The state of Florida is a no-fault insurance state by law. It means that both parties in a car accident can make claims against their PIP – Personal Injury Protection coverage when the injuries are not critical. There is no need to find out who caused the accident in these cases.
However, when the damage caused by the accident is substantial, you may want to seek compensation from the other driver. Typically these could be expenses related to medical bills and hospitalization, mental and physical pain and suffering, loss of current and future wages, and others that are not explicitly taken care of by no-fault insurance.
For this kind of claim, you should be able to provide proof that it was the other driver’s fault. You will need to convince the other driver’s insurance company or, if it comes to a court case, to a judge. Detailed evidence is extremely important, and it is best to seek a Tampa car accident lawyer‘s professional assistance to gather it.
A skilled Tampa car accident lawyer will have the experience to get the data you require to boost the chances of proving the other person’s error. Some of the proofs your lawyer will gather are:
- Police Report of the car accident
Police normally report at the scene of severe car accidents. It could be the Florida State Patrol or Tampa Police; they will file a police report of the crash. These reports contain the observations of the officer at the site of the accident and a witness statement. They will include relevant evidence like tire skid marks and the condition of the cars involved.
Your lawyer will obtain a copy of the police report. It is one of the best ways to prove liability if the other driver was at fault.
- Damage to Your Car
If you can call your lawyer to the accident scene, he will also gather video and photo evidence of the damage caused to your vehicle. He will also obtain the names and contact details of the people who witnessed the accident. Photographic evidence is particularly useful in the case of a rear-end collision because the law requires the vehicles behind you not to follow too closely. In this kind of collision, the back of your car and the other car’s front are both damaged, and it is easy to prove.
- Proof of traffic law violation
If the other driver has violated traffic Florida state traffic regulations, your lawyer will have the experience to record the law violated in your case. By doing this, you can assign fault and prove negligence accurately. It will help you during negotiations with the insurance carrier.
Besides the documents mentioned above, your Tampa car accident lawyer will give you the best advice regarding Comparative Negligence in Florida Car Accident Claims. It means that in Florida, there is a notion of shared liability, and you may be found to be partially responsible for the accident (for example, non-working brake lights).
Quite often, car accident damage claims can be complicated. You will need a helping hand to guide you through the process.