Visitor Question

Insurance denying compensation for driver clearly at-fault?

Submitted By: James (Paisley, Florida)

I was traveling on a northbound in a two lane road in Florida. I was in the right lane going 35mph toward a merge to one lane, with a long slight curve coming out of town. I never saw the other driver as she came up quick in the left lane. She hit my car on my drivers side when she merged into my lane.

The impact spun my car and slammed me into the guardrail, sliding for some time, ripping off my bumper before coming to a stop. Although she was very vocal that it wasn’t her fault, it was and the officer said it was pretty obvious. She got the ticket for careless driving.

Her insurance first said they were not liable but they did not know she got the violation. After they got the report they say there’s not enough evidence to cover my car? What’s going on here? Thank you.

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.

Answer

Dear James,

You stated the other driver received a citation under Florida’s Careless Driving law Section 316.1925, which reads in part:

“(1) Any person operating a vehicle upon the streets or highways within the state shall drive the same in a careful and prudent manner, having regard for the width, grade, curves, corners, traffic, and all other attendant circumstances, so as not to endanger the life, limb, or property of any person. Failure to drive in such manner shall constitute careless driving and a violation of this section.”

Be sure to obtain a copy of the police accident report. Florida law Section 316.066, requires an officer who investigates a motor vehicle crash to complete and forward a written report to the Florida Department of Safety if the crash involves death or personal injury.

Based on the facts, there should be little, if any question of liability. If you have been injured, seek the advice and counsel of several personal injury attorneys in your area. An experienced injury attorney will be able to pierce the insurance company’s “wall of denial” and obtain for you the compensation you deserve.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney. Find a local attorney to give you a free case review here , or call (888) 647-2490.

Best of luck,

Published: October 19, 2017

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