Winter Garden, FL asked in Personal Injury for Florida

Q: Comparative Negligence Defense Against A Personal Injury Claim?

At the beginning of the year I was involved in a car crash. It rear ended anther car. The damage was minimal my airbags didn't even go off. The two young men involved did not appear hurt but supposedly have now been in treatment for four months. I feel I'm falling victim to the advertising of organisations like 411pain. when does "comparative negligence" come into play? Or is it I just wait for a final settlement to be reached and pay for whatever I'm asked?

Loss Date: Tuesday. January 19, 2016

Dear Sir.

We are writing regarding the status of the Bodily Injury claim filed by AAA and BBB. The claim is currently open, and no final settlement has been reached.

Once a final settlement has been reached. we will contact you to let you know that the claim has-been resolved. In the meantime. we will continue to keep you updated. Please note that bodily injury claims are often open for several months, or longer, before the claim can be settled.

Sincerely,

Claims Department

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1 Lawyer Answer
Terrence H Thorgaard
Terrence H Thorgaard
Answered
  • Freeeport, FL
  • Licensed in Florida

A: A comparative negligence defense would assert that the people you rear-ended did something wrong which (along with your negligence, such as perhaps following to close) helped cause the accident. It basically reduces the amount for which you are liable, in proportion to the negligence of the other driver.

It's not clear whether this claims department which wrote you the letter is with your insurance or with the other driver's insurance. You won't have to "just wait for a final settlement to be reached and pay for whatever [you're] asked." If a settlement is made, you probably will get a chance to approve or disapprove it.

Contact me if you have any more questions.

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