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...
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 firstname.lastname@example.org, or visit my website http://www.millerlawoffices.us
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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