Florida has no fault insurance policy,whos at fault in following

Asked over 1 year ago - Cape Coral, FL

responsible for damage cars and at fault,guilty in the following scenerio.Driver failds to yield,violates rigth of way ,by turning left, causing an accident with another driver driving oncoming southbound traffic.In addition what are the consequences for driver who violated rigth of way,and driver coming from oncoming southbaund traffic.

Attorney answers (9)

  1. George Costas Andriotis

    Pro

    Contributor Level 20

    11

    Lawyers agree

    Answered . Consult an attorney to investigate the incident for you but to answer your question based on what you provided, anyone who wrongfully violates another's right of way is at fault.

    Call for a free consultation at 727-937-1400 or visit us on the Web at www.serviceandjustice.com.
  2. David Hughes Harris

    Pro

    Contributor Level 15

    9

    Lawyers agree

    Answered . This is part of the normal investigation that your attorney will conduct in the course of your representation.

    How property damage is handled can be one of a few ways in most cases: (1) your insurance company pays for property damages and then gets reimbursed from the at-fault driver's insurance company (if you have comprehensive/collision coverage); (2) at-fault driver's insurance coverage pays for property damage by check after you have paid for repairs; (3) at-fault insurance company pays for repairs directly, as well as rental car while vehicle is being repaired.

    In the end, the options depend on the circumstances and the coverages involved. discuss with your lawyer, or if you don't have one, consult one for further guidance.

    DISCLAIMER: We do not have an attorney-client relationship. Only those persons who have a signed written fee... more
  3. Jason Todd Studinski

    Contributor Level 20

    10

    Lawyers agree

    Answered . Retain a Florida lawyer to assist you. I have noticed a number of terrific Florida lawyers who repeatedly respond to car wreck questions. Search for them on AVVO. God luck.

  4. David B Pittman

    Pro

    Contributor Level 20

    8

    Lawyers agree

    Answered . It sounds like the driver who failed the right if way is liable for the accident. The no fault applies to the fact that you use the ten thousand dollar pip policy that you have to pay medical bills regardless of who is at fault in the accident. You would make a claim against the at fault party for your economic and non economic damages. You have to meet certain permanency thresholds to be able to bring a case against the at fault party. These cases are complicated so I would highly suggest hiring a lawyer for help.

  5. Daniel Nelson Deasy

    Contributor Level 20

    6

    Lawyers agree

    Answered . My colleagues are all correct. Find local counsel to help you!!

    In no way am I offering you legal advice, and in no way has my comment created an attorney-client relationship.... more
  6. Christian K. Lassen II

    Pro

    Contributor Level 20

    6

    Lawyers agree

    Answered . Retain one of the above lawyers in your state to investigate a claim against the at-fault party.

  7. Clifford M. Miller

    Pro

    Contributor Level 18

    4

    Lawyers agree

    Answered . One's own PIP pays one's own medical bills up to the limits of the PIP policy. This is regardless of fault. The at fault driver and owner are responsible for the portion of medical bill snot paid by PIP (except the PIP is never recoverable).

    Intersectional crashes are usually a question of comparitive negligence. One is only responsible for damages computed: ($damages)(percentage of one's own negligence in causing the crash)(/100%). So, a person responsible for 80% of the negligence pays 80% of the damages done to the others and cannot collect 20% of the damages done by the others. In your case the left-turner certainly seems mostly responsible. But consider, the duty to slow down when approaching an intersection, even with a solid green light, weather conditions and speed of all vehicles, possible traffic light malfunction, etc.

    This is a summary based on incomplete facts. You should not rely on it as legal advise. No attorney-client... more
  8. James Lawrence Magazine

    Contributor Level 16

    2

    Lawyers agree

    Answered . the driver that violates ones right of way is responsible for the accident, in the state of florida we have no fault benefits which means no matter whose fault the accident is your own personal automobile insurance is responsible for your medical bills under your PIP coverage. the at fault driver if they carry bodily injury coverage would be responsible for your injuries and if you have Uninsured/underinsured motorist coverage that would protect you if the at fault driver does not carry sufficient BI coverage

  9. Stacy E Pepper

    Pro

    Contributor Level 13

    2

    Lawyers agree

    Answered . I can not tell from the facts you provided if there was personal injuries or only property damage. Start with reporting the accident to Your insurance company, and let them resolve. If you have personal injuries, call an personal injury attorney in your area for a free consult, and several have already posted on this tread so you will not have to look far.
    Best Wishes.

    Attorney Stacy E. Pepper is licensed in all State and Federal Courts in Mississippi. He is a founding Partner in... more

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