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Florida is a no-fault state for car accidents, with each person involved using their own Personal Injury Protection (PIP) plan to cover their medical care and property damage. However, if one party sustained damages exceeding their PIP coverage, they have the right to file a lawsuit for damages against the driver who caused the wreck. Determining the fault for the accident can make a difference in whether you have to pay damages to another party or your own eligibility for compensation.
Our car accident lawyer in West Palm Beach can help if you’re disputing fault after a wreck, but you must act fast. We can also assist in cases where the at-fault driver contests car accident fault.
Why fault determination matters in your car accident claim
If you were seriously injured, needing surgery or a lengthy recovery time that leaves you out of work for months, your insurance policy may not cover all your losses. It’s certainly not going to pay your lost wages for the time you missed at work.
Filing a personal injury lawsuit against the at-fault driver can help you recover your expenses and replenish your unearned wages, alleviating your financial burden. If you can gather evidence demonstrating that you had no hand in the crash, and the other driver was negligent (speeding, ignoring traffic laws or running a red light, using their phone while driving, being under the influence of alcohol or drugs, etc.), then you can demand compensation for your material losses and consideration for your pain and suffering.
Steps for disputing fault in a car accident case
The best place to start if you want to contest fault in your recent car accident and pursue legal action for compensation is to contact a local car accident lawyer. They can evaluate your situation and advise you of your legal options. With the guidance of your attorney, the process usually proceeds like so:
Collecting additional evidence for your claim
Photos or a video of the accident scene can shed light on the cause of the wreck. The physical damage to each vehicle is another piece of the puzzle. If you didn’t get a chance to take pictures at the scene of the wreck, take them as soon as possible afterward, before you have your car repaired. Many car accident law firms work with accident reconstructionists to explain how the wreck happened to a jury. These professionals use recorded footage of the crash (like dash cam footage), physical damage of each vehicle, and information from the Event Data Recorder in each car to prove which driver caused the wreck.
Witness statements are another key element of proving fault in a car accident. If the other driver had passengers in their car who may have witnessed negligent behavior (like using their phone), your lawyer can subpoena their testimony. Bystanders and others on the road may also contribute valuable insight into the details of the wreck.
Your lawyer may also use the police report to help them determine fault. While these reports may not be admissible in court as evidence on their own, the officer can testify about what they witnessed and include it in the report, including recounting the “officer’s narrative,” a part of many police reports that contain the responding officer’s idea of how the accident happened and who caused it.
Legal options for disputing fault in Florida car accidents
There are a few legal avenues open to you after a car accident. Your attorney can explain the benefits of each:
- Filing a lawsuit for damages
- Filing a counterclaim against the other driver
- Negotiating a settlement with the other driver’s auto insurance carrier
What if I’m being blamed for the accident?
You may have filed your claim with your PIP carrier, assuming that the other driver is the same, only to be served with notice of a lawsuit against you. What now?
First, call a lawyer to protect you. Follow their advice. The insurance companies for each driver will likely investigate the collision independently of your lawyer’s investigation. Depending on their findings, you may be held responsible for the other driver’s losses. However, your insurance policy should cover their damages. But you can expect to see your premium increase, and the carrier may not renew your policy if you’ve had multiple wrecks.
That being said, you do have the right to contest the insurance company’s filings in court and dispute your liability. Talk to your car accident attorney about mounting a counterclaim. You also have the chance to defend yourself in court if you’ve been sued for damages. Any evidence you have, like that we listed above, can help your case.
Disputing fault after a car accident
If you’ve been injured in a car accident that wasn’t your fault and want to challenge the assigned fault, the skilled attorneys at Lytal, Reiter, Smith, Ivey & Fronrath can help. We’ll investigate your case thoroughly to ensure your rights are protected and fight to secure the compensation you deserve. Don’t hesitate—call us today at (561) 655-1990 for a free consultation and take the first step toward justice.