Navigating the claims and insurance process after surviving a car accident can be overwhelming. Having an experienced lawyer can help you during recovery, especially in cases of auto negligence.
In this blog, we’ll talk about fault in car accidents, how it affects who pays for damages, and the steps to take after an accident. If you’ve been involved in an accident and have questions about auto negligence claims, ask Tom for help.
What Auto Negligence Means
Negligence means failing to drive as a reasonably careful person would, whether that’s through action or inaction. Here are some common examples of auto negligence:
- Distracted driving
- Speeding or unsafe driving
- Violating traffic laws
- Following too closely
- Driving while impaired
How Auto Negligence Claims Work in Florida
There are four elements to an auto negligence claim:
- Duty of care: Every driver has a legal obligation to drive safely.
- Breach: A breach occurs when a driver breaks a traffic law or fails to drive carefully.
- Causation: For an auto negligence claim to move forward, it must be determined that the driver’s negligence is the cause of injuries suffered.
- Damages: To recover damages, it must be established that there was a real loss resulting from the car accident.
In 2023, Florida changed to a system (under Florida Statute §768.81) that only allows drivers to recover damages if they’re found to be less than 50% at fault for an accident. The total compensation you can recover for the accident is dependent upon your percentage of fault. If you are found to be 30% at fault for an accident, you can recover 30% less money for the accident. If you are mostly at fault (more than 50%), you may not recover anything.
Proving Fault After a Florida Car Accident
Proving fault is key to winning an auto negligence claim. Gathering early documentation is key to proving fault. Evidence that can help your claim includes:
- Police report
- Photos/video
- Witness statements
- Medical records
Having evidence is especially important when the fault is disputed. Evidence helps solidify your claim in your case.
Insurance and Compensation Basics
Personal injury protection (PIP) coverage is a requirement in Florida. PIP pays for your medical bills and lost income after a crash – up to a point. If your damages exceed the amount of your PIP coverage, then you may be entitled to additional compensation. Below are some examples of the types of compensation that you may wish to recover after an accident:
- Medical costs
- Lost income
- Property damage
- Pain and disruption to daily life
What to Do If You Suspect Negligence
If you suspect that you are the victim of auto negligence, taking fast action can help you recover damages when you exceed your PIP coverage.
- Seek medical care. If you need medical treatment, seek care as soon as possible. PIP coverage requires you to seek medical treatment within 14 days if you plan to file a claim.
- Call the police and request a police report. The police report provides necessary documentation that will help support your story for an insurance company.
- Document the scene. Take pictures of your vehicle, the other driver’s vehicle and the scene where the accident occurred.
- Be careful with insurance statements. Don’t admit fault when talking to insurance companies. Remain neutral when recounting information about events leading to the accident. Your attorney can help you determine what should be discussed when speaking with an insurance company.
- Keep records and receipts. Keep all medical bills, car repair bills, and other accident-related expenses.
How Tom Helps With Auto Negligence Claims
Drivers in Pensacola, FL, come to Tom Ueberschaer for direct, one-on-one representation for help with auto negligence claims. All of our clients receive personal attention because we’re not a high-volume firm, we offer clear communication, and we charge no fees unless compensation is recovered. We’re the best at what we do.
FAQs
An auto negligence claim is a claim made against another individual who has demonstrated auto negligence.
Yes, you should file a police report after a car accident, especially if you plan to file a claim or seek damages, or if you are injured.
PIP coverage pays for your medical expenses and lost wages following a car accident. If your lost wages exceed the amount of your PIP coverage, you may be able to claim damages.
If you’re partly at fault for an accident, the amount you can claim in damages is reduced by the percentage you are found to be at fault. If you are more than 50% at fault, you cannot claim damages.
You can claim damages for:
- Medical costs
- Lost income
- Property damage
- Pain and disruption to daily life
If you believe you have been a victim of auto negligence, a lawyer can help you navigate the complex process of filing a claim. Talk to a lawyer soon after the accident to get started with your claim.
Need Help With An Auto Negligence Claim? Ask Tom
Clients who work with Tom Ueberschaer for their auto negligence claims are encouraged to ask questions and understand the process. We provide personal service and clarity throughout your claim. Contact us today.