Florida PIP Coverage

May 14, 2021

In Florida, fault or liability is not necessarily a vital question in every kind of car accident claim. Since Florida is a no-fault car insurance state, statutory design establishes that determining fault is not relevant to most car accident injury claims. This is because no-fault schemes stipulate that a policyholder will first (and almost exclusively) receive compensation for any losses from his or her own insurers. Only in specific circumstances does fault come into play in no-fault states. This means that the claimant’s injuries must meet a certain threshold for the claimant to make a liability claim outside of no-fault and directly claim against the driver deemed at-fault. This means that if you’re in a car accident in Florida, you may not have to be worried if you are at-fault. However, remember that since no-fault car insurance almost never applies to vehicle damage claims, if you’re making a claim for damage to your vehicle, liability for the accident will probably be a key factor in determining whose insurance will cover your losses.

Disputing Fault In A Car Accident

If you’re in a car crash in a fault-based car insurance state, and your insurance company or another driver’s insurance company denies your claim because they wrongfully consider you to be at fault for the car accident, it’s vital to inform the insurance company immediately disputing their finding of fault. If the insurance company’s determination is rooted in the fact that you received a traffic violation connected to the accident, or if they based its conclusion on the police report issued at the scene, you should fight the ticket in court and/or try to speak with the investigating officers to state your case. Disputing the findings can lead to further investigation and at minimum create a record of your disagreement that can be used later on. 

Certain insurers have internal policies regarding disputed fault investigations, and you may need to present your side of the story or give a statement to a third-party insurance adjuster. Insurance companies have many lawyers on their side; it’s important to have a competent representative on your side to protect your rights. 

How To Protect Yourself

Proving fault begins with what you do when the car accident occurs. You should always get the names and contact information of any witnesses at the scene and take photo/video evidence of damage to the vehicles along with any other relevant aspects of the scene you can capture. If you’re injured at all, even if the injuries are minor, you should immediately get thorough and prompt medical attention to create records for a case.

Contact Us Today

When you have an expert auto accident attorney at your side, insurance companies take your claim more seriously. If you’re unrepresented, there is an exponentially greater chance of being bullied or ignored by an insurance adjuster. Mantia Law Firm is a top personal injury law firm in the Orlando area. Call Mantia Law Firm for a free initial consultation with an auto accident lawyer today.

Main Office:

978 Douglas Ave.,
Suite 100
Altamonte Springs, FL 32714

Email: info@mantialaw.com
Phone: 407-722-7727
Fax: 407-722-7728

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