Determining Fault in a Florida Car Accident

Posted by Fred Koberlein | Feb 29, 2016 | 0 Comments

Determine fault

Determining fault in a car accident can be very tricky, as Florida is one of twelve “no-fault” states, but it is vital in making sure that you are compensated for your injuries. In order to ensure that you get all of the compensation you deserve  and get back on your feet so you can resume your life, you need to prove that the other party was responsible for the accident. Then, you need to prove the amount of compensation you deserve.

Here is an overview of the process involved when determining fault in a Florida car accident.  Determining the amount of compensation you deserve is covered in the article,Car Accident Damages that May be Available in Florida.

Florida Car Accident

The first thing it is important to understand is what a “no fault” state means. This term does not mean that nobody is responsible for an accident. The idea behind no fault insurance simply means that there is a threshold of damages that needs to be met before you can file suit. If you have been injured in a car accident, you will be able to sue, depending on the circumstances and determination of fault.

Collecting Evidence

The first thing you need to do after an accident is make sure that there are no immediate, serious injuries. Call for medical attention and the police right away. Then note everything about the accident that you can. Speak to witnesses, take detailed notes and photos of the accident scene. Exchange contact information and insurance information with the other driver, and get the contact information of any witnesses.

If the police come to the scene, ask for a copy of the police report. Keep track of any and all medical bills you have that are related to the accident, from basic doctor's visits to prescriptions and rehabilitation. The more information you have, the better able you will be to demonstrate fault when the time comes. Finally, never, ever apologize for anything at the scene—this could be construed in court as admission of guilt or fault.

Getting Help from an Attorney

As soon as possible, get seen by a doctor (even if you don't feel injured) and report the accident to your insurance company.  Many times pain and injuries will not be noticed days.  If you do not seek medical attention right away the insurance companies will be skeptical of your pain and injuries.  

Be honest and forthright, but don't admit fault or guilt. Then, immediately seek the services of a qualified Florida personal injury attorney. Never sign anything before talking to a lawyer. The laws involving personal injury are complex with many missteps possible.

You want to make sure that when the insurance companies try to convince you to sign away your rights, someone is there to fight for your interests. A personal injury attorney has the knowledge and experience to fight insurance company bullying tactics and make sure that you are compensated for loss of income, medical expenses, pain and suffering and all of the various awards to which you are entitled.

If you have been in a car accident in Florida and need representation, we are here to help. Give us a call or email us for more information and a free, no-obligation consultation on your case today.

About the Author

Fred Koberlein

Fred Koberlein is a trial attorney who opened Koberlein Law Offices after acquiring extensive legal experience in three legal practice areas, which are: personal injury law; criminal defense; and local government matters which require you to appear or present your matter before your local government Boards, government Councils, and government Agencies. Mr. Koberlein began trial preparation through an externship as a legal clerk with the Judges of the Third Judicial Circuit for Florida prior to his graduation from the University of Florida, College of Law.  After law school Mr. Koberlein was dedicated to becoming a trial attorney and worked with the Public Defender's Office from 2004 to 2007, where he was promoted to handling felony cases within eight months of hire.  Mr.  Koberlein has handled over 1500 criminal cases ranging from possession of cannabis, DUI, serious felonies, white-collar crimes, violations of probation hearings, and countless motion hearings. Mr.  Koberlein began practicing in the areas of personal injury and insurance defense during 2006.  Mr. Koberlein's experience in prosecuting personal injury claims against those insurance companies he was not representing and defending other insurance companies and their customers provided a unique experience where he was able to learn what each side anticipates from the opposing party.Next, Mr. Koberlein was hired by a City to defend the City's interests and three additional Cities quickly followed and retained Mr. Koberlein to protect their interests.  Currently, Mr. Koberlein represents a total of four (4) municipalities in the North Florida area.  As Mr. Koberlein focused on civil litigation he remained passionate about representing individuals charged with misdemeanor and felony crimes as well as civil litigation issues. Mr.  Koberlein has the experience and reputation to negotiate a favorable resolution in your matter, and if that is not possible, to provide the best, most zealous trial representation available.  Utilizing competent and trusted investigators and experts, your case will be prepared so that the best result will be achieved.  If you or a loved one is hurt, damaged, or is facing criminal charges, you want a qualified, hard-working attorney who will explain your options to you in a straightforward, commonsense, and honest manner. Education and Practice Experience: University of Florida; Gainesville, Florida; Bachelor of Science, 1997 University of South Florida; Tampa, Florida; 1998 University of Florida, College of Law; Gainesville, Florida; 2003 Bar and Court Admissions: Florida Bar, 2004 – Present All 67 Counties in Florida All 20 Circuits in Florida U.S. District Court, Middle District of Florida U.S. District Court, Northern District of Florida Professional and Civic Activities: Florida Bar Trial Lawyers, 2007 – Present Florida Bar Business Law Section, 2007 – Present Florida Bar Criminal Law Section, 2004 – Present Florida Association of Criminal Defense Lawyers, 2004 – Present Third Judicial Bar Association, 2004 – Present Mr.  Koberlein is committed to his clients and devotes himself to protecting their interests from the beginning to the end of their case.  Mr. Koberlein has spent his career helping clients defend themselves against criminal charges, fight insurance companies, and proceed through the bureaucratic process of local governments.  Mr. Koberlein welcomes the opportunity to meet with you and evaluate your legal needs and provide you with an experienced and competent analysis.


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