How Do I Prove the Other Driver Hit My Car?

Florida is a no-fault car insurance state. This means that your personal injury protection (PIP) will cover your medical bills, lost wages, and other economic damages after a car accident regardless of fault. But you’ll need to prove the other driver was at fault if you wish to file a third-party claim against their insurance and receive non-economic damages.

UNDERSTANDING THE DUTY OF CARE

All drivers have a responsibility to drive safely by obeying traffic laws, not driving distracted, and not operating their vehicles while under the influence of alcohol or drugs. If a driver violates this duty of care, they can be found negligent and held responsible for your car accident injuries. Our car accident lawyers can help you gather evidence, such as witness statements, photos, videos, and the police report.

WHAT DO I DO AFTER A CAR ACCIDENT THAT’S NOT MY FAULT?

  • Call 911 so police can investigate and file a report.
  • Write down witness names and contact information.
  • Take photos of your car and the accident scene.
  • Hire a car accident attorney.

WITNESS STATEMENTS

Write down the names and contact information of any witnesses so they can be called later to give statements. Witness testimony will help strengthen your case so it’s not just your word against the other driver. Witnesses can help prove who was most at fault for the car accident, as well as what the weather conditions were and other contributing factors.

Our car accident lawyers can help you collect witness statements to prove the other driver’s negligence.

PHOTOS AND VIDEOS

Take photos of your car and the scene of the auto accident. Your claim will be stronger with visual evidence of the scene and property damage. If possible, our car accident lawyers will try to get footage from surveillance cameras or even witnesses.

POLICE REPORT

A police report is one of the most crucial pieces of evidence for your case. It’s for this reason that our auto accident attorneys recommend you call 911 immediately after an accident. Otherwise, you have 10 days to report to the police a car accident that caused an injury, death, and/or property damage of at least $500.

Learn more: Why a police report can increase your car accident settlement >>

If you or a loved one were seriously injured in a car accident, request a consultation with one of our auto accident attorneys as soon as possible. A car accident attorney from our personal injury law firm can help you prove that the at-fault driver violated their duty of care to operate their vehicle as a reasonable person would.

We understand that emotions can run high after a car accident, especially if you or someone you love is seriously injured. You can trust our team of car accident attorneys to fight aggressively for your rights.

REQUEST A CONSULTATION

Our car accident lawyers are proud to serve clients in Cape Coral, Fort Myers, Naples, and surrounding areas. To request a consultation with one of our Florida car accident attorneys, call Lusk, Drasites, & Tolisano, P.A. at (800) 283-7442.

This blog post has been updated.

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