Car crashes happen every day in the Fort Lauderdale area. According to data from Florida Highway Safety and Motor Vehicles (FLHSMV), nearly 570,000 drivers were involved in accidents in the state in 2020 alone. All serious car accidents should be thoroughly investigated to determine exactly how and why they happened. This raises an important question: Can you get compensation if the accident was your fault? In Florida, the answer is ‘yes’—because it is a “no-fault” auto insurance state. In this blog post, our Fort Lauderdale car accident lawyer explains the key things to understand about seeking compensation for a car accident that was your fault.
How Does Liability Work in an Auto Accident Claim?
After a motor vehicle collision occurs, the case will enter the investigation phase. Fault can be an important issue in a car accident case. However, the impact of “fault” on your rights will depend, in part, on the laws of the state where the crash occurred. The majority of U.S. states operate under a fault-based auto accident standard—meaning fault is always a primary factor in determining who can recover financial compensation. That being said, there are important exceptions. Florida is a no-fault car accident state. Minor and moderate injury claims fall under Florida’s no-fault car insurance law. This means that each driver’s own insurance company—specifically their no-fault Personal Injury Protection (PIP) coverage—bears the initial liability for the injuries no matter who was at fault for the collision. As explained by FLHSMV, PIP coverage is insurance that “covers 80 percent of all necessary and reasonable medical expenses up to $10,000 resulting from a covered injury, no matter who caused the crash.”
Can I Still Bring a Personal Injury Claim if the Crash Was My Fault?
Yes. In Florida, you can always bring a no-fault personal injury claim through your own Personal Injury Protection insurance coverage. PIP coverage is no-fault coverage. It applies regardless of whether or not you were assigned the blame for causing the crash. Recovering full compensation can be more challenging if you suffer a serious injury where the damages are beyond the maximum limit of your PIP policy.
What Damages Can be Recovered if You Cause an Auto Accident?
It depends on your insurance coverage. As a starting point, your no-fault PIP coverage should pay up to 80% of your medical bills, no matter who caused the crash. In Florida, motorists are legally required to purchase a minimum of $10,000 in PIP insurance. You may opt to purchase even more PIP coverage for additional financial protection. In Florida, PIP coverage will also pay up to 60 percent of your lost wages. Once again, the maximum benefit for most people is $10,000. You may also be able to recover your property damages through a comprehensive collision policy. Notably, you generally cannot recover compensation for pain and suffering if you caused the accident.
Understanding the Burden of Proof in Auto Accident Claims
Car accident injury claims are civil legal cases. As with other types of civil legal claims, these cases are subject to the preponderance of evidence standard. A preponderance of the evidence is effectively a “more likely than not” legal standard. Put another way, the burden of proof in a car accident claim can be thought of as 51%. If you can prove that a crash was at least 51% likely to be the fault of another party, you can hold them legally liable for the collision.
How is Fault Determined in a Motor Vehicle Collision?
You may be wondering: Who decides who is at fault for a car accident in Florida? At the scene of the crash, the parties involved may have an initial interpretation of who was at fault—but neither side gets to make the final decision. A responding police officer may write a crash report that assigns fault—but that officer also does not get to make the final decision. The insurance companies involved in the case will also make findings of fault. Though, even those findings can be challenged. While it is somewhat uncommon, a car accident claim could eventually end up in court. The Bottom Line: A serious car accident should be comprehensively investigated. Your Fort Lauderdale car accident lawyer will make sure that you have the evidence you need to prove fault.
What Damages Can I Get If I Can Prove Fault?
Can you prove that the car accident was not your fault? Even in a no-fault auto accident state such as Florida, this can still be relevant. If you sustained serious injuries in a crash, fault will be a big issue in the claims process. Under Florida law, you can pursue economic and non-economic damages through a fault-based car accident claim. In other words, you can seek damages for the full value of your losses. Along with other types of damages, financial recovery may be available for:
- Vehicle repairs or vehicle replacement;
- Ambulance costs and emergency room care;
- Hospital bills and health care costs;
- Long-term rehabilitative care;
- Lost wages and diminished earning power;
- Pain and suffering & emotional distress;
- Scarring, disfigurement, or physical impairment; and
- Wrongful death of a family member.
What Happens in a ‘No-Fault’ Car Accident State (Florida)?
There are often questions about who pays for damages in a no-fault state. In Florida, the answer depends on several factors—including the severity of the crash. As a general rule, each party’s initial claim in a no-fault car accident state is through their own insurance policy. For example, if two drivers suffered minor injuries in a multi-vehicle crash in Fort Lauderdale, their claim is likely against their own PIP insurer—no matter how that crash occurred. However, if someone sustained a serious injury as defined by Florida law—they can step outside of the no-fault system and bring a fault-based personal injury claim.
