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How Is Fault Determined in Florida Car Accidents?

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What is a No-Fault State?

When it comes to car insurance and car accidents, Florida is a no-fault state. No-fault means that if you are injured in a car accident, you file a claim with your own insurance company. Both drivers do this regardless of who is at fault. No-fault laws are put into practice to ensure that medical costs are covered for either party.
Every Florida driver is required to have personal injury protection (PIP) as part of their insurance policies. This policy pays for medical expenses and a partial loss of income regardless of who is at fault. In most car accidents, PIP is a driver’s first line of financial recovery after a car crash.
PIP coverage offers the following:

  •  60% of any loss of income or earning capacity
  •  80% of all reasonable medical expenses
  •  $5,000 per individual for death benefits

If you need compensation beyond what PIP covers, you must prove that you suffered significant or permanent bodily injuries. You can then sue for additional coverage under the other driver’s insurance policy.
Pursuing compensation after a car accident in a no-fault state can be complex. If you need assistance with a car accident claim, contact our law firm by calling 407-573-7483.

How Do Insurance Companies Determine Fault?

Even in no-fault states like Florida, fault still has to be determined for car accidents. In any accident with property damage or permanent injury, additional compensation can be awarded. In that case, the negligent party must be established.
Insurance adjusters are typically the ones who establish fault in a car accident case. Using driver accounts, police reports, and witness testimonies, the insurance company will make a decision about who is at fault and to what degree.
In Florida, when more than one party is found to be at fault, each driver is held liable for their share of the losses from the crash in the form of a percentage. For instance, a driver could be assigned 20% liability for a car accident. If they recover compensation for their damages, they would only be able to receive 80% of their total losses.
Determining who is at fault in an accident is critical when seeking compensation for injuries in a car accident. Insurance companies are likely not looking out for your best interests, as their main goal is to save money. Having a personal injury attorney on your side increases your chances of receiving the compensation you deserve.

What Kind of Damages Can I Seek?

When you are injured in a car crash, you will likely start accruing expenses immediately. Generally, any expenses you accrue as a direct result of the accident are damages you can seek in your claim. You must prove that these damages are directly related to your accident, and you must prove that the accident was caused by the other party’s negligence.
You can often seek damages like the following:

  • Medical bills, both current and future
  •  Property damage repairs
  •  Lost wages
  •  Lost earning potential
  •  Pain and suffering
  •  Emotional distress

If your loved one died from their injuries in a car crash, surviving family members may be able to file a wrongful death claim. Wrongful death claims provide monetary payment to spouses and children of the deceased to pay for funeral expenses and loss of companionship. To see if you are eligible for a wrongful death claim, contact our law firm today.

Should I Contact a Personal Injury Attorney?

Getting into a car accident is a stressful experience that can leave you with many bills to pay. Medical expenses, property damage repair, and lost wages from taking time off work can leave you in debt for an accident that wasn’t totally your fault. Insurance agencies may try to deny your claim in favor of making a profit, preventing you from receiving the compensation you deserve.
At The Law Office of Jerry Jenkins, P.A., we have years of experience representing clients who have been injured in accidents. We will help you negotiate with insurance agents and pursue your claim to get the payment you need. For a free consultation, contact our law firm today by calling 407-573-7483.

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