Many motorists on the roads and highways of Sarasota drive without motorist coverage. Unfortunately, uninsured drivers make it difficult to file a personal injury claim and collect the damages you rightly deserve in the event of an accident. However, while many drivers assume that they are out of luck when they get into a car accident with a driver without insurance, you can still recover damages, either through your own policy’s uninsured motorist coverage or, by using the driver and appointing a law firm to represent you.
Our uninsured motorist accident attorneys at The Law Place in Sarasota can aggressively assert your right to damages if you were hurt by an uninsured motorist. If an accident you have been involved in has resulted in bodily injury, lost wages, and expensive medical bills, contact us at The Law Place today on 941-444-4444 for a free consultation. Our experienced Sarasota personal injury lawyers are ready to assist you with your case.
Florida Auto Insurance Laws
According to Florida Statute 627.736, every motorist in Florida must have Personal Injury Protection (PIP) insurance coverage in the event of an accident. PIP protects individuals who were injured in a crash, including the driver, passengers, and anyone outside of the vehicle, such as a pedestrian or bicyclist.
Florida does not require drivers to obtain uninsured motorist coverage. Uninsured motorist coverage protects a motorist involved in a serious accident up to the maximum amount allowed under his or her policy. Many motorists drive without the required insurance to cover the costs of bodily injury caused by uninsured drivers even though this type of coverage is offered by all insurance companies. This makes it incredibly difficult for victims to cover medical bills for bodily injury, as well as any other compensation that they may be entitled to.
Uninsured Motorist Accidents Liability
If you were involved in an uninsured car accident, you can file a personal injury claim against the driver who caused your injuries. Even if the driver was uninsured, there are avenues you can pursue to get recovery for your injuries, but the first step is to establish the driver’s liability.
To prove the driver’s liability, you often must show that he or she was negligent. Negligence requires that you prove:
- Duty of care (equal to a reasonably prudent driver under similar circumstances).
- Breach of duty.
- Causation (the breach resulted in your injuries).
- Damages (actual costs incurred for your injuries, such as medical bills).
Once you prove the defendant’s negligence, you can seek compensation from your own insurer if you have uninsured motorist coverage. If you do not, you still may be able to get damages from the at-fault driver’s assets or other insurance policies. Speaking with a knowledgeable accident attorney will help you understand your rights and determine the possible avenues of recovery. Our Sarasota car accident lawyers at The Law Place in Sarasota, FL, can help to establish this and will always offer a free consultation.
If you can establish liability, you may be able to recover damages for your present and future medical expenses, lost wages, loss of earning capacity, and property damage. You may also initiate a wrongful death action if you lost a relative in an uninsured motorist crash (subject to your specific coverage.)
Unfortunately, suing an uninsured driver typically does not put a lot of money in your pocket. This is usually because uninsured drivers do not have a lot of resources to spare, which is why they are driving uninsured in the first place. Judges in Sarasota are unlikely to award you a large settlement against an uninsured driver if you win because the defendant does not have the money.
The judge may also be reluctant to force a payout if payments are not met. However, it is important that you discuss your unique situation with an experienced attorney, as there may be other avenues you can explore in order to obtain rightful compensation. At The Law Place, we will always strive for the best possible outcome for you if you have been a victim in a car accident.
Discovery of Hidden Assets
If there is evidence that the driver of the uninsured car has hidden assets or money, there is a chance that you would be able to fight for rightful compensation. In order to determine if this true in your case, you would need to appoint an attorney who would be able to run a credit or asset check against the driver. If hidden assets or money are discovered, a car accident lawyer can strive to retain the assets by freezing accounts. This ensures that a defendant cannot try to hide the assets or move them around during the course of litigation in an attempt to get out of paying. This is something our law firm can do on your behalf.
File a Claim Through Your Own Insurance Company
If you suspect that the driver that you hit you does not have insurance, notify your insurance company right away of your intent to file a claim under your uninsured motorist coverage. Working with a claim where a driver does not have motorist coverage is a bit different than working with a typical insurance claim, as you have limited time to file the claim. If the other driver claims to not have insurance, or if they refuse to give you any insurance information with regards to their coverage, notify your insurance company right away.
Contact Us at The Law Place Today
At The Law Place, based in Sarasota, FL, we have helped countless clients recover damages from uninsured drivers. If you or a loved one has been injured in a car accident involving an uninsured driver, contact our Sarasota personal injury law firm today by calling us on 941-444-4444.