What Happens if No One Was At-Fault After My Car Accident in West Palm Beach?
Gregg Hollander | November 18, 2022 | Car Accidents
If you’re in a car accident in West Palm Beach that wasn’t obviously your fault or another party’s fault, how do you proceed to get compensated for injuries or damages?
In Florida, drivers are required to carry personal injury protection (PIP) car insurance. Specifically, $10,000 in PIP coverage is the minimum required by Florida law. So your first call after an accident, whether it was your fault or not, will be to your PIP provider.
What Damages Will PIP Cover After a Car Accident?
Before filing a PIP claim, it is important to know what is covered and what is not covered. Your PIP insurance will compensate for medical expenses and loss of income that was caused by the accident. It won’t compensate for any pain and suffering, emotional trauma, or other type of non-financial loss.
If you have a true no-fault situation, your PIP insurance will cover your medical expenses to the extent of your coverage. If your expenses exceed the coverage amount, you can make a claim with your health insurance provider to help with the rest.
It’s smart to consult with an experienced West Palm Beach accident attorney before filing your PIP claim. Sometimes people will make claims that their PIP policy should cover, but the insurance company will say that the policy doesn’t apply.
An attorney will help you navigate the claims process efficiently and effectively and make sure your interests are protected.
Make Sure There Was No One at Fault
You would be surprised at how sometimes an accident that doesn’t appear to be anyone’s fault actually is. Never assume there is no negligent person or party, even if you were the only vehicle involved.
Who could possibly be at fault? For starters, the locality responsible for the road you were driving on. Maybe the car dealership you purchased the car from or the repair shop that worked on your car before the accident.
Another possibility could be the car manufacturer of the car or the company that made one of its parts. Did an animal run into the street and cause you to swerve and crash? Their owner could be held responsible.
The point is that there are many possible avenues toward compensation that you may not have considered.
Who Determines Whether Anyone Is at Fault?
In most car accidents, the police will come to the scene. The officer will assess what happened and take statements from the drivers and any witnesses. They will then write an accident report in which they may put forth their opinion on who is to blame for the accident.
A lawyer can help you investigate the circumstances of the accident and assess what people or parties may be at fault. If you end up filing a lawsuit for damages, the presiding judge and jury will ultimately decide who is at fault.
Will Filing a PIP Claim Increase My Premiums Even if I’m Not at Fault?
If you weren’t at fault, your insurance company is not allowed to increase your premiums because you filed a claim. Specifically, Florida law says insurance companies are only allowed to raise your premiums if they determine in good faith that the accident was substantially your fault.
Contact Our Car Accident Law Firm in South Florida
If you’ve been injured in an accident, please contact our experienced personal injury lawyers in Florida at Hollander Law Firm Accident Injury Lawyers to schedule a free consultation today. We have three convenient locations in Boca Raton, Fort Lauderdale, and West Palm Beach.
We proudly serve Palm Beach County, Broward County, and its surrounding areas:
Hollander Law Firm Accident Injury Lawyers – Boca Raton Law Office
7000 W Palmetto Park Rd #500
Boca Raton, FL 33433
(561) 347-7770
Hollander Law Firm Accident Injury Lawyers – Fort Lauderdale Law Office
200 S.E. 6th Street #203
Fort Lauderdale, FL 33301
(954) 287-0566
Hollander Law Firm Accident Injury Lawyers – West Palm Beach Law Office
319 Clematis St #203
West Palm Beach, FL 33401
(561) 556-7873
