Having a car accident in a no-fault state means that you have to deal with your own insurance company for the problem at first. It does not mean that you will not be able to collect compensation. The term “no-fault” refers to the insurance end of things only.
That said, that does not mean that collecting compensation for damages is always easy. In the United States, car crashes cost the country over $1 trillion in damages. When you have been in a car accident, the no-fault clause should not prevent you from seeking compensation.
We can help you to fight for compensation for your losses.
What No-Fault Means in Florida
No-fault is an insurance term, and for you, it might help you to pay for medical bills, lost wages, or even funeral expenses earlier than you might in another state. Every driver is required to have no-fault car insurance in Florida, which will cover you for a certain amount of personal injury protection.
After your car accident, you will call your insurance company to report the accident and begin the claims process. The insurance company will ask you about the details here but will not require fault to be proven to pay for your claims. That is what no-fault means.
Here, your insurance company will cover some of your economic costs, and you won’t have to worry about proving blame to them, meaning your medical, lost wages, and any potential death benefits will be paid for by your insurance company.
Your insurance may be capped at a certain amount, and you may be owed more compensation for losses incurred during your accident. At this point, fault comes in as you start thinking of lawsuits and pursuing action from the other driver.
Florida’s Comparative Fault Rule
As you are dealing with your insurance company, you are going to feel overwhelmed. How do you get the compensation you deserve?
You call a lawyer. Under Florida statute §768.81, you are entitled to economic damages such as medical costs, “past lost income and future lost income reduced to present value,” and lost support and services.
Under this rule, during your lawsuit, “the court shall enter judgment against each party liable based on such party’s percentage of fault and not based on the doctrine of joint and several liability.”
Florida is a modified comparative negligence state. The percentage of fault assigned to you must not be 51% or more or else it will bar you from financial recovery.
Schedule a Free Consultation
When you have been in a car accident, it is human for other drivers and witnesses to attempt to make you feel like it is your fault. That doesn’t make it right. At Stevenson Klotz Injury Lawyers, we have Florida car accident attorneys that know how to get you the compensation you deserve, even with no-fault insurance. Call us today at (850) 706-4434 for a free consultation. We’ll fight for you to get your life back.
How do I prove fault in a no-fault state?
You don’t have to prove fault to an insurance company. You’ll have to show it in court or with your lawsuit against another party. Use any documentation from the scene of the accident, along with police reports, medical bills and notes, and evidence of lost wages and lost work, to show what damages you have suffered. A pain journal or journal of your suffering is also helpful in showing fault and is very common during these tragedies.
What damages can I get from a car accident?
You can expect to recover compensation for the losses you incurred. That includes medical, lost wages, future lost wages, and pain and suffering. Mental anguish, loss of consortium (companionship), and wrongful death are other potential damages. Let us know what happened, and we’ll be able to give you a more thorough answer.
What does a lawyer do for me in a car accident case?
Lawyers are there to represent you as a victim of a car accident and to fight for your rights. In these situations, so many people want to say you were wrong. Sometimes they hope you don’t know what your rights and worth after a car accident are. We don’t let that happen when we represent you.