Should I Get a Lawyer for a Car Accident That Wasn’t My Fault in Florida?

Car accidents happen when you least expect them, and even defensive drivers can find themselves dealing with the consequences of another person’s poor decisions on the road. 

If you’re in Florida and have been involved in a car accident that wasn’t your fault, you may be wondering whether hiring a lawyer is necessary. 

With mounting medical bills, vehicle repairs, and the uncertainty of dealing with insurance companies, it’s common to feel overwhelmed. The Morgan Law Group understands these challenges and stands ready to help injured individuals assert their rights.

Whether you’re searching for a car accident lawyer in Florida or simply want to know your options, understanding how Florida car accident law impacts your recovery is essential. 

Common Issues Faced by “Not at Fault” Drivers in Florida

Being in a car accident that wasn’t your fault can be just as stressful, if not more so, than being at fault. Many people assume the process will be straightforward, expecting the responsible party’s insurance company to pay for damages without issue. 

However, the reality is often far more complicated.

• Denial of Liability: Insurance companies sometimes dispute fault, even when it seems obvious. Adjusters may argue that you contributed to the crash or question the extent of your injuries. This can delay your claim or result in a denial.
• Inadequate Settlement Offers: Insurers are in business to protect their bottom line. Initial settlement offers may not fully cover medical bills, lost wages, or ongoing treatment needs. Many no-fault drivers accept these low offers, not realizing they could be entitled to more.
• Delays and Red Tape: Claims often get bogged down in paperwork and procedural delays. The longer your claim takes, the more difficult it may become to cover mounting expenses and secure evidence.
• Out-of-Pocket Expenses: Even in a no-fault car accident, you may have to pay deductibles, co-pays, and other costs upfront. These financial burdens can create hardship, especially if you are unable to work due to your injuries.
• Aggressive Tactics from the Other Side: The at-fault driver’s insurance company might try to record your statements, press you to accept blame, or use your words against you to reduce their liability.
• Questioning the Severity of Injuries: Insurance companies often minimize injuries sustained in a car accident, arguing that your pain is unrelated to the incident or less severe than reported.

For all these reasons, many people find that having a lawyer for a car accident that wasn’t their fault can make a significant difference in the outcome of their case.

What a Florida Car Accident Lawyer Can Do For You

A car accident lawyer acts as your advocate throughout the claims process and, if necessary, in court. Their job is to protect your rights and pursue the compensation you deserve after a no-fault car accident. 

Here’s how a car accident lawyer in Florida can help:

• Investigate the Accident Thoroughly: An attorney will gather and preserve evidence such as police reports, eyewitness statements, photos, surveillance footage, and accident reconstruction analysis. This helps to clearly establish fault and the full extent of your damages.
• Handle Communication with Insurers: A skilled lawyer will communicate with insurance adjusters on your behalf, ensuring you do not make statements that could be used against you. They understand insurance tactics and know how to counteract efforts to minimize or deny your claim.
• Evaluate the Full Value of Your Claim: It’s easy to overlook damages like future medical expenses, lost earning capacity, or pain and suffering. A lawyer for a car accident can accurately assess your claim and fight for a fair settlement.
• Negotiate for Maximum Compensation: Car accident lawyers in Florida have the experience and legal knowledge needed to negotiate effectively. If an insurance company refuses to offer a fair settlement, your attorney can take the case to court.
• Guide You Through Legal Procedures: Florida law imposes strict deadlines and requirements on car accident claims. Your lawyer ensures all paperwork is filed correctly and on time, protecting your right to pursue compensation.
• Address Questions About Fault: A knowledgeable attorney can explain how Florida’s comparative negligence law applies and what compensation you may still be entitled to receive.

By handling the legal aspects of the car accident that’s not your fault, your lawyer allows you to focus on your recovery and well-being.

Florida’s No-Fault Insurance System in Car Accidents

Florida is a no-fault state, meaning all drivers must carry Personal Injury Protection (PIP) insurance. 

After a no-fault car accident, your own PIP coverage typically pays for your medical expenses and a portion of your lost wages, regardless of who caused the crash. This system aims to provide quick payment for injuries, but it can also limit your ability to recover full compensation.

If your injuries are serious or permanent, you can pursue a claim against the at-fault driver’s insurance for additional damages, such as pain and suffering and excess medical bills. This is where a lawyer for a car accident becomes invaluable, as proving the severity of injuries and the other party’s liability can be challenging.

• Limited Recovery: PIP coverage may not be enough to cover your losses, especially in severe crashes.
• Disputes Over Severity: Insurance companies may argue that your injuries do not meet the criteria for stepping outside the no-fault system.
• Multiple Policies and Coverages: You might have access to other sources of compensation, such as uninsured motorist coverage, but identifying and accessing these benefits can be complex.

Understanding what to do after a car accident that wasn’t your fault is essential to protect your right to recover full compensation beyond your PIP benefits.

How Florida’s Comparative Negligence Law Could Affect Your Claim

Florida follows a modified comparative negligence rule, which affects how damages are awarded after a car accident. 

Under this system, if you are found partially at fault for the crash, your compensation may be reduced by your percentage of fault. However, if you are found to be more than 50% at fault, you are barred from recovering damages.

For example, if you are awarded $50,000 for your injuries but found to be 25% at fault, your recovery would be reduced to $12,500. If your share of fault exceeds 50%, you would not be eligible to recover damages.

This can play a significant role when you’re claiming damages. 

• Insurance companies often try to assign some portion of blame to the injured party, even when the evidence supports your claim.
• Statements made to insurers, police, or witnesses can be used to argue that you contributed to the crash.
• The comparative negligence law makes it crucial to have a Florida car accident lawyer who can push back against attempts to shift blame and ensure your side of the story is heard.

If you were not at fault or only partially at fault (and your fault is not greater than 50%), you can still pursue compensation. However, the amount you receive may be reduced.

How Much Does It Cost to Get a Car Accident Lawyer in Florida? 

One of the most common questions people have is how much it will cost to hire a lawyer for a car accident that wasn’t my fault. Most car accident lawyers in Florida work on a contingency fee basis. This means you do not pay any upfront legal fees. Instead, your lawyer receives a percentage of your settlement or court award if your case is successful.

• No Recovery, No Fee: If you do not win your case, you owe nothing in legal fees.
• Percentage of Recovery: Typical contingency fees range from 33% to 40%, depending on whether your case is settled or goes to trial.
• Free Consultations: Many firms offer a free initial consultation to discuss your case and answer your questions.

This fee structure ensures that everyone, regardless of financial status, has access to quality legal representation after a no-fault car accident.

While attorney fees are contingent on recovery, there may be other case-related expenses, such as court filing fees, expert witness fees, and the cost of obtaining medical records. These costs are usually advanced by your car accident lawyer and reimbursed from your settlement.

Get a Car Accident Lawyer in Florida Today

Experiencing a Florida car accident that wasn’t your fault can leave you with physical injuries, emotional distress, and financial hardship. Dealing with insurance companies, understanding Florida’s no-fault laws, and pursuing fair compensation is not something you have to do alone. The right legal help can make a substantial difference in the outcome of your case.

Don’t risk leaving money on the table or jeopardizing your recovery. If you’re wondering what to do after a car accident that wasn’t your fault, or searching for a car accident lawyer, now is the time to act. 

Our car accident lawyers in Florida at The Morgan Law Group will fight for your best interests every step of the way. We’re committed to helping injured individuals secure the compensation they deserve. 

Get your questions answered. Call us today at (305) 504-7642 or contact us using our online form to schedule a free consultation.