FAQ: Who Determines Fault in a Florida Car Accident Case?
Florida car accidents are prevalent in the Sunshine State. According to the FLHSMV, in 2024, there were 381,371 traffic crashes in Florida, resulting in 246,444 nonfatal injuries and 3,199 fatalities. After an accident, one of the first questions people usually ask is, “Who decides fault?”
So, who determines fault in a Florida car accident case? There isn’t a straightforward answer to this question. The process for determining fault following a car accident in Florida is more complex than many people realize. Below, we discuss how you can expect fault to be determined in your case.
Florida’s No-Fault Insurance System
Firstly, it is vital to note that Florida is a no-fault auto insurance state. In most car accident cases, each driver turns to their insurance company to seek compensation for medical expenses and lost wages, regardless of fault, under their Personal Injury Protection (PIP) coverage. Fault does not play a role in many car accident cases.
However, PIP does not cover all medical expenses and lost wages. Typically, it is limited to $10,000. It also does not cover non-economic damages like pain and suffering. Fortunately, if you sustain serious injuries, you may step outside the no-fault system and seek full compensation from the other driver. This is where fault becomes relevant.
Who Determines Fault in a Florida Car Accident Case?
Contrary to what some people might believe, there isn’t one single party that is solely responsible for determining fault after a Florida car accident. Instead, several parties conduct investigations to determine fault. Here is a breakdown of the parties involved in determining fault in a Florida car accident case;
- Police Officers
After a Florida car accident, police officers usually arrive at the accident scene and conduct an investigation. An officer will note traffic violations and might even issue a citation, record facts, and take statements from the involved parties and witnesses. They then put all the information in a report. The police report may include an opinion on who caused the accident. However, while this report can be helpful, it does not have the final say on liability. Still, this report is often relied upon during other investigations.
- Insurance Companies
Your insurance company and the other driver’s insurance company will conduct separate investigations. Insurance adjusters are responsible for determining fault. These individuals determine fault after reviewing the police report, vehicle damage, witness statements, and other evidence. You and the other driver may also be questioned.
- Attorneys
If you don’t agree with the insurance company’s determination of fault, or if the other driver disputes fault, it may be necessary to involve attorneys. A skilled Florida car accident attorney can gather evidence, such as surveillance footage, witness statements, expert testimony, and medical records, and put together a strong case.
The Comparative Negligence Rule
In Florida, multiple parties can share fault after an accident. Even if you contributed to your accident, you can still seek compensation. But, your settlement or award will be diminished by the percentage of fault you bear.
Note: Under Florida’s modified comparative statute, you must be 50% or below to recover compensation.
Contact Our West Palm Beach Car Accident Attorney
If you’ve been in a car accident, do not leave fault determination to the insurance companies. Contact our West Palm Beach car accident attorneys at The Pendas Law Firm for help protecting your rights.
The Pendas Law Firm also represents clients in the Ocala, Orlando, Tampa, Miami, Daytona Beach, Fort Myers, Fort Lauderdale, Naples, Melbourne, Jacksonville, and Bradenton areas.
Source:
flhsmv.gov/traffic-crash-reports/crash-dashboard/