Driving is one of the most dangerous activities the average person in the United States does on a daily basis. In the State of Florida, there is a particularly high number of car accidents, where The Florida Department of Highway Safety and Motor Vehicles (FHSMV) reported a total of 340,899 accidents in 2020. These crashes resulted in 212,261 reported injuries and 3,336 deaths.
When a car accident occurs, all involved drivers are required to report this to their insurance provider (which the law requires you to have if you own a vehicle). In some cases, however, uninsured drivers are involved in a car accident. This can make filing a claim for damages against this driver more complicated but not impossible.
If you have been in an auto accident with an uninsured driver, it is highly recommended that you seek legal representation from a reputable law firm such as The Law Place. Our team of skilled personal injury attorneys has lots of experience in relevant practice areas and with personal injury cases involving uninsured drivers. We offer a free case evaluation to our new clients, so you can speak to an Englewood personal injury lawyer about the specifics of your case and get free legal advice about the next best steps to take if you were considering filing a claim. If you decide to work with us following this initial free consultation, then a personal injury attorney will guide you through the whole process and fight for your right to compensation for your damages.
If you have been in an accident in Englewood involving an uninsured driver, then you deserve justice. Allow us to help. Our phone lines are open 24 hours a day, 7 days a week. Call today.
Florida Auto-Insurance Laws
Under Florida Statute 627.736, all drivers must have personal injury protection (PIP) coverage with a minimum of $10,000 and property damage liability (PDL) of at least $10,000. These insurance laws exist to make roads safer for drivers, pedestrians, and cyclists. They are to ensure that if an auto accident occurs, then all of the involved parties will have a level of coverage for any damage or injuries they might sustain in the crash. Although it is highly irresponsible and illegal, it is unfortunately common for some drivers not to have any motor insurance.
If your auto accident involved an uninsured driver, then the process of claiming back compensation for damages and injuries can be complicated as it would usually be the driver’s insurance company that would pay out a settlement in a personal injury case.
Uninsured and Underinsured Motor Insurance
If you already have uninsured or underinsured motorist coverage in Florida, then you will be protected in the case that you have an accident involving an uninsured driver. It is not a legal requirement to have uninsured motorist coverage. However, it is recommended to protect you from the high number of uninsured drivers on the roads in Florida. If you are involved in a collision with an uninsured driver, and you do have this type of insurance, then you will receive compensation up to the limit of your added policy. If the driver is underinsured, then you can claim compensation from their insurance up to the minimum coverage required by law, and if you’re due compensation extends further than this, then you can claim under your own uninsured motorist coverage.
If you did not take out this type of policy before the crash, then the only way to receive compensation will likely be through lodging a claim for damages in court.
Uninsured Motorist Accidents Liability in Englewood, Florida
If you have been the victim of an accident involving an uninsured motor vehicle in Englewood, Florida, then you will have to file a damages claim in order to receive the compensation you deserve. You or a personal injury lawyer will need to establish who was at fault for the accident. To win back this compensation, you will have to be able to prove the following:
- A duty of care exists – In Florida, all drivers have the moral and legal obligation to try to ensure the safety of other drivers, passengers, cyclists, and pedestrians while driving. A driver should take all the available precautions to avoid an accident from occurring. This is detailed under Florida Statute 316.208.
- The driver did not follow this duty of care – It must be proved that the driver breached their duty of care by driving negligently or recklessly, for example, driving under the influence of drugs or alcohol (DUI), texting while driving, failing to obey traffic signals, etc.
- The breach in duty of care resulted in the accident – It must be proved that this reckless or negligent driving behavior can the cause of the auto accident.
- The accident resulted in damages – Car accidents always lead to damage of some kind. This can be to vehicles, personal possessions, personal injuries, and other types of suffering. These damages can be calculated with the help of an experienced personal injury lawyer, who will fight for the greatest amount of compensation for you that is possible.
Claiming compensation from your own insurance in the event of a collision with an uninsured driver can be complicated, particularly if you don’t have uninsured motorist coverage. Your best option is to seek legal representation from an experienced Englewood personal injury lawyer who can help you prove that the other driver was liable and so to fight for your rightful compensation with a personal injury claim.
