According to the National Highway Traffic Safety Administration, Florida drivers were involved in nearly 395,000 accidents in 2023. For many of those drivers, insurance companies offered settlements that were fair enough to cover most if not all of their expenses. But for drivers who need to take legal action against the other driver involved, the process isn’t as straightforward. Before you can get the money you need, you need to establish fault. Here’s what your West Palm Beach car accident lawyers want you to know before you take action.
Florida Follows a No-Fault Rule
Florida is a no-fault state meaning all drivers are required to carry personal injury protection (PIP) insurance to cover the first $10,000 of any medical treatments needed for their injuries regardless of who caused the accident. If you’re in an accident, you’ll file a claim with your insurance provider and should receive a settlement that you can use to cover your medical bills. But that $10,000 coverage limit may not be enough to cover your treatment costs. In these instances, you may be able to sue the driver who caused the accident for damages if your insurance settlement isn’t large enough.
Insurance Providers Can Determine Fault
If it’s clear that both parties are at least partially responsible for the accident, the state follows a comparative negligence rule. This allows insurance companies to assess the accident and determine how much fault each driver has if they’re trying to pursue compensation from the other driver.
Your insurance provider may determine that the other driver is 90% responsible for the accident and that you’re 10% responsible for the same crash. The amount of fault assigned to each driver can impact the amount of money you’re eligible to receive.
The Court Can Get Involved
If the settlement from the insurance providers involved isn’t high enough, you may be able to take the other driver to court with help from your West Palm Beach car accident lawyer. To determine fault, your attorney will look at the following:
- Witness statements: After an accident, you should try to collect statements from witnesses who saw the accident. Get their contact information if you can so your attorney or your insurance provider can contact those witnesses for details.
- Police reports: Under Florida law, you’re required to contact the police about your car accident anytime it involves another individual or another individual’s property. They’ll file a report that details the events leading up to the accident, what happened at the scene, and the factors that contributed to the crash. This information can show the court who was responsible for the accident.
- Expert opinions: In some cases, your attorney may enlist the help of an accident reconstruction specialist to help identify what truly happened at the time of the accident. These experts can help determine fault, which your attorney can use to argue your case to the court.
This is far from an exhaustive list, but the more information you can give to your attorney, the easier it will be for them to accurately argue your case and show the court why the other driver is responsible for the accident.
Be Sure to Contact an Attorney as Soon as Possible
If you think the other driver bears more responsibility for your accident and you’re unable to get the money you need from your insurance provider, taking the other driver to court can be a good choice. But you’ll want to work with an experienced West Palm Beach car accident lawyer to ensure that you’re getting the best representation possible.
At Winegar Law, our dedicated attorneys understand the challenges drivers face when proving fault. We’ll review the evidence and help you show the court why the other driver bears more responsibility so you can get the settlement you deserve. Contact us today to schedule a free consultation.