If you’ve been involved in a car accident in Fort Myers and are concerned that your partial responsibility might affect your ability to recover damages, it’s essential to understand Florida‘s comparative negligence law and no–fault insurance law.
Working with a Fort Myers car accident lawyer can help you fight against fault accusations and help you maximize the compensation you can get from your no-fault insurance provider.
Understanding Fault in Florida Car Accidents
Fault determination involves analyzing multiple factors that contributed to the accident, including negligence. Negligence refers to conditions or actions that led to the accident, such as distracted driving, speeding, or failing to yield the right of way.
Some common negligence factors that may contribute to an accident include:
- Distracted driving, such as texting or talking on the phone while driving
- Reckless driving, including speeding, tailgating, or weaving in and out of lanes
- Failure to obey traffic laws, such as running red lights or stop signs
- Failure to maintain a safe vehicle, including tire blowouts or brake failures
- Weather-related factors, such as driving too fast in rain or snow
In determining fault, the actions of all parties involved in the accident are taken into account. For example, if another driver hits you at a stop sign because they were texting, they may be at fault. However, if you were speeding at the time of the accident, your actions may also be considered contributory negligence.
Florida’s No-Fault Insurance Law and Recovering Damages When You Share Fault
Florida operates under a dual system that includes no-fault insurance requirements and comparative negligence laws. These can sometimes confuse accident victims about whether they can recover damages when they are partially at fault for a Fort Myers car accident.
Understanding how these two systems work together is crucial to maximizing your compensation after a car accident where you share some of the fault.
How Florida’s No-Fault Insurance System Works
Florida’s no-fault insurance law requires all drivers to carry Personal Injury Protection (PIP) insurance. Under this system:
- After an accident, each driver’s own PIP insurance covers their medical expenses and lost wages up to the policy limits (typically $10,000), regardless of who caused the accident.
- PIP coverage pays for 80% of necessary medical expenses and 60% of lost wages, up to your policy limits.
- This coverage applies immediately following an accident without having to determine fault.
- PIP does not cover property damage or pain and suffering.
When You Can Step Outside the No-Fault System
While the no-fault system handles minor injuries efficiently, it does have limitations. You can step outside the no-fault system and pursue a liability claim against the at-fault driver if you’ve suffered a “serious injury” as defined by Florida law. This includes:
- Significant and permanent loss of an important bodily function
- Permanent injury within a reasonable degree of medical probability
- Significant and permanent scarring or disfigurement
- Death
How No-Fault Insurance Interacts with Comparative Negligence
When your injuries meet the serious injury threshold and you pursue a claim against the at-fault driver, Florida’s comparative negligence rules come into play:
- Initial Recovery Through PIP: Your immediate medical expenses and lost wages (up to the limits) are covered by your own PIP insurance regardless of fault.
- Additional Damages Beyond PIP: For damages beyond what PIP covers, or for damages not covered by PIP (such as pain and suffering), you can pursue a claim against the at-fault driver if you meet the serious injury threshold.
- Application of Comparative Negligence: In this liability claim, your compensation will be reduced by your percentage of fault, as explained in Florida’s comparative negligence law.
For example, if you sustained $50,000 in damages:
- The first $10,000 might be covered by your PIP insurance
- For the remaining $40,000, if you were found to be 30% at fault, you could recover $28,000 (70% of $40,000) from the other driver’s insurance.
Navigating Both Systems Effectively
To maximize your recovery when you’re partially at fault in a Florida car accident:
- File your PIP claim promptly to receive the immediate benefits you’re entitled to under your own policy.
- Document all medical treatment thoroughly to establish whether your injuries meet the serious injury threshold.
- Gather strong evidence regarding the accident to minimize your percentage of fault in any liability claim.
- Understand that property damage claims are not subject to the no-fault system and are handled through a liability claim where comparative negligence applies.
The interaction between Florida’s no-fault insurance system and comparative negligence law creates a complex framework for accident victims. Working with an experienced Fort Myers car accident attorney is particularly valuable in these cases.
See if You Can Recover Damages if You’re Partially At Fault in a Fort Myers Car Accident
Even if you’re partially at fault in a Fort Myers car accident, you can still recover damages under Florida’s comparative negligence law and no-fault insurance. However, your compensation may be reduced by your fault percentage.
It’s essential to accurately assess your fault and gather strong evidence to support your claim. We can help you gather evidence and build a strong case to secure the compensation you are entitled to.
Our experienced attorneys will work with you to ensure that your rights are protected and your interests are represented. Contact Anidjar & Levine for a free consultation to discuss your case.
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