Pretty much by the time you hit kindergarten, you’ve figured out life isn’t always easy. Yep, it’s a tough lesson to learn before your 6th birthday but it does get you a little better prepared for the rest of your life. You’re going to run into challenges, even when you’re just trying to file an accident claim.
Palm Bay reported 2,846 traffic accidents in 2023, which probably doesn’t seem like a ton. However, keep in mind this statistic only covers a small area. In other words, there’s a chance you’re going to be involved in an accident and Florida has a few insurance rules that can complicate the process.
Who’s Responsible For Your Vehicle Accident?
You’d think this would be pretty cut and dry, and it is in Florida. The reason is also simple, thanks to one of the Sunshine State’s insurance laws. Like about 12 or so other states, Florida follows no-fault insurance guidelines. Yep, you read that right. Florida is a no-fault state. Since no one is ever responsible for causing an accident it seems like filing a claim would be pretty simple. Unfortunately, this is rarely the case.
No-fault insurance doesn’t mean there’s not a responsible party. The rule only means everyone involved in the accident automatically files a claim with their insurance provider. This includes your medical expenses, property damage costs, and even lost wages.
All drivers with vehicles registered in Florida must carry the state’s minimum liability and personal injury protection (PIP) insurance. From there, your insurance provider reviews your claim. If approved, your PIP insurance should cover either 80% of your medical costs and lost wages or up to the policy’s cap, whichever comes first.
If you’re only carrying liability insurance, your property damage isn’t covered, at least not yet. However, if you have full auto coverage, your property damage is usually covered up to the policy’s cap.
Figuring Out Liability in Florida Car Accidents
Your insurance has covered your damages up to your policy’s cap. So far so good, the legal process seems to be moving along. Unfortunately, this is also when it tends to come to a stop. Don’t worry, eventually, you should be able to move forward with a personal injury claim for your remaining damages. There’s just a pretty significant detail you need to figure out. Who’s liable for your remaining damages?
Just when you get used to the idea of no-fault insurance, things switchback. Florida is also a modified comparative negligence state and this is when things can get really interesting. So, you need to prove negligence before filing a claim for your remaining damages. However, Florida allows more than one individual or entity to be liable for causing the same accident.
Here’s an example of comparative negligence. You’re trying to sneak an illegal turn but are hit by a speeding driver who just ran a red light. Since both drivers are violating traffic laws, everyone is liable for the collision. Now, we get to the modified part of shared negligence. You’re assigned a percentage of blame for the accident. As long as you’re not more than 50% responsible for causing the vehicle wreck, you can move forward with your personal injury claim. However, your potential settlement is going to be reduced by your percentage of fault.
So, if your settlement is for $150,000 you’re assigned 25% of the blame. You receive a check for $125,000. Who assigns blame in an accident? Usually, the responding authorities and insurance adjusters handle assigning blame.
Ensuring You’re Not Unfairly Assigned Fault For the Accident
You figured out pretty early in life that things aren’t always fair but this doesn’t have to apply to your car accident. You can take a few steps to help ensure you’re not unfairly assessed more fault than your actions deserve.
Watch What You Say
If you’ve ever watched legal dramas you’ve probably heard the phrase anything you say can be used against you. Guess what, this definitely applies after a traffic accident. Whether you’re answering questions from the authorities or talking to witnesses be careful what you say.
The insurance adjusters are going to read your accident report and interview the same witnesses. Anything you say can be used to try and reduce the value of your claim.
Partner with an Experienced Florida Personal Injury Attorney
The best way of ensuring you’re not unfairly assigned blame is by working with a personal injury attorney. Your lawyer has access to resources that can help determine fault in a car accident. If you’re unfairly assigned blame, your attorney is ready to file an appeal to help ensure your potential compensation isn’t unnecessarily reduced.
