Were you injured in an automobile accident? A commonly asked question when you're in a car accident is whether or not you are able to maintain a personal injury claim even if you were partially at fault. The simple answer to this question is yes, however, Florida has a comparative negligence law which means your fault is compared to the fault of the other driver who was involved in the automobile accident. The value of your claim is then decreased by the percentage of fault you are at.
Just How Much Could I Still Receive?
If car A were to crash into car B, but car B could have acted in defense of car A, car B can be considered at 25% fault. If the personal injury case was worth $100,000, you would be able to recover 75% of that being $75,000.
How Does This Compare to Florida's "No-Fault Law"?
The "no-fault" law in Florida means that in the event of a car accident, both parties involved in the accident will turn to their own auto insurance policies for claims regardless who may have actually been at fault. To cover accidents as such, all Florida drivers must have Personal Injury Protection (PIP) insurance bundled into their auto insurance policy.
Want to know more about your car accident claim? Download my FREE guide 'What the Heck Is My Personal Injury Case Worth?' available on our website or call us at (561) 671-5995.