Kibbey Wagner | June 18, 2025 | Car Accidents
Many people ask, “Should I hire a car accident lawyer in Stuart after a car accident that wasn’t my fault?” If you were hurt in a crash in Stuart, Florida, and someone else caused it, you may expect insurance to cover everything. But that’s not always how it works. Insurance companies may offer less than your claim is worth or deny parts of it altogether.
Florida’s no-fault system increases confusion, but you still have legal rights. Hiring a lawyer after a car accident that wasn’t your fault can help you protect those rights and fight for the full compensation you deserve.
Why Legal Representation Matters Even if You Didn’t Cause the Crash
Being “not at fault” in a car accident doesn’t guarantee that you’ll be treated fairly. Insurance companies (even your own) often look for ways to minimize what they pay.
Without an attorney, you risk:
- Reduced settlement offers: Insurance adjusters know most people don’t understand the full value of their claim. They may offer a quick, lowball settlement that doesn’t cover future costs or non-economic damages.
- Blame shifting: The other driver may claim you were partially at fault, which can reduce your compensation under Florida’s comparative fault rules.
- Filing incorrect paperwork and missing deadlines: Injury claims involve strict timelines, legal forms, and evidence gathering. Missing a step can weaken or destroy your case.
- Lack of access to expert support: An attorney may work with medical, economic, or accident reconstruction experts to strengthen your claim. Many attorneys already have established relationships with relevant experts.
Hiring a lawyer levels the playing field and forces insurers to take your case seriously.
How Florida’s No-Fault Insurance System Affects Your Claim
Florida is a no-fault state, meaning your own personal injury protection (PIP) insurance typically pays for your medical bills and lost wages, regardless of who caused the crash. However, that doesn’t mean you can’t file a claim against the at-fault driver.
You can step outside the no-fault system and file a liability claim or lawsuit if your injuries meet Florida’s “serious injury” threshold, which includes:
- Significant and permanent loss of bodily function
- Permanent injury within a reasonable degree of medical probability
- Significant and permanent scarring or disfigurement
- Death
Once this threshold is met, you can pursue compensation for pain and suffering, emotional distress, and other damages that PIP won’t cover. A lawyer can evaluate whether your injuries qualify and build the necessary medical evidence to support your claim.
What an Attorney Can Do for You After a Crash
Even if your case seems straightforward, having a personal injury lawyer on your side after a car accident provides real advantages.
An experienced lawyer can help by:
- Investigating the accident: Gathering police reports, traffic camera footage, witness statements, and black box data is crucial to proving fault.
- Valuing your case: Attorneys understand the full scope of recoverable damages, including future medical care, loss of earning capacity, and non-economic harm.
- Negotiating with insurance companies: Lawyers are skilled at pushing back against bad-faith tactics, stall tactics, and inadequate offers.
- Filing a lawsuit if necessary: If negotiations fail, your attorney can prepare your case for trial and advocate for you in court.
- Managing medical liens and subrogation: If health insurers or medical providers try to collect from your settlement, an attorney can negotiate these amounts to maximize your recovery.
In short, a good lawyer does much more than fill out forms. They protect your rights and financial future.
What if the Other Driver Is Uninsured or Underinsured?
Florida drivers are not required to carry bodily injury liability insurance. That means many crash victims are hit by drivers with no coverage or minimal coverage.
In such cases, your uninsured/underinsured motorist (UM/UIM) coverage may apply. But even your own insurer may dispute the claim or try to avoid paying.
An attorney can review your policy, file a UM/UIM claim, and compel your insurance company to honor its obligations. This is especially important in serious accidents where medical costs exceed the other driver’s (or your own PIP) coverage limits.
How Comparative Fault Works in Florida
Under Florida’s modified comparative negligence system, you can still recover damages if you were partially at fault, but your compensation will be reduced by your percentage of fault. And if you’re found to be more than 50% responsible, you recover nothing at all.
Insurance companies may exploit this rule by blaming you for part of the crash, even if you did nothing wrong. An attorney can investigate the facts and fight back against unfair accusations of fault.
How Much Does It Cost to Hire a Car Accident Lawyer?
Most car accident lawyers work on a contingency fee basis, which means:
- No upfront fees
- No hourly billing
- No payment unless you win
Your lawyer only gets paid if they recover compensation for you. The typical fee is a pre-agreed-upon percentage of the final settlement or verdict. Contingency fees give injured victims access to high-quality legal representation without financial risk.
When to Call a Lawyer After a Stuart Car Accident
You should contact an attorney as soon as possible after a crash, especially if:
- You suffered serious or permanent injuries
- The insurance company is denying or delaying your claim
- You were hit by a commercial vehicle, a drunk driver, or an uninsured motorist
- There’s a dispute about who caused the accident
- You’re unsure what your case is worth
The sooner you get legal help, the better your chances of preserving evidence, meeting legal deadlines, and avoiding costly mistakes.
Contact Kibbey Wagner Injury & Car Accident Lawyers For Help Today
Being “not at fault” isn’t enough to guarantee full compensation. Florida’s insurance laws are complicated, and insurers are motivated to protect their bottom line, not your recovery. A skilled car accident lawyer can step in, fight for your rights, and help you secure the money you need to move forward.
For more information, please contact the Stuart, Port St. Lucie, or Palm Beach Gardens personal injury law firm of Kibbey Wagner Injury & Car Accident Lawyers to schedule a free consultation today.
We proudly serve Martin County, St. Lucie County, Palm Beach County, and its surrounding areas in Florida:
Kibbey Wagner Injury & Car Accident Lawyers Stuart
73 SW Flagler Ave
Stuart, FL 34994
(772) 444-7000
Kibbey Wagner Injury & Car Accident Lawyers Port St. Lucie
1100 SW St. Lucie West Blvd. Ste 202
Port St Lucie, FL 34986
(772) 247-3374
Kibbey Wagner Injury & Car Accident Lawyers Palm Beach Gardens
300 Ave of the Champions Ste 170
Palm Beach Gardens, FL 33418
(561) 944-4000