Suffering severe injuries in a traffic accident can disrupt every aspect of your life. You might experience debilitating pain, emotional trauma, and financial turmoil due to hospital bills and missed time at work. If another driver’s negligence was the cause of the accident, you might be eligible to file an insurance claim. This can hold them accountable and gain compensation for your losses. Unsure of how you should file a claim against uninsured driver in Florida?
Recent studies suggest that as many as one in five Florida drivers lack automobile insurance. This makes the prospect of being involved in an accident with an uninsured driver highly likely, which raises many questions. How do insurance companies go after uninsured drivers? The legal team at Jurewitz Law Group Injury & Accident Lawyers has compiled this guide to help you answer these questions.
Florida Insurance Requirements
What should you know when filing a claim against uninsured driver in Florida? Florida is a no-fault state for car accident claims. In the first instance, individuals who suffer injuries in a car crash will seek compensation from their own insurance. The state requires all vehicle owners to carry a minimum $10,000 personal injury protection (PIP) insurance policy. In addition, they are required to have $10,000 in property damage liability (PDL) coverage.
For vehicles registered as taxis, the minimum is $125,000 in bodily injury liability (BIL) coverage per person. In addition, they should have $250,000 per crash, as well as $50,000 in PDL coverage.
Personal Injury Protection Coverage Claim
Should you file a claim against uninsured driver in Florida if you have PIP coverage? After an accident, your first step should be to file a claim with your personal injury protection (PIP) coverage. PIP provides compensation for medical expenses, lost wages, and other related costs, regardless of who was at fault. In Florida, PIP coverage generally covers up to 80 percent of your medical expenses and 60 percent of your lost income. This depends on your policy limit.
To file a PIP claim, you must notify your insurance company as soon as possible after the accident. Provide all the necessary information, including the date and location of the accident, a description of your injuries, and any medical treatment you have received. Your insurance company will then open an investigation into your claim and determine what they should pay.
Uninsured/Underinsured Motorist Coverage Claim
If your PIP coverage is inadequate, can you file a claim against uninsured driver in Florida? If you exceed the limits of your PIP coverage, you might need to turn to your uninsured/underinsured motorist (UM/UIM) coverage. UM/UIM coverage is an optional insurance that provides additional protection if you have an accident with an uninsured or underinsured driver.
To file a UM/UIM claim, provide your insurance company with evidence of the other driver’s lack of insurance or insufficient coverage. This may include a police report, witness statements, and any correspondence with the other driver or their former insurance company. Your insurer will then investigate your claim and determine the amount of compensation under your UM/UIM policy.
UM/UIM claims can be complex and may require significant documentation and negotiation with your insurance company. An experienced car accident attorney can help you increase your chances of receiving the compensation you deserve.
Health Insurance Coverage
If PIP doesn’t cover all your medical expenses, if you didn’t purchase UM/UIM coverage, or if you exhaust your policy limits, you have alternatives. You could put your medical expenses through your healthcare insurance coverage. If you get money from the uninsured driver, your healthcare insurer may be owed some of that money for the expenses they paid on your behalf.
Filing a Lawsuit
When should you file a claim against uninsured driver in Florida? If your losses exceed the limits of your PIP and UM/UIM coverage, you might need to file a lawsuit to seek compensation for your losses. In Florida, you have two years from the accident date to initiate legal action.
To file a lawsuit, you must prove that the other driver’s negligence caused your injuries and other losses. This may require gathering evidence such as police reports, witness statements, medical records, and expert testimony. You will also need to demonstrate the extent of the accident’s consequences because of the accident. This includes medical expenses, lost income, pain and suffering, and reduced quality of life.
However, it is crucial to consider the potential outcomes of filing a lawsuit against an uninsured driver. Even if you win your case and are awarded damages, the uninsured driver may not have the financial means to pay the judgment. In some cases, the court may allow you to garnish the driver’s wages or place a lien on their property to recover the money you are owed. However, if the driver has limited assets and income, collecting the full amount of the judgment may be difficult.
Filing a lawsuit can be a lengthy and complex process, and it is essential to have an experienced personal injury attorney on your side. Your attorney can help you understand the potential outcomes of filing a lawsuit against an uninsured driver and explore all available options for recovering compensation for your losses. They can also help you build a solid case, negotiate with the other driver’s attorneys, and represent your interests in court to fight for the maximum compensation available in your case.
Contact a Personal Injury Attorney for Uninsured Driver Accidents Today
Don’t know how to file a claim against uninsured driver in Florida? Being involved in a traffic accident with an uninsured driver can amplify stress in an already overwhelming situation. It is normal to wonder whether you will ever receive the compensation you deserve for your losses. However, it is essential to remember that you still have options beyond the uninsured motorist claim process. An experienced Tampa personal injury attorney can provide car accident legal advice for uninsured driver accidents, helping you to understand your rights.
The skilled and knowledgeable Tampa car accident lawyers of Jurewitz Law Group Injury & Accident Lawyers understand how challenging life can feel after suffering injuries in an accident with an uninsured driver. With nearly two decades of experience helping injured individuals recover compensation in the face of significant difficulties, we are ready to help you get the justice and financial recovery you deserve. Whether through an insurance claim or a lawsuit, our law firm will fight aggressively for your interests. Call our team of lawyers today at (619) 233-5020 or contact us online to learn how we can help you with your claim.
