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What happens if someone were partly to blame for your accident?

Posted by Keith C. Warnock | Aug 14, 2019 | 0 Comments

A car crash is an unexpected event that can result in serious damage and injury. Even if you walk away, there is a chance that you may have an underlying injury.

Florida is a no-fault state in terms of insurance, which means that in the event of a crash, the drivers file a claim with their own insurance company rather than the other carrier. What happens if one person was mostly to blame, and what if you did something that contributed to the crash? Take a closer look at Florida's accident laws and how they may work in this situation.

No-fault insurance and personal injury protection

Florida is one of a few states that operate under no-fault insurance. Drivers need to carry PIP, personal injury protection, which covers their medical bills. If another driver is at-fault for the crash, there are certain circumstances where the injured party may file a claim against the other's insurance.

A serious injury claim

Under no-fault insurance, there is not always a finding of fault. However, in the case of a serious injury, the injured party may file a claim against the at-fault driver. Under the laws of the state, a serious injury is:

  • A fractured bone
  • An injury qualifying the person for 90 days of full disability
  • Disfigurement
  • Limitation of the use of a limb
  • Permanent damage to an internal organ

Comparative negligence

If you can file a claim for a serious injury, the insurance adjusters will investigate and come to a liability decision. This decision may find you partially responsible for the events that led to the accident. In this case, both drivers will get a share of the liability. The split will determine how much you will get in terms of a settlement from the other insurance company. If you get 20% of the responsibility, it means you can receive 80% of your total damages from the at-fault driver's carrier.

When trying to navigate the tricky no-fault accident laws of the state, you may want to consider speaking to an attorney. Someone familiar with how the process works may assist you in getting the help you need.

About the Author

Keith C. Warnock

Experienced Trial Attorney Keith C. Warnock is a board-certified attorney practicing workers' compensation and personal injury law in Daytona Beach, Florida. Mr. Warnock has over 30 years of trial experience. He graduated magna cum laude from the University of South Carolina with a Bachelor of ...


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