Car accidents are a fact of life, especially in South Florida. Whether you’re driving on I-95 or the Turnpike, a few blocks from your home, or sitting at a red light, getting hit is traumatic.
Although no one plans for an accident, knowing how to handle a car crash when you’re not at fault is essential. After 40 years of representing car crash victims, our experience car accident attorneys have created a guide to help you should you get hit.
Understanding “Not at Fault” in a Car Accident
Being “not at fault” in a car accident means you did not cause the accident due to negligence, traffic violations, or other improper behavior. Determining fault involves examining evidence such as police reports, witness testimonies, and traffic camera footage. Florida operates under a no-fault system, meaning drivers are responsible for their damages in an accident, but at-fault drivers are still responsible for damages to others. Understanding what it means to be “not at fault” and knowing the different types of accidents where you might not be liable is crucial for navigating the legal landscape.
Common Scenarios Where You May Not Be at Fault in an Accident
Whose at fault in these typical scenarios?
- Rear-End Collisions: The driver who rear-ends another vehicle is usually at fault for not maintaining a safe distance.
- Side-Impact Accidents: Often occur when a driver runs a red light or ignores a stop sign, causing a T-bone collision.
- Chain-Reaction Crashes: When multiple cars are involved, the driver who initiates the crash may be held responsible for the subsequent collisions.
- Weather-Related Incidents: Poor weather conditions can lead to accidents where no single driver is clearly at fault, but specific insurance policies may still provide coverage.
Understanding these types of accidents is vital in knowing who should cover the damages.
Who Covers the Costs After a No-Fault Car Accident in Florida?
When you’re involved in a car accident that wasn’t your fault, the other driver’s insurance typically pays for your damages, such as car repairs and medical expenses. In states like Florida, which operate under a no-fault insurance system, your insurance initially covers your medical costs under Personal Injury Protection (PIP). However, the at-fault driver’s insurance will generally be responsible for vehicle damages. If their policy does not cover all the costs, your underinsured motorist coverage can step in. To secure the compensation you deserve, following the correct steps immediately after the accident is essential.
Essential Steps to Take After a Car Accident That Wasn’t Your Fault
Here’s a step-by-step guide to help you manage the situation effectively if the accident wasn’t your fault:
- Check for Injuries and Seek Medical Attention: Your safety and that of your passengers is the top priority. Call emergency services if anyone is injured or visit your ER or Medical Clinic immediately, even if you don’t feel injured. Some injuries may not be immediately apparent, and a medical report can be vital evidence. Click here to learn about hidden injuries.
- Gather Compelling Evidence: Take photos and videos of the scene from multiple angles, focusing on vehicle damage, traffic signals, and skid marks. Tips on taking pictures at an accident scene can be found here.
- Exchange Information: Obtain contact and insurance information from the other driver and collect any witnesses’ names and contact details. Their statements may be invaluable if there is a dispute.
- Be Careful with Your Words: Avoid making statements that could be interpreted as admitting fault or responsibility, even casually. Stick to the facts when speaking with police, other drivers, or witnesses.
- Secure a Copy of the Police Report: The police report may contain the officer’s initial assessment of fault, which can support your case.
- Notify Your Insurance Company: Report the accident to your insurance provider as soon as possible and provide them with all the evidence you’ve gathered to ensure a smooth claims process.
- Seek Legal Advice: Consulting a car accident attorney is wise, even if you’re not at fault. An attorney can guide you through the claims process and help you recover the total compensation you deserve.
Bonus Step: NEVER share your accident on social media. Posting “I’m fine” or “It’s not that bad” can and will be used against you. Read this article to understand why.
The Whys, Whos, and Why HLA In Hiring a Personal Injury Attorney.
Why? Despite the old State Farm commercial, you are not in good hands with your insurance company. Their primary goal is to reduce the amount they pay out for accidents. One study showed that participants who hired a lawyer walked away with an average of $77,600 compared to an average of $17,600 for those who represented themselves.
And many cases are not as straightforward as they seem. In some car accidents, a third party may be at fault, such as a car manufacturer for a vehicle defect or a local government for poor road maintenance. Establishing third-party liability often involves expert testimony and specialized evidence. A young woman called our firm after being turned down by other PI firms after she was hurt by a hit-and-run car in downtown Miami. John Agnetti built a case against the city and the construction company doing road work, resulting in a $1M settlement. Read here to see how.
Who? Well, there isn’t a shortage of accident attorneys in Florida. Numerous firms tout their million-dollar settlements, and our firm is no different. However, few cases fall in the catastrophic category, and too often, especially in large firms with multiple offices across many states, the smaller cases fall through the cracks. Look at firms with the experience and expertise in our South Florida market, firms with a reputation built over decades, and firms who have earned the loyalty of their clients. We advise that you speak with at least three personal injury firms (make sure you speak with an attorney and not an intake specialist).
And don’t be taken with the No Fee Unless We Win ad: car accident cases are always taken on a contingency fee, which means you don’t pay unless you win your case.
Why choose Hoffman, Larin & Agnetti? With 40 years in business and millions collected, 85% of our clients are referred by existing or prior clients and even other attorneys.
Call us 24/7 @ 305-653-5555, Text us @ 305-653-1515, email us at [email protected] or fill out the form on this page.
Hoffman, Larin & Agnetti
Experience and Results Matter.
