What Happens When You Are at Fault for a Car Accident in New Port Richey, FL?

September 6, 2024 | Winters & Yonker Personal Injury Lawyers | Car Accident

Florida is a no-fault state for car accident claims. Generally, the parties involved in a car crash file insurance claims with their Personal Injury Protection (PIP) insurance providers. PIP coverage applies in a car accident regardless of who caused the crash. However, fault becomes an issue if a victim has the right to pursue a personal injury claim against another party after a car accident.

A New Port Richey car accident lawyer can discuss further what you need to know if you are at fault for a car accident, beginning with the steps to take after a car crash.

Steps to Take After a Car Accident in New Port Richey, FL?

Car accidents happen every day throughout Florida. You don’t expect to be involved in a traffic accident when you get into your car. However, if that happens to you, try not to panic. Focus on the steps you must take after a car accident in Florida.

Steps to take after a car accident include:

Call 911 to Report the Crash

Florida law requires drivers to stop after a collision and remain at the accident scene until they fulfill their legal obligations. Car accidents resulting in injury, death, or property damage of at least $500 must be reported to the police immediately. Calling 911 is the quickest and easiest way to report a car crash in Florida.

Most collisions result in at least $500 in property damage. Therefore, it is always best to err on the side of caution and report a car accident. Having a police report also helps with insurance claims and personal injury cases.

Document the Accident Scene

While you wait for law enforcement officers to arrive, take photographs of the accident scene. Making a video of the entire area is also prudent to ensure you capture everything. If there are bystanders or witnesses, ask them to give you their names and contact information. However, do not put yourself or others at risk while collecting evidence.

Never Admit Fault for Causing a Car Accident

Do not say you are sorry or admit fault for causing the crash. Even if you believe you could have contributed to the crash, do not admit your suspicions without speaking with a lawyer first. Your car accident could result in a personal injury claim, so you don’t want to admit fault prematurely.

Seek Prompt Medical Treatment

Go to the doctor as soon as possible for a complete medical examination. You need to document your injuries for an insurance or personal injury claim. Delays in medical treatment could cause your condition to worsen. Failing to seek timely medical care could also make recovering compensation for your damages more difficult.

Contact a New Port Richey Personal Injury Lawyer

Seeking legal advice about your case also helps you protect your legal rights. A New Port Richey car accident lawyer reviews your case during a no-cost consultation. The attorney explains your legal options, including how Florida insurance laws impact your claim and whether comparative fault could result in personal liability for damages.

Who Is Responsible for Paying Damages for a Car Accident in New Port Richey, FL?

Florida requires drivers to purchase a minimum of $10,000 in PIP coverage. PIP is no-fault insurance. It pays benefits to the covered victims, even when the insured are to blame or partially to blame for causing the car accident. You must seek medical treatment within 14 days of the accident to receive PIP benefits.

PIP insurance pays a portion of your medical bills and lost wages. Generally, PIP insurance pays up to 80% of your medical bills and up to 60% of your lost wages. PIP does not pay any damages for pain and suffering.

Even though Florida is a no-fault state, some exceptions allow accident victims to sue the at-fault driver for a car accident. If the victim sustained injuries that meet the state’s serious injury threshold, you could be sued for damages if you are at fault for a car accident in New Port Richey, FL.

What Is the Serious Injury Threshold in a Florida Car Accident?

Florida statutes make an exception to the insurance law for serious injuries. If you sustain a serious injury defined in the statute, you can pursue a claim for damages against the driver who caused the crash. Serious injuries include significant disfigurement, impairment, and disability. It also includes wrongful death.

If an accident victim sues you for a serious injury, you could be responsible for paying the person’s damages if you do not have liability insurance coverage. Most drivers in Florida are not required to purchase liability car insurance. Therefore, collecting damages from the at-fault driver could be challenging if they do not have insurance or substantial assets to pay the damages.

If you win a lawsuit for a car accident in Florida, you may receive compensation for your economic and non-economic damages, including:

Total of all past and future medical expenses
All losses of income, including earning capacity, benefits, and lost wages
Out-of-pocket expenses, including personal care and household services
Property damage
Rehabilitative therapies and care
Pain and suffering
Scarring and disfigurement
Loss of enjoyment of life
Emotional distress and mental anguish
Impairment and disability
Diminished quality of life

Your attorney helps you document your damages and calculates the maximum value of your claim based on your damages and other factors. The at-fault driver’s liability insurance may agree to pay up to the policy limits to settle a claim, or it may deny the claim. If the claim exceeds the policy limits or the at-fault driver does not have liability insurance coverage, you will need to sue the driver to pursue compensation.

How Can I Protect Myself From Liability for a New Port Richey Car Accident?

Follow the steps outlined above for what to do after a car accident in Florida. Do not discuss the details of the accident with anyone. When giving your statement to the police, tell the officer what happened without saying you are at fault or caused the accident. Just give the officer the facts.

You might not be responsible for causing the accident, or the other driver may share liability for the crash. If the other driver shares liability for the accident, they could be partially responsible for damages under Florida’s comparative fault law.

Call our New Port Richey car accident lawyer as soon as possible for a free consultation. The best way to protect yourself is to ensure you have skilled legal representation.

Contact a New Port Richey Car Accident Lawyer from Winters & Yonker Personal Injury Lawyers for Help Today

For more information, please contact Winters & Yonker Personal Injury Lawyers to schedule a free consultation with a personal injury lawyer in New Port Richey today. We have five convenient locations in Florida, including Tampa, Clearwater, St. Petersburg, New Port Richey, and Lakeland.

We proudly serve Hillsborough County, Pinellas County, Pasco County, Polk County, and its surrounding areas:

Winters & Yonker Personal Injury Lawyers – Tampa Office
601 W Swann Ave, Tampa, FL 33606
(813) 223-6200

Winters & Yonker Personal Injury Lawyers – Clearwater Office
600 Bypass Dr Suite 224-D, Clearwater, FL 33764
(727) 493-4418

Winters & Yonker Personal Injury Lawyers – St. Petersburg Office
111 2nd Ave NE Suite 350, St. Petersburg, FL 33701
(727) 314-5988

Winters & Yonker Personal Injury Lawyers – New Port Richey Office
5006 Trouble Creek Rd Unit #200, Port Richey, FL 34652
(727) 910-5060

Winters & Yonker Personal Injury Lawyers – Lakeland Office
1543 Lakeland Hills Blvd Suite 18, Lakeland, FL 33805
(863) 251-6196