When thinking about fault in a car accident, many people believe that it is a very cut-and-dry determination: one driver is at-fault for the car accident and is responsible for the injuries and property damage experienced by another. However, while some cases are just like that, many times fault isn't always clear. Some car accidents are the result of negligence on the part of both drivers. Some accidents involve several drivers and several vehicles. Other times, liability was clear, but the at-fault party's insurance provider is trying to avoid a payout by convincing the claimant that they were to blame.
It is important to note that, regardless of which scenario best reflects your case, your ability to file a claim relies on what the evidence says and what can be proven in court far more than it relies on what the insurance company says.
Liability is usually the result of negligence. Negligence is proven by showing the following elements in your case:
Unfortunately, while showing the elements of negligence is the proper way to determine liability, many cases become more complex when other methods are used to attempt a liability determination. These methods include:
Insurance companies are in the business to make money. In order to do this, they hire insurance adjusters to evaluate the claims made against their insured, investigate the claims, and to find reasons to reduce -- or even eliminate -- the amount of compensation available. Because of this, it is important to remember that insurance adjusters are not legally required to be honest with you, and they're not in the business to help you.
Some of the lies that insurance companies will tell about fault include:
There are more than 300,000 car accidents in Florida each year, and more than 100,000 of those accidents result in injury. This means that many people are currently in the same position as you: trying to determine who was at fault and whether they're eligible to file a claim.
Florida follows a "pure comparative fault" rule in car accident cases. What this means is that if you were partially to blame for the accident that caused your injuries, you can still seek compensation from other at-fault parties. However, the compensation you receive will be reduced by the percentage of blame for the accident that you bear. For example, if you were found to be 10 percent at fault for the accident and you received an award for $100,000, your award would be reduced by 10 percent to account for your share of the fault.
Saying someone is at-fault for a car accident is one thing; proving it is another. Hiring an experienced Miami car accident attorney to assist you with your claim is crucial to a successful outcome because your attorney knows how to:
Let's talk about the facts of your case and the legal options that are available for you as you seek compensation for the expenses and impacts of your injury. Contact us today to discuss your case.
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