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Who is At-Fault? A Look into Florida’s Liability Laws Following an Accident

car crashing into back of van

Seeking compensation following a car accident relies on many different factors. One of the most important elements is establishing fault. While some states have laws favoring those not at fault in an accident, others operate differently.

Florida is a No-Fault State

Florida is one of twelve states that function as a ‘no-fault state,’ meaning that each driver must have a minimum of special insurance coverage. Personal Injury Protection (PIP) is also called ‘no-fault’ insurance because it pays for the damages of each driver regardless of whose fault it is.

Minimum Required Coverage

Because Florida is a no-fault state, it requires all drivers to carry two types of insurance: personal injury protection (PIP) and property damage liability (PDL).

  • PIP - Drivers are required to have a minimum of $10,000 in personal injury protection, which helps cover any of your medical expenses or lost wages due to injury.
  • PDL - No-fault insurance does not cover damages to someone else’s property. Due to this, Florida drivers are also required to have $10,000 in property damage liability which helps pay for the cost of damaged vehicles or other property.

Pure Comparative Fault

Similar to being a no-fault state, Florida is also a ‘comparative fault’ state as it practices pure comparative negligence. This means that when receiving compensation for a car accident, the court will decide what you are paid based on the percentage you were deemed at fault. If you are found a certain percentage at fault, you will receive the remaining damages. For example, if you were found 80% at fault, you would receive 20% of the total damages.

Your Clearwater Car Accident Attorney

Idrizi Law Group is dedicated to efficient and aggressive representation. With more than 20 years of legal experience, you can be assured that your Clearwater accident attorney will fight for your rights and seek justice so that you don’t have to do it alone.

If you or someone you know has sustained an injury in a car accident and are seeking compensation, call us today at (727) 202-5499 or visit our website to schedule a free consultation.