When an insurance company says you contributed to an accident, it does not necessarily mean you have lost your right to compensation. The insurer’s opinion is not the final determination of fault, and you may be able to challenge its conclusions with evidence.
However, allegations of comparative fault in Florida should be taken seriously. The percentage of responsibility assigned to you could reduce or even eliminate the amount you recover.
How Does Comparative Fault Work in Florida?
Under current Florida negligence law, a person who is partly responsible for an accident may still recover compensation if they are not more than 50% at fault. Their damages are reduced according to their assigned percentage of responsibility. A claimant found more than 50% responsible generally cannot recover damages in an ordinary negligence case. Medical negligence claims are excluded from this 50% bar.
For example, suppose your total damages are $100,000, but you are found 20% responsible for the accident:
$100,000 × 20% = $20,000 reduction
$100,000 − $20,000 = $80,000 potential recovery
Because the consequences can be substantial, determining an accurate percentage of fault is often one of the most contested parts of an injury claim.
Why Would an Insurance Company Blame You?
Insurance companies have a financial incentive to minimize the amounts they pay. In a shared fault accident, an adjuster may argue that you were speeding, distracted, failed to notice a hazard, or did not act reasonably under the circumstances.
That allegation does not make it true. An insurer’s initial assessment may be based on incomplete information, conflicting statements, or evidence that has not yet been collected. The other party may also have provided a version of events that places responsibility on you.
When there is disputed liability, avoid accepting the insurer’s percentage without first reviewing the supporting evidence.
What Evidence Can Challenge an Allegation of Fault?
The evidence needed depends on the type of accident, but it may include:
- Photographs and videos from the scene
- Traffic-camera, surveillance, or dashcam footage
- Police or incident reports
- Witness statements
- Vehicle damage and crash-scene evidence
- Property maintenance and inspection records
- Cellphone records or electronic vehicle data
- Medical records connecting the accident to your injuries
- Testimony from accident-reconstruction or other qualified experts
Preserve any documents, photographs, messages, or contact information you have. Evidence can disappear quickly, and some businesses routinely overwrite surveillance footage.
Be Careful When Speaking With the Adjuster
An insurance adjuster may ask for a recorded statement or request that you describe what you could have done differently. Even a polite remark such as “I didn’t see the other car” could be used to argue that you were inattentive.
Give truthful basic information, but do not guess, speculate, or agree with a fault percentage you do not understand. You should also avoid signing a settlement or release before knowing the extent of your injuries and the potential value of your personal injury damages.
The Insurance Company Does Not Get the Final Word
Fault is determined from the available facts and applicable law, not simply by what an adjuster puts in a letter. A Florida personal injury attorney can investigate the accident, preserve evidence, communicate with the insurer, and challenge an unfair attempt to shift blame.
If an insurance company says the accident was partly your fault, do not assume your claim is over. Speak with a Florida personal injury attorney before accepting the insurer’s conclusion or giving up important legal rights.
If you have been involved in a personal injury incident, seeking legal advice is essential to protect your rights. Our legal team has more than 40 years of experience seeking justice for accident victims. Our attorneys have sought and won millions of dollars for our injured clients.
Call 850-601-1111 to schedule a complimentary consultation with no obligation. This consultation will help you explore your legal options. Let us help you fight for fair compensation.
Frequently Asked Questions
Can I recover compensation if I was partly at fault in Florida?
Generally, yes, if you were 50% or less at fault. Your recovery may be reduced by your percentage of responsibility. If you are found more than 50% at fault in an ordinary negligence case, Florida law generally bars recovery.
Who decides the percentage of fault?
Insurance companies may assign percentages while evaluating claims, but their assessments are not legally conclusive. If a lawsuit goes to trial, the factfinder evaluates the evidence and assigns responsibility.
What damages may be reduced by comparative fault?
Comparative fault can reduce compensation for losses such as medical expenses, lost income, and pain and suffering. The damages available depend on the facts and legal basis of the claim.
Should I give the insurance company a recorded statement?
You should consider speaking with an attorney first, particularly when liability is disputed. A recorded statement may later be used to challenge your account or argue that you share responsibility.
Chris received his Juris Doctorate from Florida State University College of Law in 2008, and he was admitted to the Florida Bar in December of 2008 followed by the State Bar of Texas in May of 2009. He has litigated, mediated, and resolved over five hundred first-party storm damage claims, and he has litigated, mediated, and successfully resolved multiple major construction defect claims with recoveries in excess of $1,800,000.00.