How to Dispute Fault in a Car Accident

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When you have been in a car accident in Florida, Florida’s comparative fault statute ยง768.81 is the general rule that will determine your settlement. To get there, though, you will likely go through a dispute with other drivers, witnesses, and insurance companies.

The very thought can be overwhelming after a car accident. Disputing fault can be challenging, even with the most precise laws. Here’s where we start.

Document Everything

It is human nature during the aftermath of an accident to forget something. Adrenaline is coursing through your body, and you are not going to be thinking clearly. That’s not your fault. While you are there, take as many photos and notes as you can.

Be sure that you get the other driver’s personal information and insurance information. Collect the data from any passengers and witnesses when and where you can.

After the accident, continue to document everything. Keep track of every Band-Aid, every phone call, and take notes of any emotional distress you suffer.

Everything that you document will help to tell the story of your accident.

Have a Police Report

A police report will add another element to your story. There may be charges or tickets filed at the time of the accident.

The report will also detail who said what to the police after the accident.

Be Careful What You Say

Be very limited in what you say to insurance companies, witnesses, passengers, and other drivers about the accident. It could be used against you.

The more data you have from credible sources, the easier it will be to dispute fault after a car accident.

A lawyer can help you to collect that data and build your case for your claim.

Contact a Florida Car Accident Attorney Today

When you have been in a car accident, it may feel like the world is against you. You likely feel like you are owed justice for this crisis in your life. The law says that you are. Disputing fault will be the most difficult challenge here. It happens in every case because no driver wants a hefty lawsuit or claim to follow them for the rest of their life.

At Stevenson Klotz Injury Lawyers, our Florida car accident attorneys have been helping victims navigate these crises for years. We help them to win. We want to help you too. Call (850) 706-4434 for a free consultation of your case.


My car was rear-ended. Does that mean the other driver is automatically going to have to pay?

The other driver being at fault is possible and likely in most cases. It is also possible you will still be found somewhat at fault. Consulting with an attorney will help to answer these questions.

Do I have to file a police report?

It’s recommended. It’s normal to want to have to avoid this step, especially if the accident isn’t terrible. You are required to file one if there is injury, death, property damage over $500, drinking and driving, or a hit-and-run.

My husband was killed, and I am pretty sure the other driver is at fault. Is a lawsuit the best course of action?

We are so sorry for your loss. Yes, a wrongful death lawsuit is likely the best course of action. Give us a call, and we will be happy to give you a more thorough answer at no cost to you.




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