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Because Florida is a no-fault state, each party’s PIP insurance in a multi-car accident will be the first source of recovery for their respective losses and injuries up to the limits of their insurance policies. However, if damages exceed these limits, the negligent party that initiated the multi-car accident will be liable. However, if you are involved in a multi-car pileup and do not have someone fighting for your interests, you can find yourself in a fight with your insurance carrier over which insurer is responsible.
Our Florida car accident lawyer sat Kogan & DiSalvo have extensive experience with the dynamics and complications of multi-car accidents. We analyze evidence of the crash to establish fault and fight to protect our injured clients’ interests in recovering payments from their personal injury protection (“PIP”) insurance and the parties responsible for causing the accident and their insurers. Please get in touch with us for a free consultation if you have any questions or concerns about liability in a multi-car crash.
How is Fault Determined in a Florida Multi-Car Accident?
The negligent party who initiated the events that gave rise to a multi-car accident will be liable for any resulting damages and injuries. For example, a negligent driver has a rear-end collision with a second car that is then pushed into a third car. That driver will be liable for damages and injuries sustained by the second and third cars. Because Florida is a no-fault state, each party’s PIP insurance will be the first source of recovery for their respective losses–up to the limits of their insurance policies. If the damages are extensive, the first party and their insurance are responsible for the excess.
The resolution of insurance payments, however, is rarely straightforward. For example, the first driver might claim that because the second driver was following the third car too closely, the second driver and their insurer should be liable for at least a portion of the third party’s damages. Knowledgeable multi-car accident attorneys will use all available evidence, including witness statements, police reports, and accident reconstruction expert opinions, to demonstrate how close the cars were to each other immediately before the accident.
Why is it Important to Establish Fault in a Florida Multi-Car Accident?
Effective in March 2023, Florida enacted a modified comparative negligence standard that precludes an accident victim from recovering any damages if they are found to be more than 50% at fault. Further, their damages will be reduced by their relative contribution to the cause of the accident. If a victim suffers $100,000 in damages but is found to be 20% at fault, their damages award will be reduced to $80,000. However, if they are more than 50% at fault, they will get nothing above the limits of a PIP policy.
A multi-car crash victim can substantially increase their opportunity to recover damages from other drovers’ insurance carriers by retaining an experienced Florida car accident attorney. They will forcefully advocate for the victim’s interests and rebut any allegations that the victim bore any responsibility for the accident.
What Other Services Can a Florida Car Accident Lawyer Provide Regarding Insurance Claims in a Multi-Car Accident?
A Florida car accident attorney will:
- Handle all communications with insurance companies and verify that insurers do not interpret any statements as admissions of fault.
- Determine if insurance coverage on multiple vehicles can be stacked to provide greater compensation for injured parties.
- Assess the feasibility of litigation against third parties for damages that exceed PIP insurance coverage.
- Evaluate the liability of municipalities for failure to maintain roads if flaws in those roads contributed to the multi-car accident.
- Ensure all claims are filed and lawsuits initiated within the applicable two-year statute of limitations.
Call Kogan & DiSalvo for a free consultation
The Florida multi-car car accident lawyers at Kogan & DiSalvo offer complimentary case reviews and assessments of liability in multi-car accidents. Please call our Boca Raton flagship office or other satellite offices in Southeastern Florida to schedule a consultation. Insurance companies will assign their own lawyers to a multi-car case, and they do not consider your interests. If you retain our services and we accept your case, we will fight to recover the largest available insurance payments and damages that you deserve.
