What Happens if You Are At Fault in a Car Accident in Florida?

Every year, thousands of car accidents in Florida leave drivers with pressing questions about their rights and responsibilities. 

When you are at fault in a car accident, the situation can feel overwhelming and uncertain, especially given the unique laws that shape car accident claims in Florida.

The Morgan Law Group is a leading national injury law firm located in Coral Gables, Orlando, Tampa, Naples, Panama City, and Pensacola, Florida. Our car accident attorneys in Florida understand the challenges drivers face after at-fault car accidents.

Whether you’re dealing with insurance companies or the potential for legal action, knowing what steps to take and what to expect is crucial for protecting your interests and moving forward.

What Is an At-Fault Car Accident in Florida?

Florida is known for its “no-fault insurance system,” but that doesn’t mean determining fault is irrelevant. 

An at-fault car accident in Florida refers to any crash where a driver’s actions or negligence directly cause the collision. Examples include running a red light, failing to yield, or rear-ending another vehicle.

While Florida’s no-fault insurance law requires every driver to carry Personal Injury Protection (PIP) coverage, this coverage applies regardless of who caused the car accident. However, determining fault still matters. It impacts who pays for damages beyond PIP limits and how liability in car accidents in Florida is allocated, particularly in serious injury cases. 

Understanding what it means for you to be at fault in a car accident in Florida is the first step in protecting your rights after a crash.

What to Do After a Car Accident That You Are At-Fault

Being involved in an accident is stressful, especially if you are at fault in a car accident in Florida. Taking the right actions immediately after the collision can help protect your legal position and ensure compliance with Florida’s car accident laws.

• Ensure Safety and Seek Medical Attention: Move your vehicle to a safe location if possible and check for injuries. Florida law requires you to render aid if someone is injured, which can include calling 911 or helping others to safety.

• Report the Accident: Under Florida Statute § 316.065, you must report any accident involving injury, death, or property damage over $500 to local law enforcement. Failing to report an accident can result in legal consequences and complicate your car accident claim in Florida.

• Exchange Information: Exchange contact and insurance details with all involved parties. Gather witness information and take photos of the scene, vehicles, and any visible damage.

• Cooperate, But Don’t Plainly Admit Fault: Be truthful with law enforcement and insurance companies, but avoid making statements that could be interpreted as an admission of liability. Liability in car accidents in Florida is ultimately determined through investigation.

• Notify Your Insurance Company: Florida’s no-fault insurance system requires you to promptly notify your insurer after an accident to access your PIP benefits. Delays can jeopardize your claim.

• Document Everything: Keep records of all expenses, medical visits, repairs, and communications related to the accident. These documents can be critical in the event of disputes over liability or damages.

By following these steps, you safeguard your interests and lay the foundation for handling your car accident claim in Florida effectively, even when you cause the car accident.

Your Legal Responsibilities if You Are At Fault in a Car Accident in Florida

If you are found to be at fault in a car accident in Florida, you assume several important legal responsibilities. Failing to meet these obligations can lead to additional penalties, civil lawsuits, and financial losses.

• Stay at the Scene: Never leave the site of a car accident in Florida without exchanging information and assisting those who are injured. Leaving can result in hit-and-run charges, which carry severe penalties including license suspension and possible jail time.

• Cooperate with Law Enforcement: You are legally required to provide information to the responding officer and answer basic questions. However, you have the right to remain silent regarding self-incriminating information, especially if alcohol, drugs, or criminal negligence is suspected.

• File Accident Reports When Required: If law enforcement does not respond to the scene and the accident involves injury, death, or significant property damage, you must submit a written report to the Florida Department of Highway Safety and Motor Vehicles within 10 days.

• Address Property Damage and Medical Bills: Your insurance will handle property damage claims and pay out benefits according to the terms of your policy. If damages exceed your limits, you may be personally liable for the remaining amount.

• Respond to Lawsuits Promptly: If you are sued, it is critical to respond quickly and consult with car accident attorneys in Florida. Ignoring legal papers can result in default judgments, wage garnishments, or liens against your property.

