Being involved in a car accident can be a frightening and stressful experience. Even more so if the accident was determined to be your fault.
Many drivers wonder if they can still pursue compensation for their injuries and vehicle damage, even if the accident was their fault.
The answer depends on several factors, including the laws in your state, the specifics of your auto insurance policy, and whether negligence was shared between drivers.
Fault and Negligence Laws in Florida Car Accidents
Florida follows a “comparative negligence” system when determining fault and compensation in car accidents. This means that damages are divided based on each driver’s percentage of fault. So even if an accident was partially your fault, you may still be able to recover compensation from the other at-fault driver.
For example, let’s say you were found 20% responsible for a collision while the other driver was 80% at fault. You would be able to potentially recover up to 80% of the damages from the other driver’s liability insurance. Your own car insurance policy would cover the remaining 20% of your losses.
However, you will be barred from recovery if you are found 50% or more at fault for the accident. This goes to show why it’s so important for victims to get personal injury lawyers involved early in the process to aid with investigations.
Filing an Injury Claim With Your Insurance Provider
After a car accident in Florida, the first step is to promptly report the crash to your insurance company. Provide as many details as possible, including the date, time, location, weather and road conditions, the speed you were traveling, direction, point of impact, injuries sustained, and any witnesses.
Cooperating fully with your insurer’s investigation is key. Be honest about your potential role in causing the accident. Your insurance adjuster will determine fault and negligence percentages between the drivers involved.
If the collision was deemed fully your fault, you can still make an injury claim through your own personal injury protection (PIP) coverage to pay for medical expenses and lost wages. PIP coverage is mandatory in Florida. This no-fault insurance will compensate you for losses, regardless of who was responsible for the accident.
Documenting Your Injuries and Vehicle Damage
To support an injury or property damage claim after an at-fault accident, you must properly document your losses. Be sure to:
- Get medical treatment and follow doctor’s orders
- Keep records of medical expenses, prescriptions, mileage to appointments, etc.
- Take photos of vehicle damage, skid marks, location, etc.
- Obtain a copy of the police report
- Gather witness statements and contact information
Thoroughly documenting the accident scene, your injuries, and all damages strengthens your claim and ability to recover maximum compensation.
Types of Damages You Can Claim in an At-Fault Accident
If an accident was partially your fault, the at-fault driver may still be responsible for compensating you for both economic and non-economic losses. This can include:
- Medical expenses – bills for hospitalization, surgery, rehabilitation, prescriptions, etc.
- Loss of income as a result of missed work while recovering
- Loss of future earnings if you cannot return to your job
- Cost of repairing or replacing your vehicle
- Property damage – compensation for damage to personal items
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Permanent disability or disfigurement
Consult a Personal injury Lawyer for Legal Guidance
The aftermath of any car accident can be challenging, especially when you may share fault. An experienced car accident lawyer can help protect your rights and provide tailored legal guidance for your situation.
Contact the legal team for a free consultation at Abogadas305 to have an attorney review your case details. They may determine the percentage of fault, file claims, negotiate with insurance companies, and seek a fair settlement for your injuries, vehicle damage, loss of income, or additional damages.
Don’t go through this alone. Contact Abogadas305 for dedicated legal representation after an at-fault accident in Florida.