We’re Florida’s top litigation team with over 75 years of combined experience
Damages Available Following an Englewood Uninsured Driver Accident
Every case is different, but every car accident will lead to damages of some kind. If you have been in a car accident that wasn’t your fault in Englewood, Florida, then a personal injury lawyer will be able to help you calculate the value of these damages. You could be liable to file for the following damages:
- Lost wages – If the injuries you sustained from your accident have forced you to take time off work or could impact your ability to work in the future, then you are entitled to claim back these lost present or future wages.
- Medical bills – Recovering from a car accident can be extremely expensive, especially if your injuries require surgery, medication, and rehabilitation. You should keep all records of expenses, which you can claim back.
- Pain and suffering – A personal injury lawyer can also help you calculate emotional trauma that you might have suffered as a result of the accident, such as depression, PTSD, insomnia, etc.
- Wrongful death – In accordance with Florida Statute 768.21, if you have lost a family member to a car crash, then you can file a wrongful death suit to recover the funeral expenses and the loss of income to the family household.
- Property damage – You can claim compensation for any personal items that may have been damaged in the crash, such as clothes and your phone, and damage to the vehicle.
If you have been in an accident with an uninsured driver, then a judge might be reluctant to grant the full amount of compensation you are due if they believe that the driver will be unable to pay it. In a normal case, the driver’s insurance company would pay out the compensation, but retrieving the money you deserve directly from the driver can be more difficult. This is why it is essential that you seek legal representation from a personal injury attorney who will guide you through the process of a personal injury claim in this circumstance. Call today to schedule a free consultation with one of our personal injury attorneys.
From the initial call to updates on your case status, we are here to get you answers.
Discovery of Hidden Assets
One means by which you might be able to receive the compensation you deserve is the discovery of hidden assets owned by the other driver. A personal injury attorney would be able to run a credit card check on the third party to find out if they have any hidden assets or funds. If it turns out that they do have hidden assets, then your lawyer will file to have these assets frozen to prevent the at-fault party from moving or spending them. If an uninsured driver is involved in a crash, they will most likely try to move or spend these assets as soon as possible to prevent them from being found. For this reason, we recommend that you arrange a free case consultation to speak to an Englewood personal injury lawyer as soon as you can. The quicker you act, the more likely you are to receive the compensation you are entitled to. Call us today for free, no-obligation legal advice.
File a Claim Through Your Own Insurance Company
The law in Florida requires that you contact your own insurance provider first in the case of an accident. You should check your insurance policy, as the window in which you must call them following an accident could be as little as 24 hours. It is important that you contact your insurance provider within 24 hours of the accident, particularly if the other involved driver is reluctant to give you their personal and insurance details or if they refuse to do so. If the driver responsible for the crash is uninsured, then you may have less time to claim against that driver on your policy.
We advise you to be cautious when you contact your insurance provider, as insurance companies are notorious for their methods of devaluing claims and doing everything they can to reduce the amount they payout. If you do call them, we recommend that you keep details of the crash vague and not admit any fault on your part. We recommend that you call us before you speak to your insurance provider so that we can advise you on what to say or not say to avoid them having information to use against you. In a free case evaluation with one of our Englewood personal injury attorneys, you can ask for advice on the best way to communicate with your insurance company to reduce the chance of them devaluing your claim. If you decide to continue working with us, we can deal with all communications with third parties and insurance companies so that you can focus on your recovery.
Call The Law Place Today
If you have been in a car accident with an uninsured or underinsured driver, then we know how stressful this can be. Luckily, our team of Englewood personal injury attorneys at The Law Place have plenty of experience with personal injury cases like yours and, given the opportunity, will fight tooth and nail to ensure that you get the compensation you deserve for an accident that wasn’t your fault.
Contact us today to schedule a free consultation with one of our lawyers. They can give you free advice about the next steps you can take. If you decide to contract our services after this initial free consultation, then you will be assigned an attorney with evidence in the relevant practice areas. They will take your case from there, being your point of support and contact throughout the entire personal injury case.
Our lawyers work on a contingency fee basis, meaning that there are no upfront costs, and all legal fees will be deducted from your final settlement if your personal injury case is successful. If your case is unsuccessful, then you won’t have to pay a dime. So what do you have to lose? Contact The Law Place today.
Our phone lines are open 24h a day, 7 days a week. Call now.