Florida follows a legal rule called comparative negligence. This means that when someone gets hurt in a car crash, they might still be able to get money even if they were partly at fault. But the amount of money they can get goes down depending on how much of the crash was their fault. Florida used to follow something called pure comparative negligence. That allowed people to collect money even if they were mostly at fault. In 2023, the law changed. Now Florida uses something called modified comparative negligence. Under this rule, you can only collect money if you were less than 51 percent at fault. If you were 51 percent or more at fault, you get nothing.
What This Change Means After a Car Accident
After a crash, the insurance companies and lawyers will look at what happened to decide who caused it. Maybe one driver ran a red light. Maybe another was texting. Maybe both made mistakes. The new law means that everyone’s actions will be looked at closely. If you file a claim, the other side might try to say you were more than 50 percent to blame. That way, they don’t have to pay you anything. If they succeed, you won’t get help with your medical bills, car repairs, or time missed from work.
An Example of How This Works
Let’s say you were in a car accident and your damages total $100,000. If it’s found that you were 20 percent at fault, then you can still recover money. But you won’t get the full amount. Instead, your recovery will be reduced by your percentage of fault. So, you would get $80,000. But if you were 51 percent at fault or more, you would get nothing at all. That’s why figuring out the fault percentage is so important in these cases.
How Fault Is Decided in Car Accident Claims
Deciding who is at fault is not always simple. Police reports, witness statements, photos, and even video from nearby cameras may be used. The insurance companies do their own investigations. If your case goes to court, a jury might decide who was responsible. Every detail matters. Even a small mistake, like not using a turn signal, might be used against you. That’s why it’s important to know what happened and have the right information ready.
Michael Serrano
Founding Attorney
Candace “Cea” Hartley
Associate Attorney
Why Insurance Companies Use This Law to Their Advantage
Insurance companies are in business to make money. That means they often try to pay out as little as possible. When they see a chance to blame you for part of the crash, they may use it. They might try to say you were speeding. Or they might say you were not wearing a seatbelt. Even if those things didn’t cause the crash, they might say it made your injuries worse. That’s how they lower what they have to pay. The more fault they can place on you, the less money you get.
What You Should Do After a Crash
After a crash, it’s important to act fast. Call the police and get a report. Take pictures of the cars, the road, and any injuries. If there are people who saw what happened, get their names and phone numbers. Go to the doctor, even if you feel okay. Sometimes injuries take time to show up. Keep all your records, including doctor visits and bills. The more proof you have, the stronger your claim will be.
How Comparative Negligence Impacts Settlements
When the insurance company offers a settlement, they are thinking about fault. If they believe you are partly to blame, they will offer you less. Sometimes, they will offer money quickly, hoping you take it before learning your rights. That’s why you need to know how the law works. If you take the first offer, you might get far less than what you need. You don’t have to accept right away. You have the right to ask questions and even to say no.
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
What Happens If the Case Goes to Court
If a fair settlement cannot be reached, the case might go to court. This is where comparative negligence really matters. The jury will look at all the facts and decide who was at fault and by how much. They will decide how much money you should get and reduce it by your percentage of fault. The court will not round up or down. If you are exactly 51 percent responsible, you lose. That one percent can change everything.
Important Things to Remember About Florida’s Law
The current rule applies only to injuries that happened on or after March 24, 2023. If your crash happened before that date, the old law may still apply. That’s why it is important to know the date of your accident. This rule only applies to negligence cases like car crashes. It does not apply to claims like medical malpractice. Florida’s law is different from other states. If you are from out of state and get in a crash here, the rules may be different from what you are used to.
Why Fault Is Not Always Clear
Some crashes have clear causes. One driver was drunk. Another ran a stop sign. But most cases are more complicated. Maybe a driver swerved to miss a pothole. Maybe there was bad weather. In many crashes, more than one thing went wrong. And each of those things can affect the percentage of fault. That’s why each case must be looked at on its own. What happened in someone else’s crash may not apply to yours.
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What to Watch Out for When Dealing With Insurance
Insurance companies have trained people who deal with these cases every day. They may seem friendly, but they have one goal. They want to save money. They may record your statements. They may ask tricky questions. They may try to get you to say something that makes it sound like you were at fault. You do not have to answer all their questions right away. You have the right to take your time and get advice.
Understanding Time Limits for Filing a Claim
Florida law gives you a certain amount of time to file a claim after a crash. This is called the statute of limitations. If you wait too long, you lose your chance to ask for money. As of 2023, the time limit for most car accident cases is two years. That’s shorter than it used to be. The clock starts on the day of the crash. If you were a child when it happened, or if the crash involved a government vehicle, there might be different rules. That’s why it’s important to act sooner rather than later.
What to Do If the Other Driver Was Uninsured
Sometimes the other driver has no insurance. Or maybe they don’t have enough. Florida drivers are required to have insurance, but not all follow the law. If this happens, you might need to use your own insurance. You may have coverage for this kind of situation. It’s called uninsured or underinsured motorist coverage. This is another reason why understanding your policy is important. Even your own insurance company might try to reduce your payment using comparative negligence rules.
Staying Safe and Protecting Your Rights
No one plans to get in a car accident. But if it happens, knowing the law can help you. Florida’s comparative negligence rule makes things more complex. It is not just about who hit who. It’s about percentages and blame. Every decision you make after the crash matters. From the pictures you take to the forms you sign, each choice can impact your claim.
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Know What Steps to Take Next
If you’ve been hurt in a crash in Florida, don’t wait to get help. The rules are not easy to understand, and even a small mistake can cost you. You may have hospital bills, lost wages, or lasting pain. Knowing how Florida’s comparative negligence law affects car accident claims can be the first step to getting what you need. At Serrano Law, we can help explain your rights and guide you through each part of your case. Let us help you protect your future. Call us today to learn how we can stand by your side.
