You’ve been in a crash, and you know it wasn’t entirely the other driver’s fault. Maybe you were slightly distracted, speeding a little or missed a turn. Now, you’re wondering whether you can still recover compensation for the damages you suffered. Here’s what you need to know.
First, Florida is a no-fault state. This means that your insurance company pays for most of your medical bills and a portion of your lost wages through personal injury protection (PIP). It doesn’t matter who was at fault. It’s worth noting that PIP only covers up to $10,000 in medical expenses and lost income, and it doesn’t include compensation for pain and suffering.
If your injuries are serious, such as broken bones, permanent scarring or long-term impairment, you may file a personal injury claim against another at-fault driver to recover additional compensation. This is where fault matters.
Florida modified comparative negligence rules
Once you step outside PIP, you may be entitled to compensation as long as you were 50% or less at fault for the crash. If you’re found to be more than 50% to blame, you lose the right to recover anything at all. Additionally, your compensation will be adjusted to reflect your percentage of fault. For example, if your total damages are valued at $100,000 but you’re found to be 20% at fault, you would receive $80,000.
Fault isn’t always clear-cut
Insurance companies don’t always get it right when assigning blame. They may try to pin more fault on you than you deserve to reduce your payout. You could end up accepting less than you’re truly owed or walk away with nothing if you’re not careful.
Legal guidance is essential to challenging unfair fault assignments and navigating such complexities of Florida’s personal injury laws. It can make a real difference in achieving a fair settlement for the damages you suffered, even if you contributed to the accident that caused your harm.