This form is a sample complaint for use in claim involving an automobile accident.
Florida Complaint regarding Auto Accident (Driver vs Driver)
State:
Multi-State
Control #:
US-PI-0035
Format:
Word;
Rich Text
Instant download
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FAQ
In Florida, insurance company adjusters will typically determine fault. They will review police reports, driver accounts, and any other information collected that relates to the incident. After reviewing all of the available facts, they will declare who is at fault and to what degree.
Florida follows a ?pure comparative fault? rule. When more than one party is found to be negligent in an accident, each driver is held liable for their share of the total losses incurred in the crash. A percentage of fault will be assigned to each party involved.
Owners Are Responsible for the Operation of Their Cars The State of Florida follows no-fault laws in order to limit the number of personal injury lawsuits. An injured person has to file their claim through their own insurance company first instead of suing the at-fault party for compensation.
Section 316.065, Florida Statutes, requires the driver of a vehicle involved in a crash involving injury or death to a person, or at least $500 estimated vehicle or property damage to immediately contact local law enforcement.
This is because, in Florida, car insurance follows the vehicle first and the driver second. So, if you allow someone else to drive your car and they get into an accident, your insurance policy will cover that driver and your vehicle, even if they are at fault.
Liability for Vehicle Owners and Florida's Dangerous Instrumentality Doctrine. Under the state's dangerous instrumentality doctrine, in most cases, vehicle owners are held vicariously liable for the negligent actions of a third party driving the vehicle with permission, car accident attorneys in Fort Lauderdale say.
Insurance applies to the vehicle. So, if someone else is driving your car, and they get into a collision, it will be your insurance that will apply. This is because, in Florida, car insurance follows the vehicle first and the driver second.
Even in a cut-and-dry case where an insured driver is on the policy and at fault, it can be difficult to get the payout you're entitled to. When a driver is not listed on the insurance policy, the insurer may dispute liability (or fault) because the person involved isn't covered.
