When an uninsured or underinsured driver hits you in Tampa, you face a difficult situation. The at-fault driver lacks sufficient insurance to cover your medical bills, lost wages, and pain and suffering. At Jurewitz Law Group Injury & Accident Lawyers, our Tampa uninsured and underinsured motorist lawyers understand the frustration and financial hardship these accidents create. We help victims throughout Hillsborough County seek compensation through uninsured/underinsured motorist (UM/UIM) coverage and other available legal options. Contact Jurewitz Law Group Injury & Accident Lawyers today at (813) 605-1100 for a free consultation.
Why Choose Jurewitz Law Group Injury & Accident Lawyers for Your Uninsured Motorist Case
Uninsured and underinsured motorist cases require attorneys who understand Florida’s insurance laws. You also need lawyers who know the tactics insurance companies use to minimize settlements. Jurewitz Law Group Injury & Accident Lawyers brings decades of combined experience handling UM/UIM claims throughout Hillsborough County and Florida.
Our Results Demonstrate Our Commitment
We’ve recovered nearly $250 million for clients nationwide. Our attorneys have secured substantial recoveries in various cases, including a $19.1 million settlement for a mother and daughter killed by a semi-truck and $1.8 million for a trucking accident victim. While every case is unique, our track record of case results shows our dedication to pursuing compensation for our clients.
Florida-Licensed Attorneys with Local Knowledge
Attorney Gregg Spagnolia handles cases from our Tampa office. He brings nearly a decade of experience in Florida personal injury law. Our team understands Florida’s no-fault insurance system, UM/UIM coverage requirements, and court procedures that impact your case. This local knowledge helps us in negotiating with insurance companies and presenting cases to judges and juries.
Recognition for Legal Excellence
Our firm has earned recognition from legal organizations, including Super Lawyers recognition for founding attorney Ross Jurewitz. Multiple attorneys hold Million Dollar Advocates Forum membership. Senior Litigation Attorney James Joseph received Rising Star recognition. These honors reflect our record of results and our ability to take on large insurance companies with confidence.
Exclusive Representation of Injury Victims
We exclusively represent injury victims, and never insurance companies or corporations. This means our interests align with yours. We handle all uninsured motorist cases on a contingency fee basis, so you pay no attorney fees unless we recover compensation for your case. Additionally, we advance all case expenses, allowing you to focus on recovery while we handle the legal work.
Understanding Uninsured & Underinsured Motorist Coverage in Florida
Uninsured and underinsured motorist coverage protects you when the at-fault driver lacks sufficient insurance. Florida law requires insurance companies to offer this coverage, though it remains optional. Understanding the difference between UM and UIM coverage is important for protecting your rights after an accident.
What Is Uninsured Motorist (UM) Coverage?
Uninsured motorist coverage applies when the at-fault driver has no insurance at all. This coverage pays for your medical expenses, lost wages, pain and suffering, and other damages up to your policy limits. UM coverage also applies in hit-and-run accidents where the at-fault driver cannot be identified. Without UM coverage, you would have limited options for recovering compensation from an uninsured driver who may lack personal assets to collect from.
What Is Underinsured Motorist (UIM) Coverage?
Underinsured motorist coverage applies when the at-fault driver has insurance. However, their coverage limits are insufficient to pay for all your damages. UIM coverage bridges the gap between the at-fault driver’s insurance limits and your actual damages. For example, if the at-fault driver has $25,000 in liability coverage but your damages total $100,000, your UIM coverage can help cover the $75,000 difference (up to your UIM policy limits).
How Many Uninsured Drivers Are on Tampa Roads?
The problem of uninsured drivers in Tampa is more serious than many residents realize. Approximately 1 in 5 drivers in Florida operate vehicles without insurance, according to insurance industry data. In Hillsborough County, this means hundreds of thousands of uninsured drivers share the road with you every day.
This statistic matters because it highlights why having adequate UM/UIM coverage is important. Even careful drivers cannot control the actions of uninsured motorists. An accident with an uninsured driver can result in significant financial consequences without proper coverage. Many accident victims discover too late that they lack sufficient UM/UIM protection to cover their injuries and losses. Uninsured driver statistics underscore the importance of comprehensive coverage.
The prevalence of uninsured drivers in Tampa also explains why insurance companies must offer this coverage. Florida recognizes that residents need protection against the financial impact of accidents with uninsured and underinsured drivers. If you haven’t reviewed your UM/UIM coverage limits recently, now is the time to do so. Reviewing your insurance coverage after an accident is essential.
Your Options After an Accident with an Uninsured Driver
After an accident with an uninsured driver, you have several options for pursuing compensation. Understanding these options helps you make informed decisions about your case with the guidance of a Tampa car accident attorney.
File a Claim Under Your UM/UIM Coverage
Your first option is to file a claim under your own uninsured or underinsured motorist coverage. This process involves notifying your insurance company of the accident. You’ll also need to provide documentation of your injuries and damages. Your insurer will investigate the accident and determine liability. If the at-fault driver is found to be uninsured or underinsured, your UM/UIM coverage applies.
The claims process requires documentation and communication. Insurance adjusters may attempt to minimize your claim or pressure you to accept a settlement. An attorney can handle communications with your insurance company, protecting your rights throughout the process. Filing a UM/UIM claim requires careful attention to deadlines and documentation requirements.
Sue the Uninsured Driver Directly
Your second option is to file a personal injury lawsuit against the uninsured driver. This approach may be appropriate when the uninsured driver has personal assets that can be collected. However, many uninsured drivers lack assets, making collection difficult even if you win a judgment.
