You’re proud of your driving record. You’ve managed to avoid driving infractions like speeding
tickets. Even your accident record is clean. Yep, you’re considered a dream client by your
insurance provider. However, with around 1,933 car accidents daily in Alachua County there’s a
good chance your spotless driving record is going to be dinged.

Recovering compensation after a Florida car accident is often easier said than done. You’re
navigating the state’s insurance laws which include establishing negligence. This takes a little
more than pointing your finger at the other driver. Yep, there’s a process you need to go
through.

Understanding Florida’s No-Fault Insurance Rule

Unfortunately, it finally happened. You’re in an auto accident and it’s more than a simple fender
bender. You suffered injuries and extensive property damage. The first item on your to-do list is
contacting your auto insurance provider. Have the number ready for your PIP insurance, you’re
going to need it.

Florida is one of about 12 or so states following no-fault insurance rules. Before you think the
Sunshine State is tossing negligence out the window, this isn’t quite what no-fault insurance
means. All accident victims regardless of fault file a claim with their insurance provider.

As long as you have full coverage, your property damage should be taken care of by your
policy. At least up to your policy’s cap. Okay, you’ve got the claim going on your property
damage, now it’s time to turn to your PIP (personal injury protection) provider.

Your PIP policy takes care of some or most of your medical expenses. PIP can also cover part
of your lost income. PIP pays up to your policy’s cap or 80% of your medical expenses and lost
wages, whichever comes first. PIP is never going to pay more than 80% of these costs,
regardless of your policy’s cap. So, you’re always going to be out at least 20% of these
damages.

We should also mention no-fault insurance doesn’t take care of non-economic losses like pain
and suffering. To recover the rest of your damages, you need to file an accident claim against
the at-fault driver. This is when negligence becomes a crucial factor.

What is Negligence?

The legal definition of negligence is pretty straightforward. Anyone failing to show the same
level of care as a reasonable person in the same situation is probably guilty of negligence.
Feeling a bit confused? Don’t worry, here’s a quick example.

A reasonable driver will stop at a red light. An unreasonable driver will ignore the traffic signal.
This behavior places others at risk. Since the driver is engaging in unreasonable behavior
(running the red light), they’re guilty of negligence.

So far, this sounds pretty easy. You only need to show the other driver’s behavior isn’t that of a
reasonable person. Unfortunately, like pretty much everything else in the legal process, there’s
a little more to proving negligence. You must meet the four key elements of negligence. Yep, it’s
a legal requirement if you’re planning on moving forward with a personal injury claim.

Duty of Care

Pretty much everyone owes someone a duty of care. This is just a fancy legal way of saying you
must behave in a way that doesn’t place others at risk. Physicians owe their patients a duty of
care. Even your auto mechanic owes you a duty of care.

All motorists also owe everyone else on the road a duty of care. This means following all traffic
laws and operating your motor vehicle in a safe manner.

Breach of Duty

A breach of duty occurs when an individual fails to act in a reasonable manner, placing others at
risk. So, back to the running a red light example, A reasonable driver will stop at the red light,
while an unreasonable motorist barrels through.

You must show the defendant’s actions are a breach of their duty. In other words, their behavior
isn’t what you’d expect from a reasonable person.

Causation

Things start getting a little easier when you get to the third element of negligence. This is when
you show the at-fault driver’s actions are the direct cause of your damages.

A good trick to try is using the ‘but for’ statement. Your car collision probably wouldn’t have
happened but for the at-fault driving running the red light. If those two little words make sense in
the statement describing your accident, you’ve probably established causation.

Damages

The fourth element of negligence is usually the easiest to show. All you’re doing is proving your
damages are directly caused by the accident. In other words, your car wouldn’t have a huge
dent but for the at-fault driver’s negligence. Typically, your bills, receipts, and repair estimates
are enough to establish your damages.

Comparative Negligence May Come Into Play

Florida has a couple of insurance rules impacting personal injury claims. We’ve covered no-fault
insurance but Florida’s also a comparative negligence state. What does this mean for your
claim? The answer probably isn’t what you want to hear.

Comparative negligence means multiple individuals can share blame for the same accident. If
you’re assigned accident fault, your compensation will be reduced by your percentage of fault.

Accident scene investigators and insurance adjusters are usually responsible for assessing
blame after a vehicle accident. You can still file an accident claim against the other driver, as
long as you’re not more than 50% responsible for causing the vehicle wreck. If you’re 51%
responsible, you’re limited to only filing a claim with your insurance provider. This brings us to
your next question, are you stuck with the assigned fault?

The answer varies depending on the particulars of your accident claim. Your personal injury
attorney can file an appeal in civil court. From there it’s up to a judge or jury to decide whether
your percentage of fault should go down or stay the same.

Don’t Let Negligence Reduce Your Accident Claim’s Value

Negligence isn’t always easy to prove and you may even be dealing with some of the assigned
blame. Instead of sitting back and accepting a lower settlement offer, partner with an
experienced Florida personal injury attorney. From investigating the accident scene to filing an
appeal, your attorney can help ensure you’re not unfairly blamed for your accident.