Despite Florida state law stipulating that all drivers must be in possession of insurance before they take a vehicle on the road, many people do not adhere to this rule. If such a person is then involved in an auto accident, it can pose problems for the other insured party.
If you have been involved in an accident with an uninsured driver, you may feel at a loss for what to do next. This is where a skilled attorney will be able to help. At The Law Place, we have over 75 years of combined experience. We offer a free consultation service that will allow you to talk to one of our team and ask all the questions you have. Then together, we will work to give you the best advice possible so that you can take the next step towards getting your life back on track.
Don’t let someone else’s negligence affect your life. Contact us today at (941) 444-4444. Phone lines are open 24/7.
In This Article
- How Can I Claim Compensation?
- What Is a No-Fault State?
- Will My PIP Cover All My Damages?
- What Can a Lawyer Do for Me?
- What Is Uninsured Motorist Coverage?
- What Does Uninsured Motorist Coverage Pay for?
- Can I Personally Sue the at-Fault Driver?
- The Law Place
How Can I Claim Compensation?
The most important thing to note is that you can still recover compensation even if the at-fault party does not hold insurance. If you have suffered severe injuries, then your case may become more challenging. This is why we advise that you seek the advice of an experienced auto accident lawyer as soon as possible.
Following an accident, you should acquire medical attention, which can then be used as evidence in your claim. As stated in Florida Statute 627.736, you have up to 14 days to get medical attention before you are no longer able to claim back the expenses from your insurance provider.
Furthermore, it is advisable to retain any documents that you can later use to prove that you have suffered as a result of your accident. This can include medical bills, invoices, receipts for travel, and medication. You should also keep documentation that demonstrates any loss of income. In the event that you are not able to continue working, both in the short term and in the long term, you may be able to have such losses compensated.
Building a case against an uninsured driver can be challenging, but an attorney can help you with exploring the options you have, including:
- Collecting from your insurance.
- Making an uninsured motorist claim.
- Personally suing the driver that caused the collision.
Making sure that you have a lawyer with proficient experience will be imperative to your case. It can be the difference between receiving the compensation you are entitled to and taking a lower settlement. Allow yourself the time to research any firm that you consider and talk to the lawyers themselves before making a decision.
For a free legal consultation, call 941-444-4444
What Is a No-Fault State?
Florida Statute 627.7407 stipulates that Florida is a no-fault state, meaning that a driver’s auto insurance will cover any damages or injuries they receive in an accident, rather than the insurance provider of the other party. Regardless of who was at-fault in an accident, both parties are required to make a claim with their own insurance company. No-fault states require drivers to be in possession of a minimum personal injury protection policy (PIP).
Will My PIP Cover All My Damages?
As detailed in Florida Statute 627.736, there is a minimum amount of insurance that every driver of a four-wheeled vehicle in Florida must hold:
- $10,000 in personal injury protection.
- A further $10,000 to cover property damage.
In holding this insurance, your provider must cover 80% of medical bills and property damage up to your policy limit. However, we advise against clients speaking to insurance companies directly. Their main objective is to pay out as little as possible and may use any details you give against your claim. If you have suffered severe injuries, then we understand that you may need to be compensated quickly. Insurance companies know this and will use your suffering to offer a lower settlement than you deserve. Finding representation that can act as an advocate on your behalf is your best chance of success.
What Can a Lawyer Do for Me?
There are many reasons why being represented by a reputable attorney will make your case stronger. They can help you with every step of the often complicated process.
- They will help you collect and arrange evidence in support of your claim.
- They will calculate the cost of your suffering accurately so that you can enter negotiations with your insurance company.
- They will help you to avoid making any errors that could give the insurance company reason to offer you a lower settlement.
- They will also have the knowledge and ability to challenge the insurance company’s own lawyers.
However, your PIP insurance may not cover the entire cost of your suffering as PIP was designed to compensate drivers in the event that they receive moderate or minor injuries. Usually, we would then turn the insurance company of the at-fault party. If this party doesn’t have car insurance, we must look into other methods of recovering compensation.
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What Is Uninsured Motorist Coverage?
Uninsured motorist coverage is optional coverage available when you are buying a car insurance policy. This coverage is designed to cover the expenses a driver faces when the at-fault party doesn’t have car insurance or is underinsured.
In Florida, many drivers actually have uninsured motorist coverage without knowing. Some policies are purchased with the automatic inclusion of such coverage, so it is advisable to check with your insurance company before making a claim.
With regards to time limitations, some insurance companies have their own policies. State law dictates that you have up to four years to file a claim citing negligence. However, often insurance providers work to stricter deadlines, with you only having 24 hours to report the accident, so acting fast becomes imperative.
What Does Uninsured Motorist Coverage Pay for?
Whilst uninsured motorist coverage does not pay for your car, it does cover a large range of expenses that you may face after an auto collision:
- Medical expenses.
- Future medical bills.
- Lost income.
- Future losses in income.
- A reduction to quality of life.
- Pain and suffering.
- Medical devices, such as wheelchairs.
- Costs to alter your property in order to accommodate any injuries or disabilities caused by the car accident.
- Costs to pay for activities you can longer do yourself. This includes services like cleaning, yard care, travel, etc.
Can I Personally Sue the at-Fault Driver?
In the event that you are in a collision with an uninsured driver, you should hire an experienced lawyer to review the case. They will be able to determine whether suing the other party is a viable method of recovering compensation. A claimant’s ability to file a personal injury claim against the uninsured driver will come down to the assets that the at-fault party possesses. If they have the means to compensate you for your suffering, this could be the most successful option.
The Law Place
Being the victim of a car accident is never easy. The damages faced can be financial, physical, and emotional. They can change your life in ways that you never expected, and for this, you deserve to receive compensation. Your best chance of getting the compensation that you deserve is through hiring a professional with the skill to face up to large insurance companies.
Here at The Law Place, we have the experience necessary to get great results for our clients. We work together to ensure that each case has the best possible chance of success. Our free consultation service allows you to ask all the questions you need before making any decisions about your representation.
We are dedicated to getting you the results you deserve. Our phone lines are open 24 hours a day, 7 days a week. Contact us today at (941) 444-4444. We are waiting for your call.