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How is fault determined in an accident?

Apopka, FL |

I was involved in an accident on 12/14/12 when a Penske truck hit my car after I had made a right turn and was fully in the lane. I had a red light and I made a full stop, looked to the left and saw no cars coming so I turned and was hit by the Penske truck who tried to go into my lane after he made a left turn with a green light. He also hit another car when he turn the wheel in the opposite direction. A Fire Dept SUV called the police department. I had scratches on the handle of the back in the driver's side and the other car had extensive damage. I was told by the police office that I could get a crash report three day after the accident, when I went to get it the first week of January they told me it was not available. I went today and they told me that there was no report filed

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Attorney answers 6


If the damage to the other vehicle was extensive or injury was reported at the scene, the officer is required by law to file a report. Did you receive a Drivers' Exchange Form at the crash scene? Perhaps you accidentally contacted the wrong law enforcement office or branch (city, county or FHP). If you look at any driver exchange form, the law enforcement branch will be listed. if you run in to further difficulty, look at my profile and contact me by phone or email. I actually live in Apopka and my office is in Altamonte Springs...


you can fill out a form at the police station to report the accident yourself.


Go to the police station and either locate the report or have them do a new report there, called a counter report.

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Fault is determined ultimately by a jury if the matter is not resolved by agreement. The jury considers all relevant information. It sounds like the fault in your accident would be shared. So each driver would recover his/her damages multiplied by the percentage of fault of the other driver. If you were hurt, call a lawyer now.

This is a summary based on incomplete facts. You should not rely on it as legal advise. No attorney-client relationship is intended to be formed. You may call me 772-562-4570; email me, or visit my website


Fault is determined by a jury when the insurance companies and/or parties cannot agree. The police report is privileged in Florida and not admissible but the testimony of both parties and any witnesses is b


Insurance companies make their own determination for purposes of paying money on claims before any lawsuits are filed (a.k.a pre-suit settlements). However, if the insurance adjuster makes a decision that is not in your favor and you disagree, your only option is to file a lawsuit (or drop your claim). Keep in mind that whatever ticket(s) the police officer issues will generally not become any evidence at a trial and are not an absolute determination of who was at fault. If you are injured, you should contact an attorney as soon as possible.

Best of luck!

Our opinion and position stated above is not determinative of your rights, and you are free to seek other legal opinions. Should you decide to retain a lawyer, you should do so immediately as a statute of limitations may preclude bringing the claim in the future. Also, if you are unclear about my opinion, please feel free to call me at 305-536-3400.

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