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Who Determines Fault in a Car Accident in Florida?

Determining who is to blame after an auto accident is important for legal and insurance reasons. Understanding the process for determining fault is crucial for drivers in Florida, known for its busy highways and heavy traffic.

Insurance Companies’ Role in Determining Liability

While Florida’s no-fault insurance system addresses the immediate financial burdens associated with a car crash, such as lost wages and medical expenses, the insurance companies’ role in determining fault remains critical, particularly in more serious cases. This can significantly impact the recovery process, affecting both the potential for additional compensation and the insurance premiums for the parties involved.

Insurance Companies Determining Fault

Insurance companies begin an investigation after receiving notification of an accident. They collect various types of evidence, including police reports, witness statements, photographs of the accident site, video footage, and other available materials. They may also assess the damage done to the vehicles and consider the laws governing the road where the accident happened. In some cases, adjusters will reconstruct the accident to fully understand its dynamics.

The insurance companies then assign fault to each party based on the evidence collected. Florida uses a comparative negligence system, meaning if both drivers are found at fault, their degree of responsibility can be split between them. For example, one driver may be found 70% responsible for an accident while the other 30%. This divide affects how much compensation each party is entitled to for damages not covered by PIP.

Communication with Your Insurance Company

Drivers need to report an accident to their insurer as soon as possible, giving a full account of what happened and cooperating in the investigation. It’s also advisable to consult a lawyer before making any statements that could be construed as an admission of fault or reduce the amount of compensation. Legal counsel can help you navigate the complexities of insurance claims and protect your rights.

The Impact of Fault Identification

In the aftermath of an incident, insurance companies’ determination of fault is crucial. This can result in increased insurance rates and liability for damages exceeding the PIP coverage. Establishing the other driver’s responsibility is crucial for the non-fault side to pursue compensation for damages or injuries not covered by the no-fault policy.

Conclusion

Florida’s no-fault insurance system simplifies some aspects of accident recovery. However, the role of insurance companies in determining the cause of the accident highlights the complexity of following post-accident procedures. This role is crucial for drivers who want to protect their rights and receive fair compensation after a car crash.

This post was written by a professional at Kevin L. Sullivan II. Attorney Kevin L. Sullivan II is your personal injury attorney Ruskin FL, and the best personal injury attorney near you for LeavenLaw. Kevin is proud to serve Florida accident victims that have been injured in auto accidents, motorcycle accident, slip and falls or have suffered any other type of injury caused by negligence. Kevin offers a FREE no-obligation consultation to discuss your claim. There are NO upfront fees or costs and if he does not collect for you, you do not owe him anything.