Who Do I Sue After A Port Charlotte Auto Accident?
Understanding The Claims Process For Auto Accidents
To get compensation for your injuries, you will need to open up a claim with your insurance company. That means notifying them of the accident when it happens. When you speak to them, stick to the facts. Insurance companies are not on your side when it comes to filing claims. So they will try to use your own words against you. Once you have opened the claim, you will also provide them with the insurance information about the other driver(s) involved in the accident. It is the insurance companies that pay for the damages, not individuals. There are exceptions of course, but in general your compensation will come from either your insurance company, their insurance company, or both.
What Is Liability?
Next you need to understand liability. Liability is a legal concept that states that if you caused damages, you have to pay for them. Liability is determined by three simple concepts:
● Duty: In the case of auto accidents, we all have a legal duty to follow traffic laws and drive in a way that helps reduce risk.
● Breach Of Duty: You have to prove their legal duty was breached. For example, if a driver hit you while speeding. They were in breach of their duty to follow traffic laws.
● Causation And Harm: Finally you have to show that the breach of duty caused you harm. For example, because they were speeding, they hit your vehicle which caused a slipped disc in your back.
Proving liability is extremely important in all accident cases. However, it is especially important in the state of Florida because we use a comparative fault system.
What Does Florida Law Say About Liability
Florida courts look at the entire circumstance and understand that there is not always one singular cause of an accident. So they review your case to determine fault assigned on a percentage. For example, say you are about to make a turn at a red light but you don’t use your turning signal. Another driver runs the red light and hits you. In this case, the courts may assign you 20% responsibility and 80% to the other driver. Comparative fault then impacts the value of your claim. For example, if your claim is worth $10,000. You will only receive 80% or $8,000 as you are considered 20% at fault.
How An Attorney Can Help
Since Florida uses a comparative fault system, it’s really important to prove liability. The best way to do this is by working with an auto accident attorney. Attorneys know exactly how to prove liability. They will also investigate the accident to see if more than one party is liable. In some cases, the vehicle or parts manufacturer may be responsible for the accident and not just the other driver. Attorneys will make sure that all of the people liable for your accident are held to account.
To learn more about working with an attorney after your auto accident case, give us a call at 1-941-625-4878. You can also chat with us on our website. We will provide a free case review and help you understand your legal options. Then if you decide to work with us, we’ll handle everything. For over 30 years, we’ve been helping auto accident victims like yourself receive full and fair compensation under the law. We can help you.