. After that initial period, the car accident report becomes a matter of public record according to the Florida Statutes.
Who Has Access in the First 60 Days?
For the first two months after an automobile accident, only a few parties are given authority to access the accident record.
- The motorists and passengers involved in the car accident
- Those who legally represent anyone involved in the accident or prosecuting attorneys
- Insurance companies who provide coverage for the cars or drivers involved in the car accident
- County law enforcement officials
- The Florida Department of Transportation
- Newspapers (for the purposes of legal notices)
- Television and radio stations
- A new insurance company that received an application for insurance from one of the victims
Limiting the information from the accident report is meant to protect victims as they recover from the accident and keep predatory parties away while they are vulnerable.
What Information is in the Accident Report?
Accident reports include information that could be helpful to an accident victim’s insurance or work claims, including:
- Verification of the location, time, and date of the accident
- Verification of weather and road conditions at the time of the accident
- Names and contact information for each driver and passenger involved in the accident
- Description of the damage to each involved vehicle
- Official statements made to the law enforcement officer by both parties and eyewitnesses
- A simple drawing of the accident scene by the police officer
- Verification of any tickets issued
- Determination of fault as per the police officer
How Do You Get Your Report?
The Florida Department of Highway Safety and Motor Vehicles (FLHSMV)maintains copies of all accident reports in Florida. The easiest way to obtain a copy of your car accident report is to look it up online. However, you may also ask for a copy of your accident report by mail. Required forms and fees should be sent to the Florida Department of Highway Safety and Motor Vehicles, ATTN: Crash Records, 2900 Apalachee Parkway, MS28, Tallahassee, FL 32399.
If you decide to seek the assistance of a personal injury attorney who specializes in car accidents, they can also obtain a copy of the accident report for you. Once you read through the report, let your lawyer know immediately if you notice any errors. Errors regarding the facts can be fixed, but opinions of fault or distribution of traffic violations are unlikely to be altered.
If you have been in an auto accident in Sarasota, Tampa, or Orlando, call the law offices of Probinsky & Cole today. We will help you to collect all necessary records and documents, and to prepare for a successful case.
