An auto accident is never easy to deal with. Trying to get the proper compensation in the aftermath is especially tough when navigating the legal system in Florida when all you really want to do is heal. Fortunately, with auto accident lawyer Thomas J. Ueberschaer, P.A., you can receive expert guidance on understanding how fault can affect your Florida car accident claim.
No-Fault Insurance
Florida is a no-fault state. That means that each driver’s insurance will typically cover their own damages. When it comes to injuries, this is done through your personal injury protection (PIP) policy. Even if you are entirely at fault for the accident, your PIP coverage will take care of medical costs and lost wages.
PIP Limitations
Your PIP policy will have limits. The state of Florida only mandates a $10,000 limit for PIP coverage. If your injuries and lost wages are greater than $10,000 and you have the minimum requirement, you will not be covered for all your damages.
Additionally, your insurance policy may have a deductible that you will have to pay first. The maximum deductible for PIP policies in Florida is $1000. Any other damages you suffer past your policy limit will need to be covered by your health insurance or Medicare. Having a lawyer like Tom on your side can make post-PIP compensation much easier to navigate.
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Ask Tom Today!How Fault Affects Additional Compensation
In addition to your own insurance, you can pursue the at-fault driver in an accident for more compensation to cover your damages. When you do this, demonstrating fault is key to a successful claim. When showing fault, it’s important to remember that Florida uses a comparative negligence standard. This means that the compensation you can recover is limited by how at fault you are for the accident. For example, imagine you need to recover $100,000 in damage from the at-fault driver, but the court determines that you are 10% responsible for the accident. In that case, you would only be able to recover $90,000. Florida’s new modified comparative negligence system stipulates that if a jury finds a plaintiff to be more than 50% at fault for the injury under consideration, they are not eligible to recover damages. Therefore, it is even more crucial to have us on your side immediately so we can effectively prove the other party’s fault.
Tom Uebershaer has extensive experience representing clients in cases where they had to demonstrate fault. In fact, he won $650,000 for a driver who was rear-ended and had to receive back surgery after the accident. Another client suffered a neck injury after being rear-ended by a delivery driver, but Tom was able to reach a $500,000 settlement for them.
What To Do To Establish Fault
You will need evidence to show fault on behalf of the other party involved. After receiving medical attention, gather the following as soon as possible after your accident.
- Photos of your injuries
- Photos of the accident scene
- Video evidence of the accident
- Police reports
- Witness statements
Know Your Rights
From the insurance companies to the other driver to the police, quite a few parties can try to accuse you of being at fault for an accident. If this occurs, knowing what steps to take to contest fault in your accident case is important.
- Gather all relevant evidence. A lawyer can help.
- Notify the insurer in writing that you plan to contest their findings.
- Contest any citations from police that are inaccurate.
- Hire an auto accident attorney.
Navigating Fault in Florida Car Accidents
Determining who is at fault for a Florida car accident can be tough to handle on your own. Fortunately, Tom Ueberschaer, P.A., is happy to help with a free consultation. Insurance companies are committed to paying you as little as possible. Their bottom line depends on it. Having a lawyer on your side gives you the ammunition to fight back.
Contact Tom today by calling 850-741-7381 or filling out our online form to schedule a free consultation.