Florida is a comparative fault state. This means that the percentage of fault assigned to each driver in a motor vehicle accident or other personal injury case is an important factor in determining how much compensation you may recover for your damages.
What Does Comparative Fault Mean?
Comparative fault means that your financial recovery in a personal injury accident can be reduced by any percentage of fault that is assigned to you. It also means that even if you were primarily at fault, you can still recover compensation for any percentage of fault that can be assigned to the other driver.
Example: Suppose an accident results in $100,000 in damages. If the other driver was 90 percent at fault and you were 10 percent at fault, you could recover $90,000 from the other driver. If the other driver was 10 percent at fault and you were 90 percent at fault, you could still recover $10,000 from the other driver.
After a car accident, anything you say to the insurance company of the other driver could be used to assign comparative fault to you – and potentially reduce your compensation from a personal injury lawsuit. Therefore, you should not say anything to the insurance company of the other driver without a lawyer’s advice.
More Questions About Comparative Fault?
For more information about Florida auto accidents call Hancock Injury Attorneys at 813-915-1110 or e-mail.