How Do You Determine Who Is At Fault in an Accident?
After an accident, you might wonder, “How do you determine who is at fault in an accident?” Determining who was at fault in a car accident is an important step in the insurance claim process and can affect whose insurance covers the damage.
Florida’s Pure Comparative Negligence Laws
Florida is a pure comparative negligence state, which means that the insurance company and court can find all drivers involved in an accident partially at fault.
If another driver was at fault for your car accident, you can claim compensation from the at-fault party. You’ll need to prove that the other driver was at least 50% responsible for the accident.
If the insurer determines that you were 30% responsible for your accident, then you can only claim 70% of your damages. If you are more than 50% responsible, you may not be able to claim any compensation.
How Insurance Companies Determine Who Is at Fault in a Car Accident
So how do you determine who is at fault in an accident? Insurance companies and courts review several pieces of evidence to determine fault in a car accident. These include the following:
Police Report
If the police came to your accident scene, they probably wrote a police report. This report contains valuable information about the accident, such as:
- The time and date it occurred
- The location
- The circumstances leading to the accident
- Photos of the vehicles involved
- The names of all parties involved
- Relevant information about road conditions
In some cases, the police report may contain information about who the police officer believes was at fault.
The insurance company will request a copy of the police report when determining fault. We recommend reviewing the report and ensuring that all information is accurate.
Video Footage
Video footage is crucial evidence you can use to prove you were not at fault for an accident. This is why having a dashcam is so important.
If any video footage of the accident exists, it may show evidence of the circumstances surrounding the accident. If you have dashcam footage of your accident, send it to your lawyer to review first.
Witness Testimony
If any bystanders witnessed the accident, their testimony can also help the insurance company or court determine fault. Witness testimony is not always reliable, but you may be able to use it to support your case.
Damage Analysis
If fault is still unclear after reviewing the above evidence, the insurance company may conduct a property damage analysis. Inspecting the damage to both vehicles can help the insurer paint a better picture of the accident circumstances.
For instance, if another driver rear-ended you, they’d likely have front bumper damage, and your car would have damage to the rear bumper.
Contact Our Florida Car Accident Attorneys
Having a qualified attorney on your side can be highly beneficial as you file a claim or lawsuit for your accident. Now that you know the answer to “How do you determine who is at fault in an accident?” contact our legal team at the Law Offices of Shannon J. Sagan, PA, at 561-DASHCAM (561-561-3274) to schedule your free case evaluation.
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