Driving without motor insurance is a common occurrence in Port Charlotte, Florida. This creates a difficult situation on the road for insured drivers who get into a car accident with an uninsured driver. Trying to receive compensation for any injuries or property damage sustained as a result of an uninsured car accident can be complicated, particularly when a driver does not have uninsured motorist coverage. However, an experienced automobile accident attorney can help file an injury claim on your behalf to get you the compensation you are owed.
Our law firm is experienced in dealing with both personal injury cases and cases involving car accidents, and we have a proven track record in getting our clients the compensation they deserve. We boast over 75 years of combined experience in multiple practice areas, meaning you will benefit from a wide range of skills and knowledge. Our firm offers a free consultation where you can speak to one of our car accident lawyers with no strings attached. We can offer you honest legal advice on what your best options are for your uninsured car accident claim.
Call today at (941) 444-4444 to schedule a free consultation in Port Charlotte, FL. Our phone lines are open 24 hours, 7 days a week, to fit in with your busy schedule.
Auto Insurance Laws in Port Charlotte, FL.
The law in Florida requires that all road users have a minimum of $10,000 in personal injury protection (PIP) insurance coverage, as provided for under Florida Statute 627.736. This law is in place to ensure that the roads are kept safe for everyone and so that if an accident occurs, those involved are adequately protected.
When motor vehicle accidents involving an uninsured driver happen, the process of receiving compensation becomes difficult. If you are protected by uninsured motorist coverage, you can make a claim under this. However, if not, you will have to make a personal injury claim against the uninsured driver to receive any compensation for the automobile accident.
It is not a requirement in Florida that you have uninsured driver coverage. However, having it means you are protected against any injury or damage suffered as a result of motor vehicle accidents involving an uninsured or underinsured driver. If the other driver is underinsured, the policy will cover the excess costs not covered under your primary policy, and if they are uninsured, you will be compensated up to the maximum amount covered under your policy. As there are so many drivers without insurance policies on the roads of Port Charlotte, Florida, taking out uninsured driver coverage is advised. Without this coverage, it can be difficult to pay for medical bills or any other damages sustained as a result of the car accident.
Uninsured Motorist Accidents Liability in Port Charlotte, FL.
If you have been involved in a car accident in Port Charlotte and the other driver didn’t have insurance, you may still be able to receive compensation for any property damage or personal injury you have suffered. In these situations, you can file a personal injury claim against the other driver if it can be established that they are liable.
In order to establish liability on the other party, it must be proven that they were negligent. Negligence under law comprises of four main elements:
- A duty of care – All road users in Florida owe a duty to ensure that the roads are kept safe.
- A breach of duty – It must be shown that a driver breached this duty by acting negligently or driving recklessly.
- Causation – You must prove that the damage or injuries you sustained were a direct result of the breached duty.
- Damages – You must have suffered damages from the automobile accident, including damage to personal property or personal injuries.
If it can be shown that the other driver was negligent and that their negligence directly caused your injuries, you can make a claim under your own uninsured driver coverage or file a claim against them in a Port Charlotte court. Having the assistance of one of our car accident attorneys in these situations is recommended as the legal process is difficult to navigate alone. At The Law Place, we offer a free consultation where you can receive legal guidance from one of our experienced personal injury lawyers.
Seeking Compensation in Port Charlotte, FL.
Once liability is established for your Port Charlotte car accident, damages may be available for you to recover. You can claim any medical bills, future medical expenses, property damage, and lost wages as a result of the automobile accident, including any potential future earnings. In the event that you have lost a loved one as a result of an auto accident, you can claim wrongful death damages, which covers a loss of income to the family household and funeral expenses.
It is often the case that a driver without an insurance policy does not have much money or assets to compensate you for the injuries you’ve suffered. This often results in a victim not being able to receive the compensation they are owed from the other party. Additionally, a Port Charlotte judge will be hesitant to make an uninsured driver pay you a large settlement. Even if they do, the possibility of you being able to actually receive these damages is low.
It is still possible for you to receive damages, however. This is why we recommend speaking with one of our car accident lawyers who can advise you on how best to proceed with your Port Charlotte car accident case. They will examine other potential ways for you to receive compensation.
Discovery of Hidden Assets in Port Charlotte, FL.
In some cases, a personal injury attorney may find on investigation that the other party has hidden assets. In order to find out whether they do have any hidden assets, an attorney will conduct an asset or credit check. If money or assets are found, a lawyer can petition the court to get these frozen in order to prevent the other party from moving or hiding the money. This money can then be used to pay you the compensation you deserve for your Port Charlotte car accident. A car accident attorney will be able to run a credit check on your behalf and try to retain any hidden assets the other party may have.
File a Claim Through Your Own Insurance Company in Port Charlotte, FL.
If you have been involved in a car accident in Port Charlotte, it is required that you contact your own insurance company within the first 24 hours. It is also important that you contact your insurance immediately if you have suspicions that the other driver doesn’t have insurance, as you may have less time to make a claim under your uninsured driver coverage. These claims are usually more complex, which is why we recommend speaking with a car accident attorney in Port Charlotte.
Although you are required to notify your insurance company immediately following a car accident in Port Charlotte, FL., we recommend speaking with a car accident attorney prior to calling them. This is because it is common for insurance companies to use information you give them to devalue your insurance claim. Injury lawyers are experienced in dealing with insurance companies and can advise you on what information you should divulge. If you call our law firm for a free consultation, we will instruct you on how we think you should communicate with them in order to prevent them from devaluing your claim. If you decide to proceed with us as your legal representatives, we can carry out all further communication with your insurance company on your behalf.
Contact The Law Place in Port Charlotte, FL., Today
If you have been involved in a Port Charlotte car accident involving a driver without insurance and have been injured as a result, you should contact us at The Law Place today. Our law firm has over 75 years of combined experience in multiple practice areas, including cases involving car accidents. We offer a free consultation with an experienced car accident attorney from our firm who will give you legal guidance on how best to proceed with your auto accident case.
We know that being involved in a motor vehicle accident can be extremely stressful and traumatic, particularly when you have been injured or when someone you love has died. This situation can be made even more stressful when the other party doesn’t have an insurance policy. Trying to receive compensation from uninsured drivers following a motor vehicle accident is difficult, and without the assistance of a Florida personal injury lawyer, it can be near impossible. This is why we are here to help you. We want to ensure that you receive the compensation you are owed for your uninsured motor vehicle accident.
Call our law firm today for a free case evaluation with a car accident attorney from our legal team at (941) 444-4444. Our lines are always open.