We rely on insurance to cover our losses after car accidents. But what happens when the at-fault driver won’t contact their insurance in Florida? This is undeniably frustrating, especially when you’re dealing with painful injuries and mounting bills. Any delay by the other driver can complicate your claim. Fortunately, a knowledgeable attorney can help you take action to address this situation.
The Florida car accident lawyers at Jurewitz Law Group Injury & Accident Lawyers understand this frustration and are here to help. We can take action to hold the at-fault driver accountable and work to secure the compensation you need. Don’t let the other driver’s refusal to cooperate derail your recovery. Keep reading to learn what steps you can take next.
An Overview of Florida’s Auto Insurance System
In Florida, the no-fault insurance system can complicate the process of recovering compensation after a collision. State law says anyone who owns a vehicle registered in Florida must have Personal Injury Protection (PIP) coverage. At a minimum, drivers must have $10,000 in injury coverage and $10,000 in property damage liability coverage. PIP coverage is your first option for recovering compensation for your losses after a crash, no matter who caused it. Your PIP coverage pays for 80 percent of your reasonable medical expenses up to your policy limits.
Theoretically, if you sustained minimal injuries in a collision, your PIP coverage might cover your losses. If this is the case, you might not need to talk to the other driver’s insurance company. However, if you sustained severe injuries, you can step outside the no-fault system. Florida law says you can step outside the no-fault system if one or more of the following circumstances apply:
- Your injuries resulted in the permanent and significant loss of a critical bodily function
- You suffered a permanent injury other than disfigurement or scarring
- Your injuries resulted in significant, permanent scarring or disfigurement
- The accident resulted in death
Unlike your no-fault PIP coverage, which doesn’t require you to prove fault to obtain compensation, you must prove the other driver caused the crash to get compensation from their insurance company. Therefore, the other driver refusing to contact their insurance can create significant legal headaches for you. It’s best to involve an attorney in these situations, as they can take steps to help you recover fair compensation.
Should You Contact the Other Driver’s Insurance If They Aren’t Cooperating?
After a crash, you might feel tempted to contact the other driver’s insurance company if they aren’t cooperating. While you have the right to contact the other driver’s insurer, it’s usually not the best idea. Insurance companies often try to minimize payouts, and they can use anything you say against you.
Instead, it’s smarter to let a lawyer handle the insurance companies. An experienced attorney knows how to deal with insurance companies and can protect your rights. They’ll make sure the insurer takes your claim seriously and will work on your behalf to secure fair compensation. By letting a lawyer handle the negotiations, you can focus on your recovery and avoid potential legal pitfalls.
What To Do If the Other Driver Won’t Contact Their Insurance Company
If the other driver won’t contact their insurer after a crash, it can delay your claim and increase your stress. However, there are steps you can take to protect your rights and move forward:
Notify Your Insurance Company:
Report the accident to your own insurance company right away. They can offer guidance and may even help you start the claims process.
Gather Evidence:
Collect as much evidence as possible, including photos of the accident scene, witness statements, and your medical records. This evidence will support your claim and strengthen your case.
Avoid Contacting the Other Driver’s Insurance:
While you might want to contact the other driver’s insurance company yourself, let a lawyer handle it. You’re better off focusing on your recovery and letting a lawyer protect you from accidentally reducing the value of your claim by saying the wrong thing.
Hire a Lawyer:
A personal injury lawyer can communicate with the other driver’s insurance company on your behalf and fight for fair compensation.
What a Lawyer Can Do for You in These Situations
If the at-fault driver won’t contact their insurance company after a crash, a lawyer can protect your interests. They’ll handle all communication with the insurance company for you. If the other driver continues to refuse to cooperate, your lawyer can escalate the situation by filing a lawsuit against them. This legal action can compel the at-fault driver to respond and engage in the process. Additionally, your attorney can subpoena the driver, legally requiring them to provide information and documents relevant to the case.
By pursuing these legal avenues, your lawyer can prevent the at-fault driver from ignoring their responsibilities.
Potential Compensation You Could Recover
Assuming you meet the requirements to sue the other driver, you could recover substantial compensation for your injuries. With a lawyer’s help, your compensation could include money for:
- Lost wages and other income while you heal and can’t work
- Current and future medical expenses related to the accident
- Pain and suffering
- Emotional distress
- Reduced future earnings due to your injuries
- Diminished quality of life due to your injuries
- The cost to repair or replace your damaged property, such as your car
Deadline to File a Car Accident Lawsuit in Florida
If all other steps fail, you may need to sue the at-fault driver to claim compensation for your losses. Therefore, it’s crucial to talk to a lawyer before the deadline to file a lawsuit passes. Florida law says you have only two years after a crash to file a lawsuit in most cases. Don’t miss your window to act by waiting to speak to an attorney.
The Tampa car accident attorneys at Jurewitz Law Group Injury & Accident Lawyers understand your frustration and can help you hold an uncooperative driver accountable. Call (619) 233-5020 now or complete our contact form for a free consultation.
