What to do in Florida if Hit by an Uninsured Driver? - Mark Schiffrin P. A.

Car accidents in Florida can be pretty much daunting or slightly more than that! It gets messier when you are dealing with a driver who is uninsured. The worst scenario is one in which the other party does not have automotive insurance coverage. You must take certain approaches to get on the path to damage recovery.

Importance of motor vehicle insurance coverage
It is a fact that having proper motor vehicle insurance coverage is a legal requirement in the state of Florida. It is mandatory for Florida drivers to have the minimum required car insurance. The minimum car insurance requirement in Florida is $10,000 personal injury protection (PIP) and $10,000 property damage liability (PDL).

You might have to face unpleasant consequences if caught by law enforcement or involved in an auto accident when you have no insurance. The common consequences include license suspension, license plate confiscation, and even potential criminal charges.

After all, if you want to recover damages after an uninsured driver strikes your vehicle, your best option is to seek compensation from your insurance company. This dependency is based on your individual policy uninsured motorist coverage. It might happen that your insurance company denies this claim. In that case, you might have to pursue other options. These include filing a lawsuit against the at-fault driver.

It is a fact that drivers who do not have car insurance, don’t have much money either. Thus, this may not be a very feasible solution. The major reason for having no insurance us the sheer negligence to be able to set aside money for monthly payments.

Even when the driver is uninsured, there are still ways to obtain compensation after an accident. There are times when judges request that uninsured drivers pay monthly fees to people who experience damages because of an accident they caused. However, these amounts usually sum up to a low amount.

If the uninsured driver has assets such as property, valuables, investments, etc., it can also be a smart approach. When the driver has any of these assets, liquidation may be another option to get you the deserving compensation.

Methods to Approach Car Accident Insurance Claims
In order to get a handsome compensation after a motor vehicle accident, you don’t necessarily have to sue the uninsured driver. In this case, you might consider suing your own insurer if they refuse to pay despite having uninsured motorist coverage. When you consider this route, you’ll want to carefully review your specific auto insurance coverage. Make sure to find out if you have coverage that applies to accidents that involve uninsured motorists. In fact, this may be a strong damages recovery path for you.

Try not to waste any time after the accident happens. Make sure to alert your insurance company about the accident immediately. You ought to tell the adjuster that you plan on filing an uninsured motorist claim. You should be aware of any time restrictions that involve these claims, too. When you file this claim, you’ll then come up with a deal with your insurance agent.

Remember that if you can’t agree to a settlement, then your case will move on to either the arbitration or litigation stage.

Get in touch with a Florida Auto Accident Attorney soon after the accident
You need to contact a top-quality legal counsel when you are part of an auto accident that involves uninsured motorists. Keep in mind that an experienced personal injury lawyer is the right person to seek advice from if you want to get a proper compensation. He should be knowledgeable, professional and well-versed in Florida law.

Currently, Florida law requires that any person at fault in a crash resulting in bodily injury and property damage to others must have in effect at the time of the crash full liability insurance coverage. This coverage is inclusive of the minimum limits of bodily injury liability of $10,000 per person, $20,000 per crash, $10,000 property damage liability per crash, and personal injury protection limits of $10,000 per person per crash. –FLHSMV.gov

However, there are many motorists on Florida’s roads who don’t have the minimum required insurance. As per the Insurance Research Council’s Uninsured Motorists Estimates by State, 15-26 Percent of drivers in Florida were uninsured in 2012.

There might be a whole bunch of reasons behind the driver not having insurance. These include the driver being from out of state, or not being able to afford basic insurance, or neglecting to buy insurance because they don’t see the point. If a driver without liability coverage hits your car in Florida, it can create numerous headaches, especially since Florida is a “no-fault” state. This is where your options for claiming payment from the other driver is limited except in certain extreme cases.

Here are your options for dealing with an auto accident when the other driver is uninsured:

1. Make sure to gather damages from your insurance company
Since Florida is a no-fault state, the default option for covering your costs from an auto accident is to receive payment from your own insurance company. This is pretty much applicable if your costs are minimal. Minimal costs imply that your bills for fixing your car and treating any injuries are less than your insurance coverage.

2. Get Damages from the At-Fault Driver
You can take your case to court only if the case meets one of a few different exceptions to Florida’s no-fault laws. Under normal circumstances, this isn’t an option for Florida motorists. There are certain exceptions to the “no-fault” rule. The rule related to the personal injury protection (PIP) is an example in this context. The major exceptions include significant and permanent loss of an important bodily function; permanent injury within a reasonable degree of medical probability, other than scarring or disfigurement; significant and permanent scarring or disfigurement; or death.

It can be concluded that an owner of a motor vehicle who fails to obtain the required insurance at the time of an accident shall have no immunity from tort liability.