How to Determine Liability in a Car Accident in Florida

Determining liability is important in any car accident. By assigning fault to one or multiple drivers, insurance companies can compensate the other driver for vehicle repairs/replacements, medical bills, and any other damages from the incident.

However, in some states, the entire process is a little different. Florida abides by the state’s “no-fault” laws when deciding who is financially responsible for certain aspects of the accident.

How Is Liability Proven in Florida Car Accidents?

A “no-fault” state means that after a car accident, your insurance pays for vehicle damages, medical bills, and other financial losses of anyone covered under the policy, no matter who is at fault for the accident.

This means that all drivers must carry at least personal injury protection (PIP) for you and certain others, and Property Damage Liability (PDL) for damage(s) to someone else’s vehicle. While this seems like this could simplify the compensation process, it could limit the payment you get for your damages.

Supporting Evidence for Liability in Your Car Accident Case

The involved parties are bound to the insurance limits of the other driver’s insurance. So even though their policy meets the state minimum requirement, it might cover all your damages.

So, if you want to get more compensation from the other driver, you will need to take them to court and prove they were at fault for the accident. To successfully do this, include as much evidence as possible in your case.

Police Reports

Any law enforcement dispatched to the scene will conduct an investigation to paint a picture of what happened. Their report will detail the actions of both drivers, including if either party broke any laws, and say if anyone was at fault.

Photos and Videos of the Scene

Take photos of your vehicle’s damage, any traffic signs that might have been missed, and anything else that supports your testimony. With today’s smartphones, you can take highly detailed photos capturing every detail of the scene.

Witness Statements

The police report will include the statements of any witnesses in the area. You can also get their information so your lawyer can contact them with questions. Being able to ask them questions about their version of events will help determine fault and see how much one driver might owe another.

Contact a Florida Traffic Lawyer for Help

Getting additional compensation above what the other driver’s policy provides can be tricky. Plus, the court process can be difficult, and you know that the insurance company will put up a fight. That is why you will want an experienced Florida traffic lawyer in your corner.

Attorney Brett Metcalf, Criminal Defense Attorney, P.A., has represented countless clients in similar situations. Contact him at 813-258-4800 or use the online form to schedule a free consultation.