Florida Car Accident Reporting Requirements

Being involved in a car accident can be jarring and disorienting. It can leave you unsure about your legal obligations during an already stressful situation. Whether you experienced a minor traffic accident or a more serious car collision, it is crucial to understand Florida's accident reporting requirements.

If you are dealing with the aftermath of a car accident and have questions about your legal obligations, contact a car accident attorney. They can help you navigate the reporting process in Florida and protect your rights.

This article outlines the basics of Florida car accident reports. Here, you will learn about reporting to law enforcement authorities, filing with the DMV, and addressing insurance company requirements.

When to Report an Accident to Law Enforcement

Florida Statute § 316.065(1) requires drivers to immediately report an accident to the local police department, county sheriff, or Florida Highway Patrol if it involves any of the following circumstances:

• Death or injury to any person
• A hit-and-run accident where a driver leaves the scene without providing information
• Accidents involving an intoxicated driver, or a DUI crash
• Property damage of $500 or more to vehicles or other property
• Commercial motor vehicle involvement
• A vehicle requiring a wrecker to remove it from the scene

The Florida Department of Highway Safety and Motor Vehicles (FLHSMV) emphasizes that drivers must remain at the scene and call 911 immediately when these conditions exist.

How to File a Car Crash Report in Florida

Florida Statutes and the FLHSMV have specific guidelines for documenting and reporting car accidents.

Law Enforcement Reporting Requirements

When law enforcement investigates a crash, they must complete and submit a crash report to the FLHSMV within ten days after completing their investigation. This applies to crashes that:

• Result in death, personal injury, or complaints of pain
• Involve violations like leaving the scene or DUI
• Render a vehicle inoperable, requiring a wrecker
• Involve a commercial motor vehicle

These reports, known as "long form" crash reports, contain comprehensive information about the accident.

When Self-Reporting is Appropriate

Maybe your accident does not meet the law enforcement response criteria. In that case, you have the option to self-report the crash.

The FLHSMV provides a self-reporting option for minor accidents that only result in property damage. This is only appropriate for accidents without injuries that do not require immediate law enforcement reporting (such as hit-and-run, DUI, injury, or significant property damage).

Self-Reporting Process

For accidents that don't meet the criteria requiring immediate law enforcement response, drivers can self-report the crash through one of two methods:

Reporting Online

You can download the Driver Report of a Traffic Crash form available on the Florida Highway Safety and Motor Vehicles website.

Fill out all applicable fields, sign the form, and write the present date. After you complete the form, you can email it to SelfReportCrashes@flhsmv.gov

Reporting through Mail

You can also file a report by mail. Download the similar form 90011S cited above and complete all the fields applicable. After you have completed the form, mail a copy of it to:

Florida Department of Highway Safety and Motor Vehicles

Crash Records

2900 Apalachee Parkway, MS 28

Tallahassee, FL 32399

For insurance claim purposes, the FLHSMV recommends that you keep a copy of the crash report you submitted.

Information Required for Crash Reports

Florida crash reports must contain the following information, whether filed by law enforcement or self-reported:

• Date, time of the crash, and location of the accident
• Names, addresses, and contact information of all the drivers, passengers, and witnesses to the scene of the accident
• Vehicle information, including license plate number, make, model, year, and color
• Insurance information for all parties involved
• The name, badge number, and law enforcement agency of the investigating officer.

Exceptions to Reporting Requirements

Some exceptions to these reporting requirements exist:

Police Report Exception

If a Florida police officer filed the report on your accident, you do not have to file a separate crash report.

However, if a law enforcement officer does not file the report, you should submit a written report of the crash to the FLHSMV within 10 days after the accident.

Physical Incapacity

Florida Statutes § 316.064 exempts drivers who are physically unable to report an accident for the duration of their incapacity.

If there was another passenger in the vehicle, that passenger should make the report. If the incapacitated driver is not the vehicle owner, then the vehicle owner must file a report.

Special Reporting Requirements for Garage Owners

Florida law imposes unique reporting obligations on automotive repair businesses. Florida Statute § 316.065(3) requires any person in charge of a garage or repair shop to file a report if there is evidence that a bullet hit the vehicle.

Repair shop owners should make the report at the nearest local police station or Florida Highway Patrol office before making any repairs to the vehicle and within 24 hours of receiving the vehicle.

The report must include:

• Year, license number, make, model, and color of the vehicle
• Name and address of the owner or person in possession of the vehicle

Failure to comply with this requirement is a first-degree misdemeanor, punishable by up to a $1,000 fine.

Penalties for Failure to Report

Florida Statute § 316.065 establishes penalties for failing to meet accident reporting requirements:

Failure to Immediately Report a Crash

Drivers who fail to report to law enforcement promptly after a crash involving injury, death, or property damage of at least $500 face a noncriminal traffic infraction.

This is treated as a nonmoving violation, subject to a $30 fine, but is not considered a criminal offense.

Garage Owner Violations

Repair shop owners or mechanics who repair vehicles with bullet damage without reporting it face more serious consequences. Florida statute classifies this offense as a first-degree misdemeanor. It can result in jail time for up to one year and a $1,000 fine.

The law protects vehicle owners and drivers who properly report their crashes to authorities. When you follow the proper reporting procedures, you cannot be held liable under the penalty provisions of this section.

Frequently Asked Questions About Florida Crash Reports

The following are some of the most frequently asked questions (FAQs) related to car accident reporting in Florida.

What Is the Difference Between Long Form and Short Form Crash Reports?

The state of Florida uses two different crash report forms, depending on the severity of the motor vehicle accident.

The long form is for accidents involving serious injuries, death, leaving the scene violations, DUI, vehicles requiring towing, or commercial vehicles.

Meanwhile, the short form is for less severe car accidents where none of those conditions apply.

Are Crash Reports Confidential in Florida?

Yes, but not forever. Crash reports remain confidential for 60 days. Within this 60-day period, only certain entities identified under the Florida Statutes can access them.

However, after 60 days, the crash report becomes a public record. Anyone who requests a copy can obtain one.

Should I Submit a Crash Report if a Train Is Involved in an Accident?

The Florida Traffic Crash Report only applies when a train accident also involves another motor vehicle. As defined by Florida Statutes, motor vehicles do not include self-propelled vehicles such as bicycles, motorized scooters, electric personal assistive mobility devices, swamp buggies, or mopeds.

How Can I Obtain a Copy of My Crash Report?

You can ask for a copy of your crash report through the FloridaCrashPortal.gov website. Within 60 days of the accident, you will have to provide identifying information and confirm if any exemption allows you to access the report.

There is often a fee to access the report within the 60-day confidential period. After this period, anyone can access the report as a public record.

Seek Legal Advice from a Motor Vehicle Accident Attorney

Understanding and following the requirements for auto accident reports is crucial to avoid penalties and fines. You also might find yourself stuck paying for medical bills and repairs from an accident that wasn't your fault.

If you have questions or concerns related to a car accident claim, contact a Florida car accident lawyer. They can help you navigate the reporting process in Florida and determine whether you can recover compensation for the damage.