What to Do If the At-Fault Driver Has No Insurance
Given the 400,000 car accidents that happen in The Sunshine State each year, there is no denying the inherent danger of driving in Florida. While most of us carry the necessary insurance to cover us in the event of an accident, not all drivers take the same initiative. In fact, it is estimated that one in five Florida motorists are driving without insurance. While these people may feel like they are saving on an unnecessary cost, this is hardly the situation if they find themselves in a crash.
At Matthews Injury Law, our Tampa car accident lawyers are committed to helping you recover the entire extent of your accident-incurred losses. If you were involved in an accident with an at-fault driver who does not carry insurance, keep reading to learn about your legal options.
Florida is a No-Fault State
As a no-fault state, Florida drivers can file personal injury claims through their own insurance policy. No-fault states, such as Florida, require drivers to carry personal injury protection (PIP), which covers 80% of all reasonable and necessary medical expenses up to $10,000 per person. Additionally, PIP covers 60% of lost wages incurred due to your accident, which is up to $10,000. However, under the state’s “14-day rule,” you must seek medical evaluation and receive treatment within 14 days of your accident to file a PIP claim. If you wait longer, your medical bills and lost wages will come directly out of your own pocket.
What if My Medical Expenses or Lost Wages Exceed $10,000?
Unlike other states that require both bodily injury liability and property damage liability, Florida only requires drivers to carry property damage liability coverage of $10,000. So, if your medical expenses or lost wages exceed $10,000 and the at-fault driver does not carry bodily injury liability insurance, you will need to explore other recovery options.
Sue the Other Driver
Under Florida law, if you suffer a serious injury, you may be able to exit the no-fault system and sue the other driver. Under Fla. Stat. §627.737, pursuing civil action requires meeting the serious injury threshold, meaning that you either suffered significant or permanent loss of a major bodily function, have a high medical probability of permanent injury, or sustained significant scarring or disfigurement. If you meet any of these criteria, you will be able to sue the at-fault driver to cover the remaining 20% of your medical bills not covered under PIP or for any costs that exceed $10,000.
In reaching a personal injury settlement, the other driver will be personally responsible for paying you the agreed-upon amount. If the at-fault driver cannot afford to pay you a lump sum, a payment schedule may be negotiated. If the defendant defaults in paying you according to the settlement agreement, other recovery options may be available. These may include garnishing the defendant’s wages, placing a lien against non-homestead property, or obtaining a lien to sell their property.
Before filing a civil suit, you should find out if the defendant has sufficient income or assets to pay you if you should win. If the defendant is labeled judgment proof (whether it be due to little or no assets or their only source of income being government benefits), then you will most likely have no means to collect your judgment.
Uninsured Motorist Coverage
While not mandatory, Florida auto insurance companies must offer uninsured motorist coverage to drivers. Florida only offers uninsured motorist bodily injury (UMBI) insurance. The minimum liability coverage is $10,000 per person and $20,000 per accident.
Uninsured motorist coverage fills in the gaps between PIP and health insurance, reimbursing you for lost income, medical expenses, and noneconomic damages (pain and suffering, emotional distress, permanent disability, etc.). It is important that you find out if your auto policy includes UMBI so that you can know the full extent of your options. By filing a UMBI claim, you can avoid the hassle of litigation, saving you time and money.
Speak with a Tampa Car Accident Lawyer Today
A car accident comes with a rush of emotions, making you feel unsure of what steps need to be taken to get the compensation you need. At Matthews Injury Law, our Tampa car accident attorneys bring over 70 years of combined personal injury experience to the table. This real-world experience, combined with our commitment to justice, has allowed hundreds of injured persons to become whole again. Ready to find out the true worth of your car accident case? To arrange your free consultation, contact us online or give us a call at (813) 530-1000 today.