What to Do After a Car Accident If It’s Not Your Fault
Typically, you file a third-party claim when you are involved in an accident in a “no-fault” state and the accident is not your fault. In these instances, the other driver’s state mandated liability insurance coverage would cover damage to your car and property and for your medical bills for injuries, up to the limit of the policy. In no-fault states, however, regardless of who is determined to have caused the accident, you’d file a claim with your own insurance company. In this blog post, we will discuss what to do after a car accident when you’re not at fault.
Accidents Where You Are Not at Fault
In the event of an accident in which you were not at fault (for example, you are stopped at a red light and struck from behind), you likely will not need to worry about the various types of negligence. This type of accident is referred to as a clear liability accident: the fault, or liability, is clearly on a party or parties other than the claimant. In fact, in this scenario, your only concern about negligence would arise in a situation where various negligent parties combined to cause your injury. An example would be if you are stopped at a red light, and an accident occurs in the intersection in front of you when one driver makes a left turn, while another is speeding and strikes that turning car and, as a result, one of these cars strikes you. In this situation, you are not responsible for the accident, but one or more others are. You are owed for 100% of your damages and injuries, but the parties causing the injury may be difficult to determine. In my experience, the two drivers will usually blame each other for the accident, and their insurance companies will try to assess some or all the negligence on the other driver. This can be a complicated situation, because you are blameless, but you are not sure who is at fault, and both potentially and partially liable parties will blame the other. In Florida, the doctrine of joint and several liability applies. In joint and several liability, all parties who contribute to an accident are individually responsible for 100% of the damages to an innocent party such as yourself. The law determines that, since you are not at fault, you can pick one of the multiple at-fault parties to recover all your damages from and leave it to that party to blame others.
When You’re Partially at Fault
If you are partially at fault for your accident or injury, after you determine the applicable state negligence law, you can still present your claim. In Florida, pure comparative negligence applies. First, you should attempt to minimize your degree of responsibility, and attempt to show that a higher degree of negligence belongs with at least one of the other parties. Minimizing your liability can be done honestly and legally if you are truthful, yet you artfully pass the blame to the other party or parties. Hopefully, that will be the case, and you will be entitled to recover something, if not all of what you are owed. In pure comparative negligence states like Florida, if you are found to be 25% at fault, you are still able recover 75% of your damages.
Hire a Personal Injury Lawyer Miami Today!
The personal injury lawyers at Suarez & Montero can help you get the compensation you deserve. At Suarez & Montero, our team of personal injury lawyers in Miami will work with you throughout all phases of your personal injury case. We offer the expert legal guidance you need to win your case. We will take care of all legal matters that relate to your claim and develop the best legal strategy for your individual case to ensure the successful recovery of your damages. This includes determining the economic and non-economic compensation you’re entitled to, identifying who should be held liable for your injuries and damages. We will not rest until we have developed and presented the most persuasive argument possible, and ensure you receive fair and just compensation for your damages. If you have been injured in a motor vehicle accident, you have the right to file a personal injury lawsuit against any responsible parties. Depending on the situation, the pilot, owner, or manufacturer could be liable. Our legal team of Miami personal injury lawyers has decades of experience handling claims involving all types of personal injuries. Because we understand personal injury law in Florida, we can make sure you’re fully compensated for any medical bills, pain and suffering and other damages you may have experienced. We are available 24/7 to give you a free, no risk case consultation.
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