Been in a Car Accident? Know Your Rights and Obligations

Been in a Car Accident? Know Your Rights and Obligations


Car accident: something we of course never want to happen, but the risk is always there. When an accident occurs, it’s normal for us to feel shock and find it difficult to think clearly. Even so, it is important to always know the chronology of events and the next steps we must take, including the division of responsibility for injuries that may occur.You may know that when it comes to auto accident liability, Florida is a “no-fault” state. However, many people do not fully understand what that means, especially if someone is injured. A consultation with a car accident lawyer Hernando County fl can help clear up the confusion. It is also a good idea if you are involved in a serious mishap. In the meantime, here are some basic helpful facts.

What Is “No-Fault”?

In most states, insurance in accident situations is handled adversarially, meaning that the driver whose actions resulted in the collision is financially responsible for any resultant injuries. Since very few people have the financial resources to meet such obligations, every motorist is required to carry basic liability coverage at the very least. Liability is usually determined by traffic enforcement and is based on statements from witnesses and accident victims, and these days, video evidence when available. If the insurance policy of the liable party is insufficient to cover the injured party’s claim, the latter can file a lawsuit against the former.

Florida is one of a dozen no-fault states. In these jurisdictions, liability is irrelevant; each party’s damages and injuries are covered by their own respective insurers. Instead of liability coverage, motorists are required to have Personal Injury Protection as well as Property Damage Liability coverage. This reduces the number of lawsuits and streamlines the indemnification process.

Why Do I Need a Car Accident Lawyer?

Maybe all you have to do after a car accident is seek medical attention. The reason is that you need proof of any medical treatment you may need. You should be aware that the insurance company from which you make a claim may not always act in your best interests.

Instead of bringing a lawsuit against the responsible party, an injured party may have to sue their insurance carrier. This usually happens if the insurer appears to act in bad faith, or the insured believes their settlement was inadequate or unfair. If this is the case, it is a good idea to get legal counsel. You can also file a complaint with the Florida Insurance Commissioner’s Office.