My Car Quest

July 20, 2024

Can You Sue If The Car Accident Was Your Fault?

If you have been involved in a car accident in Florida where you are partially at fault, you can still sue the other party for damages. To receive the best guidance for those injured in car accidents, victims should seek a car accident lawyer with a good reputation who is based in the region where the accident occurred.

Even though you can sue the other party for the accident, even if you are partially at fault, a lawyer will let you know what your best course of action is, depending on the circumstances of your case. Here is what you should know about Florida’s car accident laws.

Modified Comparative Negligence Law

Until March 24, 2023, Florida followed the pure comparative negligence system. In this system, you could still recover damages from a car accident even if you were 99% at fault.

However, the state of Florida now follows the modified comparative negligence system, which can make it harder for car accident victims to pursue compensation. Under this new system, if you are involved in a car accident and found to be 50% or more at fault, you can be barred from recovering any damages.

However, if you are less than 50% at fault for the car accident, then the percentage of fault assigned to you will reduce your final compensation amount. In other words, if you are to receive $100,000 in compensation but you are 40% at fault for the accident, you will only receive $60,000.

However, pursuing a compensation claim can only occur if the damages and injuries sustained and other circumstances surrounding your case allow it. This is why you should consult a car accident attorney as soon as possible because everything you do during and after the car accident will affect your claim.

Florida’s No-Fault Insurance System

In Florida, drivers are required to carry personal injury protection (PIP) insurance under the no-fault insurance system. This insurance can be used immediately to cover medical expenses and lost wages in the event of a car accident, regardless of who is at fault or the percentage of fault.

However, to benefit from the no-fault insurance system, you must seek medical attention within 14 days, according to Florida’s 14-day accident law. Although your no-fault insurance can provide you with benefits, it will not cover all your medical expenses or lost wages.

For example, your coverage can pay for about 80% of medical treatments or up to a $10,000 limit per person. The no-fault insurance system also does not cover non-economic damages such as pain and suffering, and these types of damages are often worth more than economic damages such as lost wages, property damage, or medical expenses.

In these instances, and if you have suffered severe injuries, your best course of action is to pursue a personal injury claim against the at-fault party to recover damages. However, you must first consider consulting a car accident lawyer to understand whether you have a strong enough case.

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