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If you are partially at fault for a car accident, it is essential to document the car accident and to minimize your percentage of negligence. File an accident report, document the scene and circumstances, receive medical attention, take witness information, talk to your attorney and keep all records.
Florida is a comparative negligence state. A court assigns percentages of blame in awarding damages stemming from a car accident lawsuit. What this means is that you need to present evidence that the other driver was at fault. If you were partially at fault, your damages award would be reduced by any percentage that the court deems you were at fault.
If you have been involved in a car accident in Miami that was partially your fault, it is important to know that you can still file a claim to preserve your chances of compensation. Making sure an accident report is filed is imperative. If the police arrive at the scene, make sure you give a statement and sign it.
It is also important to document the scene of the accident and to take pictures of the scene, the damages of your car, and your injuries. Do not forget to write down the license number and the name of the other driver's insurance company as well as contact details of potential witnesses. You should also contact your insurance company and inform them about the accident, but avoid signing any statement or agreement.
Immediately after the crash, make sure you receive a medical check-up and that you keep the medical report and any bills you might have paid. These will be significant evidence supporting your case.
It is important to present evidence as a police report when suing an at-fault driver for damages in Florida. In addition to your medical records, a police report could include a description of the injuries you suffered as a result of the accident. Because Florida is a no-fault state regarding car insurance, you must prove that your injuries are sufficiently serious as to justify leaving the no-fault system. Only by leaving the no-fault system can you reject the settlement offer made by your car insurance provider and go after the at-fault driver and his or her insurer for adequate compensation.
If the other driver received a ticket, there is consistent evidence he or she was at fault for the accident. If no ticket was given, the best option is to contact a personal injury attorney in Miami who can investigate the details of the crash and gather evidence that supports your case.