No. You should not admit fault for a Fort Lauderdale car accident. You may be dizzy or confused immediately after a crash. So even if you think you caused the accident, do not admit fault or even partial fault. There are various factors you may not be aware of that caused and contributed to the wreck.
We encourage people who were in a car accident to make sure everybody involved is okay and then call the police to report the accident if there are injuries or if the accident otherwise requires reporting. Provide a factual statement to the police, but do not speculate about what caused the wreck. If you are unsure, tell the officer you are unsure.
Why Should I Not Admit That I Am At Fault?
You may not be aware of what was going on inside the other vehicle, what traffic laws the other driver might have broken, or what other circumstances might have transpired in the seconds or minutes leading up to the crash.
An investigation may later reveal that the other driver failed to yield to you, was texting at the time of the accident, or ran a stop sign. But if you already admitted fault for the accident, it may make it more difficult to file a liability claim against the other driver and get a fair settlement for your damages.
Can I File a Claim If I Am Partially At Fault?
Yes. Florida follows pure comparative negligence law, which states that two or more parties can share fault for a car crash. But your percentage of fault proportionally reduces your settlement or verdict amount in a liability claim or lawsuit.
For example, if you were 20 percent responsible for the crash, it reduces your settlement or verdict by 20 percent. If you suffered $10,000 in damages, the compensation you are eligible to receive from the other driver drops by $2,000, or 20 percent, and you collect $8,000 instead of the full $10,000.
So, if you admit fault for the accident, you may be overlooking that you may only be partially at fault – or not at fault at all.
How Do I Avoid Admitting Fault & Jeopardizing My Claim?
If you are trying to figure out how to not admit fault in an accident, here are some important steps you can take.
Avoid Going on the Record
Do not agree to a recorded statement with the other driver’s insurance company until you speak with a lawyer. Insurers may exaggerate or twist your words to imply that you caused the accident.
For example, if you tell the insurer that you “may have looked away for a second right before the accident,” the insurer may take that to mean you were not paying attention to the road when in reality, you may have been simply checking for vehicles in the other lane.
Your lawyer can help you prepare to give a recorded statement to avoid falling into these traps. If the insurance company is insisting upon a recorded statement, inform the adjuster that you will first consult your lawyer before giving any statement.
Do Not Make Any Public Statements
This means not posting about the accident on social media and refusing to grant interviews to reporters.
Even a seemingly harmless statement could have severe consequences for your case. For example, a social media post along the lines of “got myself into an accident but I survived” could easily be interpreted as an admission of guilt (since you are saying you “got yourself” into the accident).
Cooperate with the Police
There are only two people you should speak with after an accident. The first is the responding police officer. They may ask you about:
- What you remember about the accident
- What you were doing at the time of the accident
- What injuries you suffered
- What damage your car sustained
While it is important to answer their questions honestly, you do not have to give them any information they do not directly ask for. Keep your responses as brief and to the point as you can.
Refusing to speak with the police or leaving the scene of the accident before they arrive could be interpreted as a sign of guilt. In addition, doing a hit and run by fleeing the scene is a crime for which you could be punished by the law.
Hire an Attorney
The second person you should speak to about your accident is your personal injury attorney. If they are to provide proper representation, they must know everything you do about the collision. Do not hold back with your lawyer: they will keep your statements confidential.
Your lawyer’s job is to speak with all other involved parties on your behalf. This means you do not have to worry about accidentally admitting guilt during any interaction with the insurer, including via:
- In-person meetings
- Phone calls or text messages
It is very easy to get excited and “lose your head” in the wake of a collision. A car accident lawyer has dealt with cases like yours before and knows how to approach the insurer to get you compensation without admitting guilt.
What Happens If I Admit Fault in a Car Accident?
Admitting fault could make it difficult or impossible for you to recover the amount of compensation you need, even if it turns out the accident was not your fault after all. Any admission or alleged admission gives the defendant’s team reason to:
- Deny your claim
- Reduce the amount they pay you
- Sue you for damages done to the other party
Even if you have already admitted fault, talking to a law firm about your case is still a good idea. In some circumstances, you can still get compensation if the accident was your fault, so you may have options for receiving damages regardless of your previous statements to the police, the insurer, or other parties.
Get Help Starting Today
For legal help after a car accident, contact Tampa car accident lawyers or call the Law Offices of Anidjar & Levine team for a free consultation. Our team can protect you against the insurance companies who want to assign fault to you and collect evidence to show what really happened on the day of the accident.
We Can Help.
