What Affects Liability & Insurance in a Car Accident?

September 11, 2023 | By Frankl Kominsky Injury Lawyers
What Affects Liability & Insurance in a Car Accident? Car accidents can happen anytime and have significant consequences for all parties involved. Whether it’s a minor fender bender or a more serious collision, the aftermath of an accident can leave you with physical injuries and financial burdens.  Understanding how liability and insurance coverage play a role in car accidents is vital to ensure you receive the compensation you deserve. In this blog post, we’ll explore the factors affecting liability and insurance after a car accident in Florida, from fault determination to coverage limits. Buckle up, and let’s dive in!

Fault Determination

Florida’s no-fault insurance system is designed to provide drivers quick access to medical coverage after an accident, regardless of who was at fault. Under this system, each driver’s insurance policy typically covers medical expenses through Personal Injury Protection (PIP) coverage. This means that even if you caused the accident, your own insurance will still cover your injuries up to the policy limits. However, it’s important to note that fault can still impact liability when seeking compensation beyond PIP coverage. If you’ve suffered significant injuries or damages and believe someone else is at fault for the accident, you can pursue a claim against their insurance company. In such cases, establishing fault becomes crucial in determining whether you are eligible for additional compensation.

Comparative Negligence

Florida operates under a unique system for determining fault in car accidents. It’s known as comparative negligence, and it considers the level of fault for each party involved. Simply put, if you’re found partially at fault for an accident, your compensation will be reduced according to your percentage of responsibility if you were found to be less than 51% negligent. This means that even if you were only 20% at fault for the collision, your potential compensation would be decreased by that same amount. For example, if you were initially entitled to $10,000 in damages but found to be 20% responsible, you would receive $8,000 instead. While this rule may seem harsh at first glance, it ensures that liability is accurately determined and prevents individuals from receiving full compensation when they share some blame. 

Insurance Coverage Limits

When it comes to car accidents, insurance coverage limits can greatly affect the amount of compensation available. This includes coverage for your own injuries and liability to other parties involved in the accident. The limits set by your insurance policy will determine how much financial protection you have in the event of an accident. Having adequate insurance coverage is crucial because it can make a significant difference in covering medical expenses and damages. If your coverage limit is too low, you may have to pay out-of-pocket for any costs exceeding your policy’s limit. Furthermore, if you are found at fault in an accident and do not have sufficient liability coverage, you could be personally responsible for compensating the injured party for their medical bills, pain and suffering, and other losses. It’s important to review and understand your insurance policy to ensure that you have appropriate coverage limits.

Personal Injury Protection (PIP)

Personal Injury Protection (PIP) insurance is a crucial component of car accident coverage in Florida. It’s mandatory for every driver to have PIP insurance, which provides financial assistance for medical expenses and lost wages resulting from an accident. One significant advantage of PIP insurance is that it covers the policyholder’s medical costs, regardless of who was at fault in the accident. This means you can receive compensation for your injuries even if you were responsible for the collision. Additionally, PIP insurance also helps cover lost wages due to missed work because of your injuries. Whether you require ongoing medical treatment or need time off to recover, having PIP coverage ensures you won’t face additional financial strain during this difficult time.

Bodily Injury Liability (BIL) Insurance

Bodily Injury Liability (BIL) insurance, although not required in Florida, can provide significant protection if you’re held at fault in an accident. This type of coverage goes beyond basic personal injury protection (PIP) and helps pay for the medical expenses, pain and suffering, and other damages suffered by others involved in the accident. Having BIL insurance means that if you cause an accident resulting in injuries to others, your policy will help cover their medical bills. This is crucial as healthcare costs can quickly escalate. Moreover, BIL coverage can also assist with compensating victims for their pain and suffering. It offers a sense of security knowing you won’t bear the full financial burden alone if found liable.

Property Damage Liability (PDL) Insurance

Property Damage Liability (PDL) Insurance is a crucial aspect of car insurance coverage. PDL insurance becomes essential in the unfortunate event of an accident where you are found at fault. It is mandatory in Florida and covers damages caused to someone else’s property. Whether it’s damaging another vehicle, a fence, or even a building, PDL insurance will come to your rescue in these situations. This coverage ensures you won’t have to bear the financial burden alone when repairing or replacing damaged property.

Uninsured/Underinsured Motorist Coverage

Uninsured/Underinsured Motorist Coverage can be a lifesaver if you find yourself in an accident with a driver without insurance or sufficient coverage. Let’s face it, not everyone on the road follows the rules and carries proper insurance. But that doesn’t mean you should be left to foot the bill for their negligence. This type of coverage means that your insurance company will step in and provide compensation for your damages when the at-fault driver is uninsured or underinsured. It offers an extra layer of protection and ensures you’re not left empty-handed when dealing with someone who fails to meet their financial responsibility.

Police Report and Documentation

When it comes to car accidents, proper documentation can make all the difference. The official police report provides an unbiased account of what happened and can greatly impact liability determinations. It includes crucial details such as the accident’s date, time, location, and description. In addition to the police report, photographs of the accident scene can be powerful evidence. They capture important details that might otherwise be forgotten or disputed. These visual records help paint a clear picture of how the accident occurred and can strengthen your insurance claim. Witness statements are another valuable piece of documentation. Eyewitnesses provide objective accounts of what they saw and heard at the scene. Their testimonies carry weight in determining fault and may influence how insurance claims are processed.

Medical Records and Injuries

When it comes to car accidents, the severity and extent of injuries can have a significant impact on your claim and potential compensation. The medical records documenting your injuries serve as crucial evidence in determining the value of your case. These records provide important details about the nature and extent of your injuries, including any necessary medical treatments or procedures. Insurance companies closely review these medical records to assess the legitimacy and severity of your injuries. They consider factors such as diagnostic tests, treatment plans, medications prescribed, and expert opinions from healthcare professionals. The more comprehensive and detailed your medical records are, the stronger your case becomes in proving the impact of the accident on your physical well-being.

Witness Testimonies

Witness Testimonies: Eyewitness accounts and statements can be invaluable in car accident cases. When it comes to determining fault and allocating liability, these testimonies provide additional perspectives on the accident. The eyewitnesses may have seen details that the drivers involved were unaware of or unable to observe due to the chaos of the situation. Insurance companies and legal professionals rely on witness testimonies to gather evidence and comprehensively understand what occurred during the accident. These testimonies can help paint a clearer picture of who was at fault, which is crucial when pursuing an insurance claim or seeking compensation for injuries sustained.

Hire an Experienced Boynton Beach Car Accident Lawyer

In the aftermath of a car accident, navigating the complexities of liability and insurance can be overwhelming. Understanding the factors that affect these aspects is crucial for protecting your rights and securing the compensation you deserve. Don’t face this complex process alone; enlist the help of an experienced car accident law firm in Boynton Beach who is specialized in handling these types of cases. At Frankl Kominsky, our dedicated team understands how to navigate legal intricacies while advocating fiercely for our clients. If you’ve been injured in a car accident in Boynton Beach, Florida, or need assistance with an insurance claim related to one, don’t hesitate to reach out to us today at (561) 800-8000. Our knowledgeable attorneys are here for you during this challenging time. Trust us to fight for the compensation you deserve and help you confidently move forward.

Legally Reviewed By: Steven L. Frankl

Steven L. Frankl represents clients in cases of catastrophic injury, wrongful death, motor vehicle accidents, trucking accidents, medical malpractice, and product liability, as well as slip/trip fall accidents and nursing home neglect. Mr. Frankl’s practice is built on the pursuit of justice and fair compensation for his clients.

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