Determining Fault in Florida Car Accidents: What You Need to Know

When a car accident happens in Florida, one of the most important things to figure out is who is at fault. Determining who caused the accident is key in deciding who should pay for damages, medical bills, and other costs. Knowing how fault is determined in Florida car accidents can help you understand your rights and responsibilities if you are ever involved in a crash.

Florida follows its own set of rules for car accidents, making it a bit different from other states. These rules affect how insurance claims are handled and who is responsible for the costs of the accident. It is important to know these rules so you can make informed decisions if you are in an accident. At, Serrano Law , we are here to guide you through the legal process and help you navigate the complexities of your case.

Understanding Florida’s No-Fault Law

Florida is one of the few states that follows a no-fault law for car accidents. This means that after a car accident, each person’s insurance company pays for their own medical expenses and lost wages, no matter who caused the accident. This can sound confusing at first, but it is designed to make sure people get the help they need right away without having to wait for long legal battles over who is to blame.

Even though Florida has a no-fault system, fault is still important when it comes to paying for damages to your car or for any other losses that go beyond what your insurance covers. If the accident causes serious injuries, you may have the option to step outside the no-fault system and file a lawsuit against the driver who caused the accident. This is where determining fault becomes very important.

How Fault is Determined in a Florida Car Accident

Figuring out who caused a car accident in Florida often involves looking at several different factors. This can include talking to the drivers involved in the crash, gathering information from witnesses, and examining the scene of the accident. Police officers play a big role in this process by writing up a report that explains what they believe happened and who they think is at fault. However, the police report does not always determine final fault in the legal sense, though it can be used as evidence.

Michael Serrano

Founding Attorney

Candace “Cea” Hartley

Associate Attorney

Insurance companies will also look at the evidence to decide who was at fault. They may look at photos of the accident scene, damage to the vehicles, and statements from the people involved. Sometimes, the insurance companies will agree on who was at fault. Other times, they may not agree, and it might take longer to settle the claims.

It is important to note that Florida uses what is called “comparative negligence.” This means that fault can be shared between the drivers involved in the accident. For example, if one driver was speeding and the other ran a red light, both drivers could be found partly at fault. In this case, each driver’s responsibility for the accident would be based on their level of fault.

Comparative Negligence in Florida

Florida follows the rule of “pure comparative negligence.” This rule means that even if you are partly at fault for the accident, you can still recover damages. However, the amount of money you receive will be reduced by your percentage of fault. For instance, if you are found to be 20 percent at fault for the accident and the other driver is 80 percent at fault, you can still recover 80 percent of the total damages.

This is different from some other states where you cannot recover any damages if you are found to be more than 50 percent at fault for the accident. In Florida, you can recover damages even if you are mostly at fault, but the amount you receive will be adjusted to reflect your share of the blame.

This is why it is important to have strong evidence that shows the other driver’s fault. The more evidence you have to show that the other driver caused the accident, the better chance you have of recovering the full amount of damages you deserve.

Mike Serrano’s law office was everything I needed after a very traumatic accident. He was always super up front and honest with me. I never got the feeling he was trying to sell me on something or to do something that I wasn’t comfortable with. He listened to my concerns and when it tough moments came that I needed to stand my ground. He backed me and made me feel 100% secure. He got me exactly what I needed in a settlement and I would never consider using anyone else. His office staff is also phenomenal.”

- Mary

Mike Serrano was a great attorney for my case!! He was very flexible with phone calls/ Zoom meetings. His staff are always friendly, whether it be on the phone or emails. They keep you updated during your entire case! They don’t leave you silent for months. if you call, they always call back with updates! Highly recommend!"

- Kylie Collier Border

I’ve never had to deal with a lawyer before but Mike has set the bar HIGH. He was always available to communicate my concerns and explain each step of the way. I know no other lawyer would have been able to achieve the same results because he jumped on an opportunity that was a little out of the ordinary and it paid off. He really fought for my case and over delivered. I really hope I never have another accident but if I do I’m running to Mike for help."

- Sandy Carter

The Role of Insurance in Florida Car Accidents

In Florida, every driver is required to have two types of insurance: Personal Injury Protection (PIP) and Property Damage Liability (PDL). PIP covers your medical bills and lost wages after an accident, no matter who was at fault. PDL covers damage you cause to someone else’s property in an accident.

While these insurance policies help cover some of the costs after an accident, they do not cover everything. PIP only covers up to a certain amount of medical expenses, and PDL only covers damage to someone else’s property, not your own. If your damages go beyond what your insurance covers, determining fault becomes important, especially if you need to seek compensation from the other driver’s insurance.

In cases of serious injuries, Florida law allows you to step outside the no-fault system and file a lawsuit against the at-fault driver. This can allow you to recover additional damages, including pain and suffering, that are not covered by your insurance.

Steps to Take After a Car Accident in Florida

If you are involved in a car accident in Florida, it is important to take certain steps to protect your rights and help determine fault. First, you should call the police to report the accident. The police will write up a report that can be used as evidence in determining who was at fault. Make sure to get a copy of this report for your records.

