In an accident, the at-fault party does have responsibility. In Florida, when you’re involved in an automobile accident, we know already that your own insurance company (under the no-fault provision) pays for at least your initial medical care, your initial lost wages, [and] out-of-pocket expenses. The at-fault party has responsibility for property damage:
Paying for the repairs of your vehicle
If it’s a total loss, paying the fair-market value of your vehicle
If you’re out of the use of your vehicle, loss of use or reasonable rental car reimbursement for the time your vehicle’s being repaired
The tow
The storage that is reasonably incurred as a result of that other party’s negligence
That’s the first area of responsibility the at-fault party has.
Then, if your accident caused injury that necessitated medical care– an injury that ends up being permanent in nature – and the statute defines that as being, “loss of bodily function, scarring, disfigurement, degree of permanency, or death,” then the at-fault party owes compensation for how this has affected your life forever. And that could be your subjective pain, suffering and inconvenience or your future pain and suffering, [or] your loss of wage-earning capacity.
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The at-fault party has responsibility for property damage…
A responsibility is there in the law for the at-fault party to entertain and compensate an injured party for those damages, and obviously the more [seriously] a person is injured, the more compensation is expected in an automobile accident.
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– Ryan Munns is an experienced personal injury attorney and Partner with Bogin, Munns, & Munns, a full service law firm with offices in Orlando, Clermont, Kissimmee, Orange City, Daytona Beach, Ocala, Melbourne, Gainesville, and Leesburg. Mr. Munns works out of the Orlando office and welcomes questions and comments regarding the above. He can be reached at ryan@boginmunns.com.
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