If you were partly at fault for a crash, you may wonder if it will impact your ability to recover damages. Well, it could, or not. The real answer to that depends on the particulars of your case, as explained below.
Florida is a no-fault state when it comes to car accident claims. As such, you are required to file a claim with your personal injury protection (PIP) insurance after an accident. Your PIP will cover a portion of your medical bills and lost wages, regardless of your contribution to the crash. However, it does not compensate you for non-economic damages like pain and suffering.
How partial fault affects compensation
You can seek additional compensation by filing a claim or lawsuit against the other driver if your injuries are severe and your medical costs exceed your PIP coverage. Some of the damages you may recover with such a claim include:
- The total cost of your present and future medical expenses
- Pain and suffering
- Emotional distress
- Lost present and future wages
- Diminished quality of life, among others.
Unlike a PIP claim, your degree of fault for the crash is a crucial consideration when pursuing legal action against the other driver. Under Florida’s comparative negligence rules, you can only recover damages if you are 50% or less to blame for the crash. Additionally, your level of contribution will proportionally reduce your potential compensation. For example, if you were 40% at fault, you can only recover 60% of your total damages.
The importance of seeking qualified legal guidance if you partially contributed to an accident cannot be overemphasized. It can help you navigate the legal complexities inherent in such cases, protect your rights and ensure you get a deserving settlement.