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You should also exchange information with the other driver, including names, phone numbers, and insurance details. If there are witnesses to the accident, try to get their contact information as well. Taking pictures of the accident scene, damage to the vehicles, and any injuries can also help support your claim.

It is also important to seek medical attention, even if you do not think you are seriously injured. Some injuries, like whiplash or concussions, may not show up right away but can cause problems later on. Getting medical care not only helps protect your health but also creates a record of your injuries that can be used in your case.

What to Do If You Are Partly at Fault

If you believe you were partly at fault for the accident, you should still report the accident to your insurance company and provide them with the details. It is important to be honest with your insurance company, as they will investigate the accident to determine your level of fault. Trying to hide information or not reporting the accident could hurt your case later on.

Even if you are partly at fault, you may still be able to recover damages from the other driver, depending on the circumstances of the accident. Your insurance company and any legal representatives you work with can help you understand your rights and what steps to take next.

Case Results

Car Accident

This client was injured in an auto accident with a driver who improperly merged into her lane. Her vehicle was totaled. She sustained an aggravation of her pre-existing disc herniations in her neck and new disc herniations in her lower back. We obtained the full limits of both the at-fault driver’s bodily injury coverage and our client’s underinsured motorist coverage, which were significant. The settlement was achieved without a law suit and within four months after the client finished treating.

Rear End Collision

This particular client was injured in an accident in late 2015 when she was rear-ended. She sustained an aggravation of pre-existing disc herniations in her neck and a new disc herniation which ultimately required a surgical fusion. By the time of trial, her medical bills exceeded $180,000.00. The Defendants’ offer pre-suit was $20,000.00. We were able to obtain a jury verdict of $441,000.00, plus attorneys’ fees.

Car Accident

A client was injured in a rear-end collision where he sustained an aggravation of a pre-existing disc bulge that developed into a herniation in his lower back. We obtained a jury verdict which was over 6 times what had been offered prior to trial.

Car Accident

In this case, our client injured her shoulder after being struck by a vehicle while she was performing volunteer services. The driver was traveling at such a high rate of speed entering a parking lot that he clipped another vehicle, hit a parking barrier and was launched into a tree. After the client attempted to negotiate with the insurance company prior to hiring us, we were able to obtain an amount that was over double the prior offer.

Intentional Torts

Our client was injured from an assault by a patron of a party while working security. His shoulder required multiple surgeries. He hired our office to pursue a claim to recoup his medical bills, which exceeded $130,000.00. After his assailant offered him $10,000.00 to resolve his case, we took the case to a jury to decide. The jury awarded our client all of his medical bills and tripled his award for pain and suffering.

Car Accident

This client came to us about a car wreck that occurred in 2014 where she sustained injuries. She approached our firm just one week before the statute of limitations was set to expire after being turned away by several other law firms. We filed a lawsuit and were able to obtain the limits of the at-fault driver’s bodily injury coverage and an additional settlement from the client’s insurance carrier.

Truck Crash

This couple was injured in an automobile accident after they were rear-ended in a seven-car pileup caused by a semi-trailer. Of the 15 people who made claims on the same insurance policy, our clients each received the second and third highest offers, which covered all of their past and future medical bills and their attorney’s fees.

Truck Crash

In this case, our client was injured from a rear-end collision with an eighteen-wheeler. Her original lawyer procured a settlement offer of $7,000.00 to settle her case. Because the offer did not approach the amount of bills she incurred from accident related treatment, she came to our firm for a consultation. She decided to hire us. We promptly filed suit and obtained a settlement for her.

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Why Legal Help Can Be Important

Determining fault in a Florida car accident can be complicated, especially if there are disagreements between the drivers involved or if multiple factors contributed to the accident. In these cases, it can be helpful to work with an attorney who understands Florida car accident laws and can help you gather the necessary evidence to prove fault.

An attorney can also help if you are dealing with insurance companies that are trying to deny your claim or offer a settlement that is less than what you deserve. In some cases, you may need to take legal action to recover the full amount of damages you are owed. Having an attorney on your side can make this process smoother and help you get the best possible outcome.

How an Attorney Can Help Prove Fault

An attorney can help you collect important evidence, such as witness statements, traffic camera footage, and analysis of the accident scene. They can also work with your medical providers to document the full extent of your injuries and the long-term impact they may have on your life. This information is crucial in building a strong case that shows the other driver’s responsibility for the accident.

In cases where fault is shared between drivers, an attorney can help ensure that your share of fault is calculated fairly. This can make a big difference in the amount of compensation you receive, especially if you are facing significant medical bills or other financial losses.

If you have been in a car accident in Florida and need help determining fault, Serrano Law can guide you through the process. Our team understands Florida’s car accident laws and can help you gather the evidence needed to build a strong case. We are committed to helping you recover the compensation you deserve, whether through negotiations with insurance companies or legal action. Reach out to Serrano Law today to discuss your case and learn more about how we can help you.