Can I Get My Vehicle Repairs Covered if I Caused the Crash?
It depends on your insurance coverage. Many drivers in Florida carry comprehensive collision insurance coverage that will allow them to get their vehicle repairs (or vehicle replacement) covered even if they caused the crash. Make sure you carefully review your insurance policy.
What Should You Do After a Car Accident You Caused?
Do you believe that you caused an accident in Florida? If so, it is imperative that you take immediate measures to protect your health, safety, well-being, and finances. Here are five important steps to take if you were involved in a major car crash and you feel that you were at fault:
- Stop Your Vehicle, Exchange Information: In Florida, motorists are legally obligated to stop their vehicle and remain at the scene of the accident—with the exception of a medical emergency. You should exchange information with the other parties involved in the accident.
- Report the Accident to Police: All injury-causing and significant property damage crashes must be reported in Florida. After a serious crash, you should still report the accident to the police even if you believe that you are at fault.
- Seek Medical Care for Any Injuries: All auto accident injuries require professional medical attention. Do not wait to get the medical support that you need. Your well-being comes first. Further, you will not be able to recover any compensation without medical records.
- Be Careful What You Say (You May Not be at Fault): Do not willingly admit fault. Instead, stick to the facts. Even if you believe that you likely bear liability, the crash should be investigated by an independent car accident attorney. Do not lie—but be very careful of the words you use.
- Consult With a Fort Lauderdale Car Accident Attorney: Insurance companies can be difficult to work with after a car accident that was your fault. Protect your rights and your interests by consulting with a top Fort Lauderdale auto accident lawyer.
Understanding Partial Car Accident Fault in Florida
A car crash is not always the fault of one single party. Quite the contrary, it is not uncommon for multiple parties—potentially including multiple drivers—to share fault for the same crash. Under Florida law (Florida Statutes § 768.81), car accident liability is handled under a comparative fault legal standard. In a fault-based car accident claim—either a serious injury claim or a property damage claim—the parties to the crash will be held liable for their share of the blame. For instance, imagine that you were seriously injured in a collision in Fort Lauderdale. Due to the severity of your injuries, you can bring a fault-based car accident claim. However, you know you bear some responsibility for the crash because you were speeding. If an investigation reveals that the other driver also bears partial fault, you can still bring a claim. If you are found liable for 40 percent of the accident, you will be legally responsible for 40 percent of the damages.
Do Car Insurance Rates Increase After a Crash?
Insurance rates can increase after an accident. This is one of the reasons why fault always matters in a car accident case. Whether or not insurance premiums will increase depends on a number of different case-specific factors, including your driving record. Still, Forbes Magazine recently cited insurance industry data showing that car insurance rates can rise by up to 4% after an accident. Therefore, do not accept fault for a crash without a comprehensive investigation by an attorney.
Can You Proceed With a Claim Without a Fort Lauderdale Car Accident Attorney?
You always retain the right to bring a claim without retaining an attorney. That being said, doing so can be a serious mistake—especially if you sustained a significant injury in a crash and/or you believe that you may bear fault for the accident. You cannot rely on an insurance company—including your own no-fault insurance provider—to look out for your legal rights and financial interests. An experienced Fort Lauderdale personal injury lawyer can help you prepare a strong, persuasive, and well-supported claim for compensation.
Why Work With Bernheim Kelley For Your Car Accident Claim?
The immediate aftermath of a car crash can be stressful, chaotic, and all-around overwhelming. It can be even more difficult to deal with when you believe that you may be at fault for the crash. You do not have to navigate the complexities of the insurance claims process alone. At Bernheim Kelley, we are ready to proactively fight for your rights and interests. Among other things, our Fort Lauderdale car accident attorneys will:
- Hear your story and answer your questions during a free initial consultation;
- Investigate the collision to determine who was really at fault for the crash;
- Gather your insurance information, medical records, and other evidence; and
- Develop a strategy to help you secure the maximum financial payout.
Schedule a Free Consultation With Our Fort Lauderdale Car Accident Lawyer
At Bernheim Kelley, our Fort Lauderdale auto accident attorneys are committed to delivering justice and results for injured victims and their families. If you were involved in a motor vehicle collision and you believe that you may be at fault for the crash, you need skilled legal representation. Contact us today to arrange a free, no-commitment initial consultation. From our Fort Lauderdale office, we handle car accident cases in Broward County and all of South Florida.