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Law Offices of Felipe E. Diez, P.A. | Defined by our results, recognized for our success
  • Home
  • About
    • Felipe E. Diez
    • Victor Y. Guerra
  • Practice Areas
    • Personal Injury
      • Car Accident And Injury Claims
      • Wrongful Death
    • Insurance Coverage Disputes
      • Insurance Bad Faith
      • Former Insurance Defense Attorneys
    • Commercial Litigation
  • Contact
  • Blog
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  5. Understanding fault in car accidents

Understanding fault in car accidents

On Behalf of Law Offices of Felipe E. Diez, P.A. | Sep 15, 2025 | Insurance Claims

After a car crash in Florida, you may feel confused and stressed. As bills for medical care, car repairs and lost wages rise quickly, you need clear and specific information about who caused the crash. Understanding fault gives you concrete guidance for decisions about insurance and compensation and explains how the percentage of fault can influence the financial compensation you might receive.

Determining liability following a motor vehicle collision

Insurers and courts may assign fault by reviewing evidence from the crash. Police reports, traffic citations and witness statements can show what happened. Photos, videos and physical evidence at the scene often support or dispute those statements.

Florida uses a modified comparative negligence system, so each party receives a percentage of fault. If your share is 50% or less, you could claim payment but receive a smaller amount based on that share. If your share exceeds 50%, the other party might not pay you.

Assessing its impact on insurance claims and compensation

Florida follows a no-fault insurance plan for personal injury protection (PIP). Your policy generally pays some medical bills and lost wages even if you were at fault. When severe or costly injuries meet the state’s injury threshold, you may file an injury claim against the other driver’s insurer. Property damage claims often depend on who caused the crash.

You can take the following steps to strengthen your claim:

  • Keep your medical bills, repair estimates and lost income records together
  • Give insurers updates about your treatment and costs
  • Ask for copies of police reports, witness statements and photos
  • Learn deadlines and claim rules early

These actions can reduce confusion, show readiness and help protect your finances during negotiations, especially since Florida PIP benefits generally require initial medical care within about 14 days and many insurers may expect claim notice within roughly 30 days.

Practical guidance for injured drivers in Florida

Knowing who is at fault after a crash can guide your choices about medical care, vehicle repairs and related costs. Saving proof, meeting deadlines and understanding Florida’s fault rules can strengthen your position if you decide to seek financial compensation for your injuries and losses through the claims process.

How do insurance companies delay injury claims in Florida?

On Behalf of Law Offices of Felipe E. Diez, P.A. | Jul 1, 2026 | Insurance Claims

Insurance companies in Florida sometimes use delay tactics that can make injury claims feel slow and frustrating. Understanding these common strategies may help you stay prepared and ask the right questions as your case moves forward. Below are the three delaying...

How can tourists get compensation for Miami vacation injuries?

On Behalf of Law Offices of Felipe E. Diez, P.A. | May 13, 2026 | Personal Injury

A Miami vacation should leave you with memories, not medical bills. If an unexpected injury cuts your trip short, you may feel overwhelmed. Fortunately, Florida law gives you the same right to seek compensation as any local resident. In fact, you may find the process...

The unseen victims: How wrongful death affects families in Miami

On Behalf of Law Offices of Felipe E. Diez, P.A. | Mar 10, 2026 | Uncategorized

Losing a spouse suddenly changes everything. You may feel shock, sadness and fear about what the future holds. Most importantly, you may worry about raising your children alone. These feelings are natural. Understanding how this loss affects you and your family can...

Missing work after a crash: who pays for lost income in Miami?

On Behalf of Law Offices of Felipe E. Diez, P.A. | Jan 9, 2026 | Insurance Claims

A car accident in Miami brings more than just physical pain. It often stops your ability to earn a living. As bills pile up and paychecks stop, financial pressure weighs heavily on your family. Understanding your rights helps you regain control of your future during...

What does uninsured motorist coverage really mean in policies?

On Behalf of Law Offices of Felipe E. Diez, P.A. | Nov 21, 2025 | Insurance Claims

Many drivers hear uninsured motorist coverage without knowing what it actually means or what it covers. Florida roads create even more confusion because many drivers carry low liability limits or no insurance at all. When a crash leaves you with injuries and the other...

Avoiding Common Pitfalls in Insurance Claims

On Behalf of Law Offices of Felipe E. Diez, P.A. | Aug 8, 2025 | Insurance Claims

When disaster strikes, filing an insurance claim may be your only way to recover financially. But small missteps during the process can lead to delays, denials or reduced payouts. Understanding why insurance claims fail Many Floridians face claim issues not because of...

Practice Areas

  • Personal Injury
    • Car Accident And Injury Claims
    • Wrongful Death
  • Insurance Coverage Disputes
    • Insurance Bad Faith
    • Former Insurance Defense Attorneys
  • Commercial Litigation

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Miami, Florida 33130

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