Suffering severe injuries in a traffic accident can disrupt every aspect of your life. You might experience debilitating pain, emotional trauma, and financial turmoil due to hospital bills and missed time at work. If another driver’s negligence was the cause of the accident, you might be eligible to file an insurance claim to hold them accountable and gain compensation for your losses.
However, recent studies suggest that as many as one in five Florida drivers lack automobile insurance. These statistics make the prospect of being involved in an accident with an uninsured driver highly likely, which raises many questions. How do you file a claim against an uninsured driver in Florida? How do insurance companies go after uninsured drivers? The legal team at Jurewitz Law Group Injury & Accident Lawyers has compiled this guide to the uninsured motorist claim process to help you answer these questions.
Florida Insurance Requirements
Florida is a no-fault state for car accident claims. This means that, in the first instance, individuals who suffer injuries in a car crash will seek compensation from their own insurance. The state requires all vehicle owners to carry a minimum $10,000 personal injury protection (PIP) insurance policy, as well as $10,000 in property damage liability (PDL) coverage.
For vehicles registered as taxis, the minimums are $125,000 in bodily injury liability (BIL) coverage per person and $250,000 per crash, as well as $50,000 in PDL coverage.
Personal Injury Protection Coverage Claim
After an accident with an uninsured driver in Florida, your first step should be to file a claim with your own personal injury protection (PIP) coverage. PIP is designed to provide compensation for medical expenses, lost wages, and other related costs, regardless of who was at fault for the accident. In Florida, PIP coverage generally covers up to 80 percent of your medical expenses and 60 percent of your lost income, up to your policy limit.
To file a PIP claim, you must notify your insurance company as soon as possible after the accident. Provide them with all the necessary information, including the date and location of the accident, a description of your injuries, and any medical treatment you have received. Your insurance company will then open an investigation into your claim and determine what they should pay.
Uninsured/Underinsured Motorist Coverage Claim
If your injuries and losses exceed the limits of your PIP coverage, you might need to turn to your uninsured/underinsured motorist (UM/UIM) coverage. UM/UIM coverage is an optional type of insurance that provides additional protection if you have an accident with an uninsured or underinsured driver.
To file a UM/UIM claim, you will need to provide your insurance company with evidence of the other driver’s lack of insurance or insufficient coverage. This may include a police report, witness statements, and any correspondence with the other driver or their former insurance company. Your insurer will then investigate your claim and determine the amount of compensation you are entitled to under your UM/UIM policy.
It is important to note that UM/UIM claims can be complex and may require significant documentation and negotiation with your insurance company. An experienced car accident attorney can help you through this process and increase your chances of receiving the compensation you deserve.
Health Insurance Coverage
If PIP doesn’t cover all your medical expenses, and if you didn’t purchase UM/UIM coverage or if you exhaust your policy limits, you have another alternative. You could put your medical expenses through your healthcare insurance coverage. If you eventually get money from the uninsured driver for your accident, your healthcare insurer may be owed some of that money for the expenses they paid on your behalf.
Filing a Lawsuit
If your losses exceed the limits of your PIP and UM/UIM coverage, you might need to file a lawsuit against the uninsured driver to seek compensation for your losses. In Florida, you have two years from the accident date to initiate legal action.
To file a lawsuit, you must prove that the other driver’s negligence caused your injuries and other losses. This may require gathering evidence such as police reports, witness statements, medical records, and expert testimony. You will also need to demonstrate the extent of the accident’s consequences, including medical expenses, lost income, pain and suffering, and reduced quality of life because of the accident.
However, it is crucial to consider the potential outcomes of filing a lawsuit against an uninsured driver. Even if you win your case and are awarded damages, the uninsured driver may not have the financial means to pay the judgment. In some cases, the court may allow you to garnish the driver’s wages or place a lien on their property to recover the money you are owed. However, if the driver has limited assets and income, collecting the full amount of the judgment may be difficult.
Filing a lawsuit can be a lengthy and complex process, and it is essential to have an experienced personal injury attorney on your side. Your attorney can help you understand the potential outcomes of filing a lawsuit against an uninsured driver and explore all available options for recovering compensation for your losses. They can also help you build a solid case, negotiate with the other driver’s attorneys, and represent your interests in court to fight for the maximum compensation available in your case.
Contact a Personal Injury Attorney for Uninsured Driver Accidents Today
Being involved in a traffic accident with an uninsured driver can amplify stress in an already overwhelming situation. It is normal to wonder whether you will ever receive the compensation you deserve for your losses. However, it is essential to remember that you still have options. An experienced Tampa personal injury attorney can provide car accident legal advice for uninsured driver accidents, helping you to understand your rights.
The skilled and knowledgeable Tampa car accident lawyers of Jurewitz Law Group Injury & Accident Lawyers understand how challenging life can feel after suffering injuries in an accident with an uninsured driver. With nearly two decades of experience helping injured individuals recover compensation in the face of significant difficulties, we are ready to help you get the justice and financial recovery you deserve. Whether through an insurance claim or a lawsuit, we will fight aggressively for your interests. Call us today at (619) 233-5020 or contact us online to learn more about how we can help you with your claim.