Pursuing a direct lawsuit against an uninsured driver often takes longer and costs more than filing a UM/UIM claim. However, in some cases, this approach may be necessary to hold the at-fault driver accountable and pursue compensation. An attorney can evaluate whether this option is appropriate for your specific situation.
Common Causes of Accidents Involving Uninsured Drivers in Tampa
Understanding why accidents occur helps identify liable parties and build cases. Many accidents in Tampa involve uninsured drivers who engage in reckless or negligent behavior.
- Distracted driving has become a leading cause of accidents in Tampa. Texting while driving increases crash risk, according to the National Highway Traffic Safety Administration. Uninsured drivers may be more likely to engage in distracted driving, as they often lack the financial resources to maintain proper insurance and may prioritize other expenses. Distracted driving accidents often result in serious injuries.
- Speeding and aggressive driving increase accident likelihood and injury severity. Excessive speed reduces reaction time and increases impact force. Many uninsured drivers exceed posted speed limits, especially on Tampa’s interstate highways during rush hour. Aggressive driving and speeding are common factors in serious injury cases. Speed-related accidents frequently involve uninsured drivers.
- Impaired driving from alcohol or drugs remains a serious problem. Impaired drivers have slower reaction times, poor judgment, and reduced coordination. These factors make accidents more likely and more severe. Uninsured drivers may be overrepresented in impaired driving accidents due to the correlation between risky behavior and lack of insurance. DUI accidents often involve uninsured motorists.
- Failure to follow traffic laws causes many accidents. Running red lights, failing to yield, improper lane changes, and ignoring stop signs all create dangerous situations. Reckless driving behaviors put everyone on the road at risk. Traffic violations frequently lead to serious collisions.
Florida’s No-Fault Insurance System and UM/UIM Claims
Florida is a “no-fault” insurance state, which means your own insurance company pays for your medical expenses and lost wages regardless of who caused the accident. This system can be confusing for accident victims unfamiliar with Florida law.
Under Florida’s no-fault system, you must first look to your own Personal Injury Protection (PIP) coverage for compensation. PIP covers up to $10,000 in medical expenses and lost wages. However, PIP does not cover pain and suffering or other non-economic damages.
To pursue compensation for pain and suffering and other damages beyond PIP coverage, you must meet Florida’s “serious injury threshold.” This threshold requires that your injuries result in permanent scarring or disfigurement, permanent loss of bodily function, or significant and permanent limitation of an important body function. Meeting the serious injury threshold is essential for pursuing additional damages.
Uninsured and underinsured motorist coverage operates differently from PIP. UM/UIM coverage applies after you’ve exhausted your PIP benefits and met the serious injury threshold. This coverage can pay for pain and suffering, lost earning capacity, and other damages not covered by PIP.
Florida also follows a modified comparative negligence system under Florida Statute § 768.81. This means you can recover damages even if you are partially at fault for the accident, provided you are 50% or less responsible. However, any compensation awarded will be reduced by your percentage of fault. Comparative negligence in Florida can significantly impact your settlement.
Frequently Asked Questions About Uninsured Motorist Claims
What is the statute of limitations for filing a UM/UIM claim in Tampa?
Florida law provides a two-year statute of limitations for negligence claims. This deadline was reduced from four years in March 2023 under House Bill 837. This deadline applies to both UM/UIM claims and direct lawsuits against uninsured drivers. Failing to file within this window will result in your case being dismissed. This deadline is important, making it necessary to contact an attorney promptly to protect your rights.
Can I recover compensation if I was partially at fault?
Yes. Florida’s modified comparative negligence system allows victims who are 50% or less at fault to recover damages. However, any compensation awarded will be reduced by your percentage of fault. For example, if you are found to be 20% at fault and the total damages are $100,000, you would receive $80,000. This makes it helpful to have an attorney who can argue your case and work to minimize any finding of comparative fault. Comparative fault in accident cases requires skilled legal representation.
What damages can I recover in a UM/UIM claim?
You can seek compensation for medical expenses (past and future), lost wages and lost earning capacity, pain and suffering, permanent scarring or disfigurement, and loss of consortium. The specific damages available depend on the severity of your injuries and the circumstances of your case. An attorney can evaluate your case and help determine the extent of compensation you may be eligible to receive. Types of damages in personal injury cases vary based on injury severity.
What if the uninsured driver caused a hit-and-run accident?
Uninsured motorist coverage applies to hit-and-run accidents where the at-fault driver cannot be identified. However, you must file a police report documenting the hit-and-run accident. Your insurance company will investigate the accident and determine whether UM coverage applies. An attorney can guide you through this process and help ensure your claim is documented and filed. Hit-and-run accident claims require immediate police notification and proper documentation.
Contact Our Tampa Uninsured Motorist Lawyers Today
If you’ve been injured in an accident with an uninsured or underinsured driver in Tampa or anywhere in Hillsborough County, seek legal representation promptly. The Tampa personal injury attorneys at Jurewitz Law Group Injury & Accident Lawyers offer free consultations to evaluate your case and explain your legal options.
We work on a contingency fee basis, meaning you pay no attorney fees unless we recover compensation for you. This allows you to focus on recovery while we handle the legal details. No-fee representation means you have nothing to lose by consulting with our team.
Contact our Tampa office today to schedule your free consultation. Florida’s two-year statute of limitations for personal injury claims makes it important to act quickly to protect your rights. Call (813) 605-1100 or fill out our online contact form to get started.
We represent accident victims throughout Hillsborough County, including Tampa, Plant City, Temple Terrace, Brandon, Riverview, Valrico, and surrounding communities. Local representation in Tampa ensures you have attorneys familiar with local courts and procedures.
