In any automobile accident claim, the elements of liability, causation amd damages must be present in order for there to be a recovery for negligence. These elements are discussed in more detail in the section of this website entitled "Injury Claims."
Liability: Who is at Fault?
Liability in an auto claim arises most often when one party drives their vehicle in such a way that it collides with yours. Often, laibility can be determined by whether one party violated a traffic law. For example, running a stop sign, speeding, failure to yield right of way, etc. are all situations wherein if one party violates the law governing these situations, liability may be determined. However, while violation of a traffic law is evidence of negligence, it is not an absolute, irrebutable determination of negligence. An example where a violation could occur but where negligence might not be present would be where one person swerves into another's lane to avoid a child who darts into traffic. By crossing into another's lane, there might be a violation of a traffic law but a jury might find that there was no negligence since it was done to avoid the child.
Proximate Cause
When a person's actions cause them to be at fault in causing an auto accident, there must be a determination whether the fault caused injury to the victim. If a person collides with your vehicle and you are thrown about so that injury occurs, then there likely is proximate cause for that injury. However, if another person runs into you and as a result, you get into a violent argument with your spouse resulting in your injury, then there likely is no proximate cause.
Damages: What Injuries Were Caused?
In Florida, damages in an auto accident require that the injuries meet a permanency threshold. This can be in the form of a permanent injury or significant scars or disfigurement. If you are in an auto accident and you suffer some bumps and bruises which ultimately clear up and go away, then your only real recovery is against your PIP insurance (and sometimes what is called your "Medpay" insurance). However, if you suffer a permanent injury, scars, or disfigurement, then you may pursue a claim against the at-fault party for your damages. These damages can include lost wages, lost earning capacity, medical expenses, pain and suffering, and loss of enjoyment of life. If addition, if you are married, your spouse may be able to recover for "loss of consortium," i.e lost companionship, intimacy, etc.
Insurance
In almost every auto accident case, one crucial element is whether there is sufficient insurance to cover the damages. For example, if there is liability, causation and damages, but only $10,000 worth of liaibility insurance, then even though there is a valid claim, the recovery will be limited. There are two types of insurance which typically come into play in auto cases: liability and uninsured motorist. Liability insurance is the amount of insurance the other driver carries to pay for your injuries. Uninsured motorist (UM) insurance is the coverage which you carry in order to pay in the event the other driver has no (or too little) liability insurance. For this reason, UM coverage is one of the most important coverages you can carry because it protects you.
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(c) Copyright 2008 Michael Lins, Attorney
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