Being hit by an uninsured driver in Florida is a common incident. Accident claims in Florida involve multiple coverages beyond the other driver’s insurance policy. In current times, many drivers roam the state without proper coverage, leaving both themselves and accident victims financially vulnerable.Â
Are you impacted by one? At Injury Assistance Law Firm, we help Florida residents recover compensation when crashes involve uninsured drivers. As your trusted car accident attorney in Winter Haven, we guide you through the legal process and secure your rightful compensation.Â
For any auto accident cases in Florida, contact us at:+1 (321) 599-4318 to schedule a Free Consultation.Â
Why are At-fault Drivers Often Uninsured in Florida?Â
Florida Law doesn’t require other drivers to carry bodily injury liability insurance. Acquiring and maintaining an insurance policy requires stable financial engagement. Since they are not required to have it, most don’t, or they carry the bare minimum. Without proper insurance coverage, the at-fault driver’s policy cannot cover the full amount you are owed.Â
What happens if the other driver doesn’t have insurance?Â
Florida is a No-Fault State when it comes to car insurance. Your Personal Injury Protection (PIP) coverage, regardless of who caused the crash, will be used if the other driver doesn’t have insurance.Â
If your at-fault driver’s insurance is not enough, PIP will not compensate for damages beyond those limits. Uninsured Motorist Coverage (UM) is often relied upon by injured drivers. UM Coverage can cover medical expenses, lost wages, pain and suffering, and property damage caused by an uninsured driver.Â
Steps To Take after an Accident with an Uninsured DriverÂ
Knowing what to do immediately after an accident with an uninsured driver may improve your chances of recovery and help you secure compensation easily:Â
| Step | What to Do |
|---|---|
| 1 | Call Police and Report the Accident |
| 2 | Seek Medical Attention |
| 3 | Notify Your Insurance Company |
| 4 | Do Not Admit Fault |
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Call Police and Report the AccidentÂ
Call the police and report the accident immediately. A police report serves as an official record and may be important for insurance claims or legal action. Take necessary photographs of vehicles, injuries, and accident scenes, and also contact witnesses.Â
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Seek Medical AttentionÂ
Medical records will also be essential when filing a claim. Some injuries involving whiplash or internal injuries may not seem apparent, but may require a medical professional to file a claim.Â
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Notify Your Insurance CompanyÂ
Inform your insurance company as soon as possible after the accident. Whether or not the other driver is uninsured, inform your insurance company about the details. If you have UM Coverage, this notification can help immediately start filing a claim.Â
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Do Not Admit FaultÂ
Even if the accident seems minor or you believe you might have contributed, avoid admitting any fault. Any statement you make can be used against you later when liability is determined.Â
What options do you have when the at-fault driver is underinsured?Â
If you think your chances of receiving adequate compensation are slim in this case, our car accident attorney in Winter Haven can help you. Here’s what happens when the at-fault driver is underinsured:Â
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Personally Sue the At-Fault DriverÂ
You can personally sue the at-fault driver directly rather than accepting the limits of your policy. Only if the driver has personal assets worth pursuing, while many uninsured drivers don’t, this personal filing can work.Â
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Use Your Own Uninsured or Underinsured Motorist CoverageÂ
If you have uninsured motorist (UM) or underinsured motorist (UIM) coverage as part of your auto insurance policy, it can help protect you in this situation. This coverage applies when the at-fault driver has no bodily injury coverage or insufficient coverage to compensate you for your injuries and other losses fully.
What Damages can I collect from an Uninsured Driver?Â
You can collect compensation for medical bills, lost wages, pain and suffering, emotional distress, and property damage. Here’s what you can collect:Â
| Coverage / Option | Amount Information |
|---|---|
| Uninsured Motorist (UM) Coverage | Pays up to your UM policy limit for covered damages. |
| Personal Injury Protection (PIP) | Covers 80% of medical expenses and 60% of lost wages, up to $10,000. |
| Collision Coverage | Pays for vehicle repairs or replacement after you pay your deductible. |
| Lawsuit Against the At-Fault Driver | No fixed amount. The amount depends on the court’s judgment and what can legally be collected. |
- Uninsured Motorist (UM) Coverage: If you have uninsured motorist (UM) coverage, your own insurance policy can help pay for damages when the at-fault driver has no insurance. Depending on your policy limits, it may cover medical expenses, rehabilitation costs, lost income, and, in some cases, pain and suffering.
- Personal Injury Protection (PIP): In no-fault states such as Florida, Personal Injury Protection (PIP) provides immediate benefits regardless of who caused the accident. PIP typically covers 80% of reasonable medical expenses and 60% of lost wages, up to the policy limit of $10,000.
- Collision Coverage: If your vehicle is damaged, collision coverage can help pay for repairs or replacement, regardless of fault. You are generally responsible for paying your deductible before coverage applies.
- Filing a Lawsuit Against the At-Fault Driver: If your insurance coverage is insufficient, you may be able to sue the uninsured driver. If you obtain a judgment, the court may allow you to recover damages through wage garnishment, bank account garnishment, property liens, or other legally available collection methods.
To get an estimate of your compensation, try our Car Accident Settlement Calculator. Our car accident payout calculatorcan provide you with an estimate of the value of your potential car accident settlement in Florida.
Get Help from Your Car Accident Attorney in Winter HavenÂ
If the at-fault driver doesn’t have enough coverage to pay or is completely uninsured, don’t try to navigate the process.Â
Our car accident attorney doesn’t charge any upfront fees in injury cases. Consulting an experienced attorney can help you understand the claims process and recover the compensation you want.
Connect with us today for a free consultation.Â
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