“What If the Accident Is My Fault – Can I Still File a Claim?

I’m often asked if a driver who causes an accident can still get compensation for their medical bills. The short answer is yes. Florida is one of about a dozen states with “no-fault” motor vehicle liability laws. That means that no matter who is at fault in an auto accident, each person turns to his or her own insurance first to cover medical expenses and/or lost wages, up to as much as $10,000, depending on the various details of your case. This is called Personal Injury Protection coverage, or PIP. 

Whether you were the driver or passenger, at fault or not, on a bicycle or a pedestrian hit by a car, if a car is involved in the accident you should turn to your auto insurance policy first for coverage. If you don’t have auto insurance, you may be covered by the auto insurance of a household relative who has insurance. 

“Can I Sue for More than Just PIP?”

But what if your expenses exceed the maximum allowable by PIP? You still may be able to receive additional compensation, because Florida follows the “pure comparative negligence” system. This means that, in a lawsuit, fault is distributed between parties. 

For example, if you were in a serious car accident and PIP covered only a fraction of your medical expenses and lost wages, you could sue a third party for additional compensation. If the court awarded $1,000,000 but apportioned to you 75% of the fault for the accident, you would still receive 25% of the award, or $250,000. 

In such cases, the question becomes whom to sue for damages and compensation. It may be your insurance company, it may be the other party involved for his or her portion of the fault, or it may be some other entity for creating a hazardous situation. This depends upon the particulars of your accident. That’s why it’s critical to talk to an experienced personal injury lawyer.

As an expert in personal injury law and a lifelong Florida resident, I’m dedicated to helping injured Floridians get the compensation they need to live as comfortably as possible following an injury. I will dive deeply into the details of your case to discover any and all factors involved in your accident in order to present the strongest argument for compensation. I have a long track record of winning significant awards in court or in settlements. Contact me today at (954)448-7288 so that we can discuss the details of your accident.

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