With over 64,000 vehicle crashes in 2019, it is no secret that driving in Miami-Dade County can be a risky endeavor, just think about your drive to and from work each day; how often do you encounter a traffic jam caused by some kind of collision?
Being involved in a vehicle collision can be a scary, frustrating, and confusing experience. There are many misconceptions of how fault is determined following an accident in Florida and it is in your best interest to be informed about how and who determines fault after an accident.
Florida is a No-Fault State
I’m sure you have heard the term on radio commercials and tv commercials referring to Florida as a “no-fault state”. Oftentimes, people confuse this term and may not fully understand what exactly this means. Florida is a “No-Fault” insurance state. This does not mean that you cannot be found at fault for the accident or sued for injuries or damage that occur from an accident. Rather this term simply means that in the case of an accident either party regardless of fault will turn to their own insurance company to cover any medical-related costs and losses, through their required $10,000 minimum Personal Injury Protection insurance.
How to Determine Who is at Fault After an Accident?
So now that we know what being a No-Fault state actually means, how is it determined who is at fault following a car accident? The answer is not always clear cut although there are some situations where it may be easier to determine than others.
Following a car accident, you will receive an incident report often prepared by law enforcement. This report will often include the information of everyone involved in the accident, description of damages and visible injuries as well as whether anyone was cited for driving violations. Oftentimes, people assume that the issuance of a traffic citation is in and of itself the final determination of fault. However, it is not; in Florida, the fault is ultimately determined by a judge if you are involved in a lawsuit or your insurance company for the claims process. While a police report and citation is not the final determination of fault it is evidence used to establish fault.
Other evidence that is used to determine fault is:
- Testimony or statements by witnesses and passengers
- Expert testimony based on position of cars and trajectory
- Videos or Photos following the accident
- Location and extent of damage to the vehicle
Some Accidents Are Easier to Determine Fault
There are instances where an accident will create what is called a presumption of negligence this means the party is assumed at fault by the court and it is their burden to attempt to otherwise. An example of such an instance would be a rear-end collision. In Florida, a judge in a rear collision case will automatically assume the driver in the rear vehicle is at fault unless they can prove they are not, which can be very difficult to do.
Insurance Determination of Fault
Not all car accidents end up in court, so how is fault determined in those situations? Insurance companies make their own determinations of fault based on many of the factors described above, in addition to their own investigations. The insurance company will determine fault and assign a percentage of fault for their claims process and to determine future rates.
While it is difficult to always predict who will be found at fault following a car accident there are some things you can look at to help you consider who is likely to be held responsible.
- Police Report
- Which party a citation was issued to
- Type of collision
- Any statements or admissions made by the other driver or witnesses
Determining fault in a car accident in Florida is complex and while drivers want to immediately know who will be held at fault the answer may not always be that easy to determine. Fault is determined by many different parties and for different purposes including the police, insurance company, and the courts.
There are many things to take care of following a car accident; once you are ready to repair your vehicle please contact us for all of your estimate and collision repair needs. Give us a call at (305) 908-5548 or schedule an appointment with us online: https://tropicalcollisionrepairmiami.com/appointment-request/