• Cooperate with Your Insurer: You are required to assist your insurer’s investigation. This may include providing statements, documentation, and access to your vehicle for inspection. Failure to cooperate could lead to the denial of your claim or policy cancellation.

Overall, your legal responsibilities after causing a car accident in Florida are designed to ensure accountability, prompt compensation for those injured, and compliance with Florida’s car accident laws.

Can You Claim Compensation After the Accident You Are At Fault?

A common misconception about Florida’s no-fault insurance system is that being at fault means you cannot receive any compensation. In reality, you are still entitled to certain benefits under Florida’s car accident laws, even if you cause the car accident.

Access to Personal Injury Protection (PIP) Benefits

All drivers in Florida must carry PIP coverage. This policy pays for your own medical bills and a portion of lost wages, regardless of fault, up to the policy limit (typically $10,000).

Additional Medical Coverage

If your medical expenses exceed PIP limits, you may rely on your health insurance or, if you purchased it, “Medical Payments” coverage through your auto insurer.

Property Damage

If your own vehicle is damaged and you have “collision” coverage, your insurer will pay for repairs (minus your deductible). If you do not have this optional coverage, you are responsible for your own repairs.

Exceptions and Limitations

While PIP helps, it does not cover all losses, such as pain and suffering or damages above your coverage limits. If you sustain significant injuries and share fault with another driver, you may still recover partial compensation from them under Florida’s comparative negligence rules.

Even if you are at fault in a car accident in Florida, you can access PIP and possibly other coverages. The details depend on your insurance policies, the extent of the damages, and whether others share fault. That’s why consulting a Miami car accident attorney is crucial to avoid disputes when filing a car insurance claim in Florida.

What if the Other Party Shares Fault in the Car Accident?

Not all car accidents in Florida are the result of just one person’s mistake. It is common for more than one party to contribute to the cause of the crash. Florida’s modified comparative negligence rule governs how fault is assigned and how compensation is determined in such cases.

• In Florida’s modified comparative fault rule, each party is assigned a percentage of fault based on evidence from the crash.
• Any compensation awarded is reduced by the individual’s share of fault.
• If you are more than 50% at fault, you can’t recover damages from the other party.
• For example, if your damages total $100,000 and you are found 60% at fault while the other driver is 40% at fault, you don’t have the right to recover damages from the other driver.

If you cause a car accident in Florida but the other party also contributed (for example, by speeding or texting while driving), you can offset some of your financial responsibility. Understanding your share of liability is essential before agreeing to any settlements.

How to Prove Another Party’s Shared Liability in the Accident

If you disagree with the insurance company’s assignment of fault, you have the right to appeal the decision or seek legal representation. Skilled car accident attorneys in Miami, FL, can advocate for a fair allocation of responsibility and help you understand your options under Florida’s car accident laws.

In cases of shared fault, working with knowledgeable legal counsel is the best way to ensure your rights are protected and you don’t pay more than your fair share after car accidents in Florida.

Know What to Do Next – Contact a Miami Car Accident Attorney

The aftermath of at-fault car accidents in Florida can be daunting, but knowing your rights and responsibilities can make all the difference. Florida’s no-fault insurance, modified comparative negligence rules, and car accident laws create a unique environment for drivers who cause car accidents, and the stakes can be high – financially, legally, and personally.

Whether you need help accessing PIP benefits, defending yourself from a lawsuit, or understanding liability in car accidents in Florida, it is essential to seek timely legal guidance. The Morgan Law Group, with a team of experienced car accident attorneys throughout Florida, has a history of successful cases, helping clients make informed decisions and secure their future after serious car accidents.

If you or someone you know has been involved in a car accident, regardless of fault, take the first step toward protecting your interests. Receive guidance tailored to your unique situation and get answers to all your questions about car accident claims in Florida. Call us today at (866) 709-2749 or contact us using our online form to schedule a free consultation.