Rear-end accidents can happen almost anywhere. You can tap some bumper in a parking lot or at a traffic light. Read-end collisions can also happen at stop signs or when freeway traffic comes to a sudden halt. Did you know an estimated 30% of vehicle collisions are rear-end crashes? This makes them one of the most common types of vehicle collisions.
While people may often tend to presume that the rear driver is always liable for a rear-end accident this might not actually always be the case. Even if you’re the at-fault driver Florida insurance laws may still allow you to recover some compensation. So, if you’re involved in a rear-end vehicle collision here’s what every Florida driver should know.
Florida’s Insurance Laws Can Impact Liability
The Sunshine State has a couple of insurance laws on the book that can impact compensation in personal injury claims.
Florida is a no-fault insurance state. This means everyone involved in the accident turns to their auto insurance provider regardless of who’s responsible for causing the collision. Even if you’re driving distracted and ram into the lead vehicle, liability isn’t going to impact your ability to file a claim with your insurance company.
What can affect your ability to recover compensation is the type of auto insurance policy you’re carrying. If you’re only meeting the state’s minimum liability insurance requirements, you can still file a claim for your damages. Your PIP (personal injury protection) policy will cover things like medical expenses, property damage costs, and even lost income.
However, there’s a catch. You can only recover 80% of your damages or up to the policy’s cap, whichever comes first. This means you’re still left with at least 20% of damages stemming from the rear-end accident.
There’s a chance you may be able to file a claim for the remaining damages against the other driver’s insurance provider, but only if you didn’t cause the vehicle collision.
Comparative Negligence Rules
The other insurance law in Florida that can impact your ability to file a personal injury claim is comparative negligence. This standard lets more than one individual or entity be held responsible for an accident.
When more than one individual is liable for an accident, a percentage of fault is assigned to all involved parties. As long as your percentage of fault isn’t higher than 50%, you should still be able to file a claim against the other driver’s insurance provider.
However, your compensation amount will be reduced by your percentage of blame. Since you can only file a claim for damages not covered by your PIP carrier, comparative negligence can reduce your claim to only a fraction of its initial worth.
For example, if PIP covers everything except for about $50,000 of your damages and your percentage of fault is assigned at 50% then the most that you can receive from the insurance company is a payout of $25,000.
Is the Rear-End Driver Always Responsible for an Accident?
Generally, the authorities will look at an accident scene and almost always assign fault to the rear-end driver. The reasoning for this is relatively simple. The rear driver was following too closely to the lead vehicle and this caused the accident. Sometimes, the rear driver isn’t responsible for a collision or is only partially liable.
A few examples can include if the lead driver is brake-checking. This is an illegal driving practice in Florida and most other states. Brake-checking occurs when a driver keeps tapping their brakes even when traffic is moving at a steady pace. If another vehicle taps your bumper, sending your car into the lead vehicle, you may not be fully responsible for the collision.
However, in this scenario, you may be assigned some of the blame since the authorities may determine you’re not keeping enough distance between your car and the other drivers.
Who Determines Liability in a Rear-End Collision?
You’re probably wondering who’s responsible for determining liability in a rear-end collision. The responding authorities usually make a note of who’s liable in the accident report. The authorities will examine the accident scene, talk to any witnesses, and review any available surveillance camera footage. If the accident scene is complex, the authorities may call in a reconstruction specialist.
Insurance adjusters can also assign fault. In most accident cases when comparative negligence may apply, insurance adjusters are usually keen to shift some of the blame onto the other party. By shifting fault, insurance companies can reduce the value of an incoming accident claim.
Since being assigned fault can reduce compensation amounts, you may not want to rely solely on what the insurance adjuster decides. If you disagree with the insurance company’s findings, you can file an appeal in civil court. Think of this as a mini-trial.
A judge or jury will listen to both sides, review the evidence, and determine your percentage of fault. Your percentage of blame may be reduced or allowed to stay the same.
Steps to Take After a Rear-End Car Accident
Rear-end collisions are common and can result in extensive damage. To help ensure you’re not liable for more than your fair share of fault, you can take a few steps.
Immediately Report the Accident
Even if the other driver wants to forget about calling the authorities, it’s rarely a good idea to leave an accident scene. Remember, the authorities are often the ones assigning fault and you may be assessed more blame if the accident isn’t immediately reported.
Something else to consider is the other driver’s statements. If they report the accident first, their version of events may unfairly place most of the blame on your actions.
Document the Accident Scene
If you’re not seriously injured, take a few minutes to document the accident scene. Take pictures of your vehicle’s damage and the position it ended up in after the accident. Don’t worry about photographing the other driver’s vehicle. You can leave this to the authorities.
However, you may want to jot down a few notes about the accident like if the other driver’s vehicle is missing brake lights or didn’t use their blinker while turning. These and other details can help ensure you’re not assessed more blame than your actions deserve.
Discuss Your Case with an Attorney
While you may not think you need to, you should plan on taking the time to talk about your case with an experienced accident attorney.
From helping you understand and navigate Florida’s distinctive insurance laws to making sure that you’re not assigned more than your share of the blame your attorney can help you with with every aspect of your case.
