Being involved in an accident can be stressful. Even if you are not seriously injured, you are probably still in shock. What makes your stress even worse is trying to figure out who is responsible for the collision. Is the other driver to blame or are you partly or completely responsible?

Determining liability in an intersection accident can be even more complicated compared to other types of accidents, such as a collision. So, how is liability determined? Having a general idea of ​​how fault is determined in car accidents can help you protect the value of your claim.

Florida is a no-fault state

Okay, if you’re not familiar with it No-Fault Insurance Rules the name may be shocking. After all, someone has to be responsible for your intersection crash. No-fault insurance laws do not imply that no one is responsible for the accident. The term simply means that everyone involved in the accident turns to their insurance for financial compensation.

The idea behind Florida’s no-fault insurance rule is to make it easier for accident victims to receive some compensation for their damages. Because you’re filing a claim with your insurance company, the process should be a little quicker and easier.

All drivers with vehicles registered in Florida are required to have at least liability insurance. This type of coverage pays claims for damage to other drivers’ vehicles, which only applies if you are at fault for the accident. If you are not the at-fault driver, this portion of your insurance is left alone. You will ultimately file a claim for your property damage with the at-fault driver’s insurance company.

So far, no-fault insurance doesn’t seem that complicated. Now on to your PIP coveragewhat your personal injury protection (PIP) insurance is that covers your medical expenses and those of your passengers. PIP may also cover some of your lost wages if your injuries from the intersection accident force you to miss work. However, regardless of the type of PIP policy, you will run up against limits.

PIP only pays up to 80% of medical expenses and 60% of lost income. This can leave you with significant costs after going through your insurance company.

File a claim with the at-fault driver’s insurance company

After you file a claim with your insurance company, chances are you’ll still be left with bills and other losses. Remember, PIP only covers a percentage of your damages, it doesn’t cover everything. PIP also doesn’t cover non-economic damages like pain and suffering. Some types of serious car accidents can even leave victims with PTSD symptoms.

You should be able to file a claim for your remaining damages with the at-fault driver’s insurance company. This is where you can claim your non-economic damages and other expenses that are not covered by PIP. However, you will want to pay attention to the damages you list in your personal injury claim. You will not be able to receive compensation for damages that are already covered by your PIP policy.

If you make a claim for the same injury twice, you may be guilty of attempting to commit insurance fraud. There is a good chance that your mistake will be viewed as an honest mistake. Even though you are unlikely to face criminal repercussions, this could be grounds for an automatic denial of the claim.

This means that you will have to go back and file a new claim with the at-fault driver’s insurance company. You should also be prepared for the claims process to take a little longer after you made a mistake on the first form. The adjuster will likely go over every detail of your claim.

You may need to provide additional evidence, but this usually depends on the insurance company. Some are more diligent than others. Your personal injury attorney can help you with this part of the claims process.

Comparative negligence may affect culpability

Just when you think you’ve finally got the insurance laws of the Sunshine State down, another one pops up. Florida is following suit comparative debt rules and this can work to your advantage. Unfortunately, comparative errors can sometimes work against you.

That said, comparative fault causes more than one party to share blame for an accident. In intersection collision claims, comparative fault can play a significant role in determining the value of personal injury cases.

As long as you are not assigned more than 50% of the blame for an accident, you can still file a compensation claim against the other driver involved. Your settlement amount will simply be reduced by your percentage of blame. If you’re still feeling a little confused, here’s an example of comparative fault in an intersection accident.

If you are speeding through an intersection and another driver runs a red light and hits your vehicle, you are likely both at fault for the collision. You are at fault for speeding and the other driver is at fault for not stopping at the red light. Who is more at fault can vary and is not something you or your attorney can decide.

Who Determines Fault in a Florida Car Accident?

The person or entity responsible for determining fault in Florida car accidents can vary. Most often, the responding authorities and crime scene investigators do this, but not always.

Sometimes the insurance agent (yours or the other driver’s) has a say in how fault is determined. This can be especially true in cases where there is comparative fault. The insurance agent will often try to ensure that their client is assigned a lower percentage of the fault, so that your settlement amount is automatically determined if you decide to pursue compensation.

You can appeal any decision regarding fault. You are not necessarily locked into the percentage of fault assigned to you. If you work with a personal injury attorney, you can appeal to civil court. A judge or jury will hear and evaluate your evidence and make a decision regarding fault.

While there is no guarantee that the court will reduce your debt percentage, sometimes it is worth the extra time and effort to appeal.