Taking these key steps can help you avoid costly mistakes that could ruin your car accident claim
Even though most automobile accidents are “accidental,” the person who caused the accident can still be held liable or “at fault” through a personal injury lawsuit. The at-fault party is responsible for the economic and non-economic costs the other party incurs as a result of the accident. This includes repairs to the other party’s damaged vehicle, medical expenses (e.g., emergency room visits, doctor bills, therapy, etc.), lost wages (past and future), pain and suffering, and more.
Because the liable party’s insurance company covers the expenses created by the accident, the person who is determined to be “at fault” will likely see an increase in their auto insurance and may even be seen as a “high risk” driver, so it’s crucial that you don’t admit fault or make any other mistakes that could jeopardize your claim.
It’s also important to know that Florida uses a modified comparative negligence system to determine fault. Under this system, fault can be split among multiple people or parties involved in the accident, so it’s a good idea to be aware of some things you should and shouldn’t do after a car crash in Tampa to minimize your liability and prove the fault of the other party.
Below are 5 essential steps to take after a Florida car accident to protect your rights and maximize your compensation in a personal injury claim.
STEP 1: Do NOT admit fault at the scene.
While you are exchanging insurance information or filing an accident report with the local police department, be sure to give facts as you remember them. Even if you feel that you may have contributed to the incident, the accident could have been caused by another occurrence which you weren’t even aware of and can therefore be anything but cut-and-dry. Admitting fault will make you responsible for the accident.
STEP 2: Collect evidence.
Be sure to take pictures of each vehicle involved and where they were located at the time of the crash, if possible. If any outside witnesses saw the crash occur, take their statements and contact information because you may need them later on. Their version of events could help determine which party was really at fault.
STEP 3: File a police report.
The police report will be very important during the investigation to determine liability. Because neither insurance company wants to be responsible for the costs of the accident, the police report will be reviewed in-depth by each side as a neutral resource. Police should also ask any individuals who witnessed the accident to make a statement for the report, as the point of view from a neutral party may be to your benefit.
STEP 4: Observe and document the driving conditions at the time of the incident.
Be conscientious of any posted speed limits, stop signs, school zones, “no turn” signs, etc. that may or may not have been present at the time and place of your accident. If a car involved in the accident was turning but did not have their turn signal on at the time of incident, proving that the signal was not flashing at the time of impact may be enough to establish fault in a case.
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STEP 5: Obtain legal advice.
If you are unsure as to how liability for your car accident may affect your defense or your recovery, an experienced personal injury attorney will have the right expertise to evaluate your collected evidence and build your defense. In addition, an attorney with appropriate knowledge and skill will be able to work with the liable insurance company to ensure you are getting the maximum compensation amount for your accident.
How can I find the best Tampa car accident attorney near me?
If you or someone you love has been involved in a serious car accident in Florida, the skilled Tampa car accident attorneys at Lorenzo & Lorenzo can help.
We have extensive experience in Florida car crash claims, so we know the tactics insurers use to reduce your compensation and how to combat those efforts. We can investigate your case, gather necessary evidence to prove the fault of the other party, and negotiate with the insurance company on your behalf to get you maximum compensation.