Understanding The Impact Of Different Factors On Personal Injury Claims In Florida
In this article, you can discover:
- What could happen when you fail to wear a seatbelt in Florida.
- Factors that might affect your claim.
- Whether you must give a recorded statement to an insurance company.
I Have A Bad Driving Record, Will That Hurt My Personal Injury Car Accident Claim?
When it comes to personal injury claims, one might wonder if a bad driving record will impact the case outcome. The answer is simple: no, a bad driving record should not impact a personal injury claim. Any evidence of prior driving records is likely inadmissible, and the claim is determined based on the case’s merits, including who was at fault and what caused the injuries.
If I Wasn’t Wearing Any Seatbelt And Was Injured In An Accident Caused By Another Driver, Will This Hurt My Chances Of Financial Recovery?
In Florida, where the law follows the doctrine of comparative fault, the recovery of damages can be impacted if the plaintiff was not wearing a seatbelt at the time of the accident.
In such a scenario, the recovery would be reduced by the percentage of fault assigned to the plaintiff. This reduction is based on the idea that the plaintiff’s failure to wear a seatbelt contributed to the severity of their injuries. However, it is essential to note that this is not a complete bar to recovery.
The Accident Wasn’t My Fault, But I Didn’t Have Insurance At The Time Of The Accident. Will That Impact My Case?
Not having personal injury protection coverage at the time of the accident can impact your case in terms of covering medical bills, but it will not affect your ability to recover damages from the at-fault party. Typically, you would go after the insurance company of the at-fault party.
Is It Mandatory To Give The Insurance Company A Recorded Statement After The Car Accident?
Giving a recorded statement to the at-fault party’s insurance company is not mandatory. However, if your insurance company requests a recorded statement, it is likely required under the policy and must be provided.
The Other Driver’s Insurer Already Paid the Property Damage. Will They Fight My Injury Claim?
Just because the other driver’s insurer has already paid for the property damage does not mean they will not fight the injury claim. The property damage aspect of the claim is often settled with ease, but this is not an indication of how the insurance company will handle the injury claim.
I Was Hit From Behind. Is It Automatically the Other Driver’s Fault?
In Florida, a rear-end collision does not automatically put the other driver at fault. However, there is a legal presumption that in such a scenario, the driver who rear-ended the other vehicle is at fault. This presumption can be rebutted, and the court will examine the circumstances of the accident to determine fault.
With the guidance of a skilled attorney for Auto Accident Claims, you can have the peace of mind that comes with knowing that we’ll make it look easy. For more information on Auto Accident Claims Law in Florida, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (407) 915-5447 today.