Car Insurance – How to Prove Fault in an Accident in Florida
Reader question:
Now that Florida insurance law has changed, how do you prove fault in an accident?
Allen
Great question, Allen.
I know a lot of Florida insurance policy holders are lost in the fault world that will last until the beginning of January next year, so it’s important that these drivers understand the laws before the laws come and find them.
When you get into a Florida insurance accident that involves another person, you will have to prove that the accident is the other person’s fault in order for you to get out of a Florida insurance liability claim. There are some basic elements to any collection of proof that would determine who is at fault, and here are a few to keep in mind.
- Police accident report.
When you get into a Florida insurance accident, you call the police and they file a report. It’s pretty simple, although the police usually only file a report when they believe the damages are equal to or above five hundred dollars, or when there are injuries involved. Whenever a report is filed for an accident you have been in, you can usually get an official copy of it from your local police department. If fault is in question, you should get this as documentation for your Florida insurance company.
In the police accident report, the officer will tend to say whether or not someone involved committed a traffic violation, and if that violation was a part of the cause for the accident. Sometimes, however, the police accident report will only note the violations committed, without any claims to their effects. Whatever the case, the contents of the police accident report are good proof for whoever is trying to prove that they are not at fault.
- The laws of the road.
If you know that the other driver has committed a violation of the vehicle code, even if it was not mentioned in the police accident report, then you might be able to use this as proof of fault in your Florida insurance claim. You should do a little research before you go ahead with it, and can check with the department of motor vehicles or with your local library to find the law’s statute number.
Cheers,
Fashun Guadarrama.
