You were involved in a serious crash, and you know the other driver caused it. However, their insurance company is now pointing the finger at you or splitting the blame in a way that seems unfair. Is there anything you can do about it? The short answer is yes.
You have the right to challenge an unfair determination of fault, and knowing what to do could be the difference between a fair settlement and settling for less than you’re entitled to.
Why is this important?
Florida follows a modified comparative negligence rule. If you’re found more than 50% at fault for an accident, you’re barred from recovering damages at all. Below that threshold, your compensation is reduced by your percentage of fault.
Fault percentages carry serious financial weight, and insurance companies know it. They have every incentive to inflate your share of blame. For instance, if you’re found to be 40% at fault, you can only recover 60% of your damages. Fortunately, their findings are not final, and your hands are not tied.
Build a strong case
Challenging a fault determination starts with building a stronger case than the one being used against you. This means gathering and preserving evidence as early as possible, before memories fade, witnesses become unreachable or physical evidence disappears.
Start with the basics, such as photos and videos from the scene, damage to both vehicles, skid marks, traffic signals and road conditions. If traffic or security cameras captured the crash, request that footage quickly before it’s overwritten. Witness statements can also help contradict an insurer’s version of events.
Remember, the police report doesn’t settle the question of fault. Officers document what they observe and what parties report, but their findings are not legally binding. Request a copy and review it carefully for any inaccuracies. You may also engage an independent accident reconstruction expert if necessary. Their professional insights can be invaluable.
Seek legal guidance
Going up against insurance companies that prioritize their own interests can quickly become frustrating and stressful, but you don’t have to do it alone. Working with someone who understands how these cases are handled can help safeguard your rights and improve your chances of a fair resolution.