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By: Morey Law Firm

January 30, 2025

Florida Car Accident Subrogation Defense | Not At Fault?

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Subrogation Claims After a Florida Car Accident: Can You Be Liable If You Weren’t at Fault?

Understanding Subrogation Claims in Florida

When facing a subrogation claim in Florida, many drivers feel overwhelmed, especially when they believe they weren’t responsible for the accident. Our legal team has extensive experience helping clients understand and navigate these complex situations. Serving clients throughout the state, from our Orlando office to Tampa and beyond, we’ve successfully defended against numerous subrogation claims.

What is Insurance Subrogation?

When you receive a subrogation letter after a car accident in Florida, it can be confusing and stressful, especially if you weren’t at fault. As subrogation defense lawyers serving clients from Miami to Pensacola, we see this situation frequently. In simple terms, subrogation occurs when an insurance company tries to recover money they paid to their policyholder by seeking payment from another party involved in the accident.

Our subrogation defense attorneys understand that Florida’s comparative negligence system means multiple parties can share responsibility for an accident. Under this system, even if you were partially at fault, you might still have strong defenses against a subrogation claim.

Insurance Coverage and Your Defense Rights

Understanding your insurance coverage is essential when dealing with subrogation claims. Our team can help you navigate Florida car insurance coverage and determine how your policy might protect you. In Florida, several types of coverage can affect subrogation claims. Personal Injury Protection (PIP) coverage, which is mandatory in Florida, typically doesn’t involve subrogation. However, collision coverage, comprehensive coverage, and bodily injury liability coverage often do.

Types of Coverage and Their Impact

Different insurance coverage types play distinct roles in subrogation claims. Property damage liability coverage, which is mandatory in Florida, often becomes the target of subrogation claims when physical damage occurs. Bodily injury liability coverage, though not required by law, can face subrogation claims from health insurance companies or medical providers who treated accident-related injuries.

Uninsured and underinsured motorist coverage adds another layer of complexity to subrogation cases. If you have this coverage and are involved in an accident with an uninsured driver, your insurance company might pay your claim and then pursue subrogation against the uninsured driver personally. The process of a Florida civil lawsuit in these cases can become particularly complex, especially when dealing with multiple insurance providers and varying coverage types.

Taking Action and Protecting Your Rights

Time is critical when dealing with subrogation claims, and early intervention often leads to better outcomes. Florida law typically gives you two years from the date of the accident to resolve these matters, but waiting can weaken your position. Our car accident defense strategies include immediate investigation and documentation of all relevant evidence.

Response and Documentation Requirements

When you receive a subrogation notice, several key steps need immediate attention. First, gathering and preserving evidence becomes crucial. This includes accident reports, photographs, witness statements, and any communication with insurance companies. If you’ve received notification about what to do when sued for a car crash in Florida, our team can guide you through proper documentation and response procedures.

Insurance companies often attempt to settle subrogation claims quickly, sometimes before all facts are known. Understanding what can be taken away if a car accident judgment is awarded against you helps you make informed decisions about settlement offers. Our attorneys can evaluate these offers and negotiate on your behalf, ensuring your rights are protected throughout the process.

Florida Subrogation Defense Lawyers

From our Orlando headquarters, we serve clients throughout Florida, from Jacksonville to Miami, ensuring that distance never prevents access to quality legal representation. Every case receives thorough attention, whether it involves complex multi-party accidents or straightforward fender-benders. Our statewide presence allows us to effectively handle subrogation claims in any Florida jurisdiction.

Don’t face a subrogation claim alone. Contact our office today for a consultation to discuss your situation and learn how we can help protect your interests. Visit our contact page or call us to schedule your consultation. With our experienced team on your side, you can confidently address subrogation claims anywhere in Florida.

 

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