Who Can Determine Fault In An Auto Accident

September 16, 2021

Insurance company adjusters determine liability in an auto accident by evaluating evidence such as the police report. They may question you and the other driver regarding the collision to build a reliable narrative of the situation. After they’ve established who is at fault for the accident, or if both parties share fault, they assign fault percentages to each driver involved. You may be able to pursue compensation, depending on your fault percentage and state laws. In Florida, PIP insurance is mandatory, so residents must file with their personal insurer, regardless of who is at fault. Read on to learn more about establishing fault in an auto accident and what you should do if you are in an auto accident.

Determining Fault In Auto Accidents

Most adults who have driven for a while are familiar with standard proceedings following an auto accident. If the accident involves property damage or bodily injury, the police arrive at the scene and write a report. They evaluate physical evidence, interview drivers involved and any witnesses, and summarize their interpretation of the incident and who is responsible. While police reports play a key role in assigning liability, they do not determine the final assignment of fault. Your insurance company will take the police report and any other relevant evidence into consideration when assigning fault. Your options for seeking compensation depend on if you bear partial fault, full fault, or zero fault, along with state laws. Florida operates under a comparative fault system, where each driver receives a portion of the fault depending on the degree insurance company investigators believe they contributed to the crash. 

Personal Injury Protection (PIP)

Florida is a state with personal injury protection (PIP) laws, which means that victims of car accidents are required to file a claim with their own insurance company, no matter who is at fault or shares fault for the collision. PIP states like Florida stipulate a minimum amount of PIP insurance that drivers need to carry. Only after your own insurance company has paid out to the minimum level can you pursue the other party and their insurer to recoup your remaining damages. 

What To Do If You Are Involved In A Car Accident

You don’t want to make it easy for the other party and their insurance provider to hold you liable for an accident following a car crash. This is why you should say as little as possible, especially when speaking to any representative of an insurance company. Never admit fault, and consult with an experienced car accident lawyer as soon as possible after the accident happens to determine your legal options and how best to handle the case. An expert car accident attorney from Mantia Law Firm can take care of gathering evidence, negotiating with insurance companies, and ensuring everything abides by any statute of limitation if your case needs further legal action.

Contact Us Today

If you were involved in a recent car accident, an experienced car accident lawyer from Mantia Law Firm can assist you with getting the best outcome no matter how the collision happened. Call Mantia Law Firm to consult with an attorney and get the compensation you are entitled to 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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