What If the Other Driver Was Uninsured or Underinsured?
An accident can occur in a matter of moments, creating problems if you are involved in an accident with a driver who is not carrying the legally required insurance or lacks liability coverage. If you were hit by a driver who is uninsured or underinsured, you need to act quickly. To ensure that your rights are protected, you will want to seek guidance from a Florida uninsured accident attorney.
Florida’s Auto Insurance Requirements
Florida is a no-fault state, so any driver involved in an accident will file a claim with his or her respective insurance company. In the Sunshine State, drivers are required to carry $10,000 in Personal Injury Protection (PIP) and $10,000 in Property Damage Liability (PDL).
PIP covers 80 percent of all reasonable and necessary medical expenses and 60 percent of lost wages related to an accident, paying out a maximum of $10,000. In addition, PIP offers $5,000 in death benefits. Similar to other no-fault states, PDL covers any damage caused by you or another person driving your vehicle.
Unlike many states, Florida does not require its drivers to carry bodily injury liability coverage. This creates a potential issue if you are in an accident with an underinsured or uninsured driver. Given the complexities of not having liability insurance, many drivers choose to purchase it for added protection.
Steps to Take Against an Uninsured/Underinsured Driver
A Florida uninsured accident attorney may apprise you of the following options if you find yourself in an accident with an uninsured or underinsured driver:
File a Claim Under Your UM/UIM
Uninsured motorist (UM) coverage pays if you are hit by another driver who is at fault but does not have sufficient liability coverage or does not meet the state’s minimum auto insurance requirements. UM will also cover hit-and-run situations or any situation in which you are hit by a “phantom” driver. UM provides coverage for medical expenses, lost income (beyond PIP), sickness, disease, and death.
Take Legal Action Against the At-Fault Driver
If the at-fault driver does not carry the necessary insurance to cover your injuries, then you do have the option to file a lawsuit. While this is a viable option, if the other driver does not have the financial means to pay, then the defendant is considered judgment-proof. Even if a judgment is filed against the individual, you are unlikely to get compensated for your losses. In some cases, a property lien may be placed against the defendant’s house to secure the judgment.
Reach Out to a Florida Uninsured Accident Lawyer
A Florida uninsured accident lawyer will advise you regarding legal recourse. While you deserve just compensation for your injuries, lost income, and emotional trauma, you do not want to place yourself in a more precarious financial situation. Litigation involves court fees and extensive time. Both are precious resources that you cannot afford to squander following an accident.
A Florida Uninsured Accident Lawyer Providing Aggressive Counsel
The insurance and litigation process is complex, requiring that you speak with someone who has experience navigating such intricacies. A Florida uninsured accident lawyer will review the facts of your case and help you determine which course of action makes the most sense given your situation. To schedule your free consultation, contact us by phone or by completing our online contact form.