Under Florida’s current comparative negligence law, your Miami car accident claim will be reduced by your percentage of fault. However, you can recover nothing if you’re found more than 50% responsible for the accident. Florida changed from a pure comparative negligence system to a modified comparative negligence system on March 24, 2023.
This significant change in Florida law means that every percentage point of fault now carries much more weight in determining your potential recovery. Previously, you could recover some compensation even if you were mostly at fault for an accident.
An experienced Miami car accident lawyer can help you fight accusations of fault so that you don’t lose your chance at compensation because of this rule.
Florida’s 2023 Change from Pure to Modified Comparative Negligence
Before 2023, Florida operated under a pure comparative negligence system. Under the old law, accident victims could recover damages even if they were 99% at fault for their injuries, though their compensation would be reduced accordingly.
On March 24, 2023, Governor Ron DeSantis signed House Bill 837 into law, fundamentally changing Florida’s approach to shared fault in personal injury cases. This sweeping tort reform legislation moved Florida to a modified comparative negligence system.
How Modified Comparative Negligence Works in Practice
Under Florida’s modified comparative negligence system, fault percentages determine both whether you can recover damages and how much you can receive. The system creates a clear 50% threshold that dramatically impacts your claim.
If you’re found 50% or less at fault for the accident, you can still recover damages, but your percentage of fault will reduce your compensation. For example, if you suffer $100,000 in damages but are found 30% at fault, you would recover $70,000.
If you are found to be more than 50% at fault, you cannot recover any damages under the new law. This creates a harsh cliff effect where being 51% at fault means you receive nothing, compared to being 49% at fault and receiving substantial compensation.
How Insurance Companies Use Comparative Negligence in Miami Car Accident Claims
Insurance companies benefit significantly from Florida’s new modified comparative negligence law. Under pure comparative negligence, they had to pay no matter how much fault was assigned to you. Now they pay nothing if you’re more than half responsible.
This creates strong financial incentives for insurance companies to investigate accidents aggressively and assign the majority fault to the other side whenever possible. They may hire accident reconstruction experts, interview witnesses extensively, and scrutinize every detail of your actions if they think they can save money.
Insurance adjusters often point to minor violations or actions that contributed to the accident, then exaggerate their significance to push your fault percentage above 50%. They might argue you were speeding slightly, failed to signal properly, or weren’t paying adequate attention.
Building a Strong Defense Against Fault Allocation
Protecting yourself against comparative negligence accusations in Miami car accidents requires immediate action and thorough preparation. Evidence collection becomes critical in the first hours and days after an accident, as crucial details can disappear quickly.
Take photographs of vehicle damage, road conditions, traffic signals, and any relevant signage. Obtain contact information from witnesses and request that police respond to document the scene officially.
Experienced personal injury attorneys will conduct comprehensive accident investigations that can counter insurance company attempts to assign excessive fault. Professional investigation often reveals details that support your version of events and minimize your assigned fault percentage.
How Miami Car Accident Lawyers Protect Your Rights
Legal representation becomes even more critical under the new comparative negligence rules for Miami car accidents because the stakes are higher. The difference between 49% fault and 51% fault is the difference between substantial compensation and nothing at all.
Lawyers develop comprehensive strategies to demonstrate the other party’s primary responsibility for the accident while minimizing factors that could be attributed to you. This includes careful witness preparation, expert testimony, and thorough documentation of all contributing factors.
Our team also understands how to negotiate effectively with insurance companies that are now incentivized to assign the majority fault to accident victims. We won’t let insurance companies manipulate fault percentages to avoid their responsibilities.
Protecting Your Financial Recovery After a Miami Accident
Florida’s shift to modified comparative negligence in Miami car accidents makes legal representation more important than ever for accident victims. A well-prepared case, supported by strong evidence, can prevent an unfair fault assignment from reducing or eliminating compensation.
Don’t let insurance companies take advantage of the new law to unfairly deny your legitimate claim. Every detail of the accident matters now, and professional legal representation can make the difference between full compensation and nothing at all.
If you’ve been injured in a Miami car accident and are concerned about how comparative negligence might affect your claim, contact Anidjar & Levine for a free consultation.
We Can Help.
