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Florida follows the law of comparative negligence. This means that if a plaintiff were partially at fault for an accident, their recovery could be reduced. Even if a plaintiff were 99 percent at fault for the accident, they could still recover one percent of the damages. This is true even if the plaintiff was speeding and not wearing a seatbelt at the time of the accident. However, if the plaintiff was intoxicated and more than 50 percent at fault for an accident in Florida, then they would not be able to recover.

About 12 other states have a 50 percent rule, which means that if a plaintiff was 50 percent or more at fault, then they cannot recover anything. The majority of states follow a 51 percent rule, which means that if the plaintiff was 51 percent or more at fault, then they cannot recover.

Should I Notify My Insurance Company Of An Accident? Am I Responsible To Notify The Other Driver’s Insurance Company?

If an individual retains an attorney right away, then their attorney will contact both insurance companies and the individual will not need to deal with that. If an individual does not have an attorney, then they should notify their own insurance company as soon as possible. The individual can be very brief about what occurred, and then seek legal advice.

An individual is not responsible for notifying the at-fault party’s insurance company. However, it may be a good idea to put them on notice, because many at-fault drivers try to avoid liability and won’t notify their insurance company of an accident, despite it being a requirement under the insurance contract. The at-fault party’s insurance company could deny coverage to their insured if their insured fails to notify them of the accident, which would negatively impact the injured party. However, if the injured party notifies the at-fault party’s insurance company, then that insurance company cannot deny coverage to their insured driver.

As a reminder, if an individual chooses to contact the at-fault party’s insurance company, they should not provide any details about their injuries; they should provide only the very basic details. An example would be, “I was rear-ended at 10:00 AM on October 1st, 2020 in Tampa, Florida at the intersection of Central Avenue and 50th Street. This amount of information should be sufficient for them to open a claim.

For more information on Impact Of Fault In An Auto Accident Claim, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (727) 900-7324 today.

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