How To Dispute A Car Accident Fault With Other Driver’s Insurance

After being injured in a car accident in Tampa, most people do not expect there to be car accident fault disputes. However, insurance companies often attempt to deny claims by shifting fault, even to the injured person. Navigating the complexities of proving fault for a car accident in Florida can be challenging. So, when you are told you are at fault, it is important to know how to dispute it with help from a Tampa car accident lawyer.

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What Are the Steps To Dispute Car Accident Fault in Tampa, FL?

Florida is a no-fault state, meaning you will initially file your injury and damage claim with your own insurance. If your insurance does not cover all of your losses, you may have grounds to sue the at-fault party. While you do not expect your insurance company to say you were at fault, it is not out of the question. Insurance companies are in business to make money, not pay it out in claims. 

So, if the insurance company or the other party says you were at fault, there are specific steps you can follow to dispute it, as follows:

• Contest the insurance company’s decision: You have the right to dispute the decision of fault made by your insurance company or the other party.
• Contest any traffic violations: If you were issued a citation for a traffic violation, it is important to dispute it. Traffic violations are another factor used to determine fault.
• Gather evidence to support your claim: Evidence is key to showing who was at fault, so you will want to ensure you gather as much evidence as possible. 
• Review the police report for inaccuracies: Insurance companies often rely on police reports to determine fault. Review the police report for your accident and dispute any inaccuracies. 
• Get help from an experienced Tampa attorney: The last thing you want to deal with when recovering from a car accident is dealing with filing a dispute about fault and getting the settlement you deserve. Hiring a Tampa car accident attorney can make it much easier to win your dispute. 

Determining Fault in a Car Accident Case

Fault determination in a car accident case depends on police reports, witness statements and insurance company investigations. The accident report issued by the police officer often plays a central role but it can contain errors. Insurance companies tend to prioritize profit over fair compensation so disputing fault effectively requires documenting the accident scene, gathering critical evidence, and notifying your insurance company in writing if you disagree with their fault finding.

How Can I Gather Evidence To Dispute Car Accident Fault?

Evidence should be gathered at the time of the car accident if possible. Yet, when you have severe injuries, this is not possible. Essential evidence you should have are pictures and videos of the accident scene, witnesses’ contact details, and the police report. It is also helpful to record your own testimony on your phone at the time of the accident if you can. 

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How Long Do I Have To Dispute Car Accident Fault in Florida?

The time you have to dispute car accident liability in Florida can vary based on the insurance company. Generally, once you receive notice that your claim was reduced or denied, you have 14 days to file a dispute. So, you need to act quickly. Otherwise, you could lose the right to appeal.

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What Are My Rights When Disputing Car Accident Fault in Tampa, FL?

Florida Statute 624.155(1) states, “Any person may bring a civil action against an insurer when such person is damaged.” This means you have the right to compensation for damages from your or the other party’s insurance company. You also have the right to file a dispute when you disagree with the initial decision. Additionally, you have the right to hire an experienced personal injury attorney to represent you. 

How Can I Prove the Other Driver Was at Fault in a Car Accident?

Proving the other driver was at fault involves gathering sufficient physical evidence to support your claim, including:

• Pictures
• Videos
• Witness statements
• Your statement
• Police report
• Traffic camera and business camera video footage

Hiring an experienced car accident lawyer makes gathering the necessary evidence to prove fault much easier. 

What Happens If Both Parties Are Found Partially at Fault?

Florida car accident laws require using comparative negligence when both parties are found partially at fault. This means that as long as you are 49% or less at fault, you can still sue the other party for your losses. However, your settlement is reduced by the percentage you were at fault.  

Legal Framework for Disputing Fault in Florida 

Florida follows a modified comparative negligence rule: you can recover damages only if you are 50% or less responsible. If both parties share fault, your compensation is reduced by your percentage of fault. Florida law also requires drivers to carry $10,000 in PIP coverage, which pays medical expenses and lost wages regardless of fault. You generally have two years from the date of the accident to file a lawsuit for accidents occurring on or after March 24, 2023.

How Can a Car Accident Attorney Help in Disputing Fault?

A car accident attorney in Tampa has extensive knowledge of Florida tort laws, personal injury laws, and traffic laws. They are familiar with insurance companies’ tactics to deny claims and shift fault. Hiring an attorney provides you with several benefits when disputing fault, including:

• Your lawyer will gather any additional evidence to show you were not at fault
• Your lawyer will file all paperwork, documentation, and appeals with the insurance company
• Your lawyer has access to expert witnesses that could be used to prove you weren’t at fault
• Your lawyer will challenge any further disputes with the insurance company on your behalf to protect your right to full compensation
• Legal representation alleviates stress and anxiety associated with disputing fault, allowing you to focus on healing and recovery from your injuries

What Is the Role of an Accident Reconstructionist in Disputing Fault?

An accident reconstructionist is an expert witness whose primary role is to take all the data about the accident and determine the fault. They take the weather conditions, time of day, speed of both vehicles, the direction they traveled, and information from the police report. They plug all this into a complex computer simulation to show precisely how the accident occurred and who was at fault.  

Are There Any Specific Florida Laws That Affect How Car Accident Fault Is Disputed?

How car accident fault disputes are handled in Florida is usually determined by the underwriting insurance company’s specific guidelines, policies, and procedures. However, there are a few Florida car accident laws relating to mandatory insurance requirements and deadlines for filing injury claims, as follows: 

• Since Florida is a no-fault state, insurance requirements require all drivers to have a minimum of $10,000 in PIP and PDL coverage
• The Statute of Limitations for filing an injury claim for car accidents is two years from the date of the accident

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Get Help Disputing Car Accident Fault Today From Our Tampa Car Accident Lawyers

If an insurance company has lowered your settlement offer or denied your claim, get professional legal help disputing car accident fault from Jack Bernstein, Injury Attorneys. Our team provides the legal representation you need to deal with insurance disputes and ensure a positive outcome. We will assist with gathering evidence, filing disputes within the allowed time limit, and advocate on your behalf. Get the help you need today to ensure you get the compensation you deserve.

Frequently Asked Questions (FAQs)

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