If an individual is at fault for an accident in Florida, can they still recover compensation for their injuries?

Miami, FL –If an individual’s actions led to the occurrence of a car accident, they may still be entitled to recover compensation for their injuries from their insurance company and the other party. For those who were recently involved in an accident in Miami and are seeking the answer to this question, they are encouraged to read on below for some helpful information.

When an Individual is 100% At Fault for an Accident

If an individual is 100% at fault for a crash, they may be able to recover compensation for their injuries by filing a Personal Injury Protection (PIP) claim with their insurance company. PIP insurance is required in the State of Florida and can be used to help pay for an individual’s medical expenses and lost wages.

PIP insurance can used be regardless of who causes an accident and will generally pay up to $10,000. Before an accident victim can recover anything using their PIP coverage, they must seek medical treatment within 14 days of the accident. Failure to do so could result in an individual losing the right to benefits.¹

In addition to collecting compensation using PIP coverage, an individual might also be entitled to compensation if they purchased insurance that covers them even when they are at fault. When an individual is 100% liable for a crash, they cannot recover compensation from any other party.

When an Individual is Partially At Fault for a Collision

If an individual was involved in a collision and they are only partially liable, meaning their percentage of fault is less than 100, they may be able to recover compensation for their injuries in one of three ways:

1. File a PIP claim with their insurance carrier. Again, this can be done regardless of whether a driver is at fault for an accident or not. Generally, car crash victims are required to file a PIP claim with their carrier for injuries and lost wages before they can attempt to recover anything from another driver’s insurer.
2. File a claim with the other driver’s carrier. If an individual’s injuries are serious and they aren’t able to recover the full amount they are due from their insurer, they may be able to recover additional money from the other driver’s carrier.
3. File a civil lawsuit. A lawsuit is generally filed when there isn’t enough insurance coverage available to cover a person’s damages. When a driver is only partially liable for causing a crash, the State allows them to seek damages minus their percentage of fault.² Damages are only awarded to those who are successful at filing suit.

How does an individual know if they are 100% at fault or only partially liable for a wreck?

If an individual believes they are 100% liable for a crash, they are encouraged to consult with a Miami, FL car accident lawyer before admitting fault. There may have been other factors that contributed to the crash which they might not be aware of, and an attorney will be able to determine this for them.

To connect with a car accident attorney in Miami now, contact Mario Trespalacios P.A.

Mario Trespalacios P.A. can be contacted at:

9495 SW 72 Street, Suite B-275

Miami, FL 33173

Phone: 305-261-5800

Website: www.mtpalegal.com

Sources:

1. http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0600-0699/0627/Sections/0627.736.html
2. http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0768/Sections/0768.81.html