Who is responsible for paying for damages in a car accident?

If you were involved in a car accident in Florida, you might wonder who will pay for your damages. According to accidentlawfirm.com/miami-car-accident-lawyer/, Florida is a no-fault state, meaning drivers must file a claim with their insurance company, regardless of who is at fault for the accident.

As a driver, you most likely have personal injury protection (PIP) insurance which amounts to $10,000 in benefits to cover medical expenses and lost wages. However, this type of insurance doesn’t cover vehicle damage, and if your injuries are above this insurance, then you will need to take some additional steps.

Understanding Liability in Florida Car Accidents

In most Florida car accident scenarios, having your car damaged means you need to file a claim with your insurance company. Yet, if the other driver is at-fault, their insurance company must pay you for the damages.

If you have collision coverage, your own insurance company might pay for the damages without the deductibles. However, things take a different turn if you are also injured in a car accident. In this case, you will need to file a personal injury claim.

You can do this through the at-fault driver’s insurance company. Yet, if they don’t have insurance, you will need to use your uninsured coverage, which might be able to cover the costs of lost wages, medical bills, and other damages.

Determining Fault and Who Pays for the Damages

Generally, whoever is responsible for the car accident is the one who needs to pay for the damages, or their insurance company, in other words. Fault is determined through a number of different investigations and analyses.

For example, police reports can be used as evidence when establishing fault, which is why it is crucial to call them when an accident occurs. Eyewitnesses also play an important role, so you should write down their names and contact information before leaving the accident scene to treat and assess your injuries. You should also take photos and videos of the accident scene and look for CCTV cameras that might have caught the incident.

Establishing fault is very important because Florida follows the pure comparative fault system, which means that you will be awarded damages based on your percentage of fault. If the total damages you are entitled to are around $20,000, but you are 20% at fault, then you will only receive $16,000 in compensation.

Once fault is determined, you need to file a liability claim with the other driver’s insurance company. Still, if you were at fault or the other party didn’t have insurance, you would need to file a claim with your insurance company.

However, you should first speak to a car accident lawyer because insurance companies often try to put more blame on you to reduce your compensation or otherwise offer unfair settlements. With a car accident lawyer by your side, you will be able to negotiate the best settlement for your case.