In a motorcycle accident, what happens if the other driver is uninsured?
You have two main ways of seeking compensation if the other driver involved in your motorcycle accident does not have insurance: you can sue the driver personally, or you can file a claim with your own insurance provider. An attorney can help you decide which option to pursue and explain what happens after you start your case.
Getting the damages you need from an uninsured driver may be difficult. You can hire a motorcycle accident lawyer who can demystify the legal process and help you recover a settlement for your medical expenses, property damage, and more.
Suing an Uninsured Driver for Your Motorcycle Accident
Normally, when someone files a lawsuit for a motorcycle accident attorneys in fort lauderdale, the responsible party’s insurer covers whatever compensation the plaintiff wins. If the liable party is uninsured, you can:
- Have your lawyer collect evidence to strengthen your case
- File a suit against the at-fault driver personally
- Compel the driver to cover your losses out of pocket, even if it means selling off personal assets
- Consult your lawyer about the best ways to address certain challenges, e.g., if the liable party tries to declare bankruptcy to get out of paying you
If you want to sue an uninsured driver, you have a limited time to get started. Florida, for instance, gives you two years from the crash date to file a case, per Florida Statutes § 95.11(4)(a). Other states have similar deadlines.
What If the Vehicle That Hit You Was Borrowed?
In many situations, the person who causes an accident is driving their own vehicle at the time. What happens if this is not the case? What if the driver borrowed someone else’s vehicle just before causing the crash? In this scenario:
- If the car owner was uninsured while the driver does have insurance, you can seek compensation from the driver’s insurer.
- If the driver was uninsured while the car owner does have insurance, you can seek compensation from the car owner’s insurer.
- If neither party was insured, you can sue the driver personally.
Getting Compensation Via Uninsured Motorist Coverage
Instead of or in addition to suing the other driver, you can seek payment from your uninsured/underinsured motorist (UIM) coverage. This type of policy is meant to help you if the at-fault party does not have insurance in a florida motorcycle accident lawyer .
In some states, UIM insurance is legally required. In others, it is optional. To find out more about your policy, you can ask a motorcycle accident attorney to:
- Go over your policy to see if you have UIM coverage and, if so, how much
- File the paperwork necessary to start a claim
- Negotiate with motorcycle accident insurance representatives for the amount you need
- Draft the settlement agreement that will close your case by awarding you fair compensation
- Help you decide whether your UIM coverage is enough or if you should seek additional money from the at-fault party
- Explain any other legal options you have`
Legal Consequences for Uninsured Drivers Who Cause Accidents
Carrying an insufficient insurance policy (or no policy at all) is already a crime. For example, Florida Statutes § 324.021 requires those who drive both cars and motorcycles to carry a policy that covers at least:
- $10,000 for each injured party
- $20,000 total for injured parties
- $10,000 for property damage
Failure to do so may constitute a second-degree misdemeanor under Florida Statutes § 324.221, which is punishable by a fine and/or jail time.
Consequences of No-Insurance Accidents
If someone causes a motorbike collision without insurance, they may face even more dire consequences than if they were simply caught without the necessary coverage. As already discussed, you have the right to personally sue an uninsured driver.
There are also laws aimed at punishing those who hurt others in car accidents. For example, per Florida Statutes § 782.071:
- “Vehicular homicide” occurs if someone causes the death of another through “reckless” behavior.
- Vehicular homicide is a second-degree felony.
- Second-degree felonies in Florida are punishable by up to $10,000 in fines and up to 15 years in prison.
Holding All Drivers Accountable for Motorcycle Accidents
Regardless of whether the other driver does or does not have insurance, causing a motorcycle accident lawyer through careless behavior is never acceptable. A Fort Lauderdale personal injury law firm in Fort Lauderdale can help you figure out what happens next and what you can do to:
- Hold the driver responsible for every law they have broken, including insurance laws
- Make your community’s roadways safer by demonstrating to all drivers the consequences of breaking the law
- Help you attain a sense of peace and closure, knowing that you have fought for justice for yourself, your family, and your community
Our Motorcycle Accident Lawyers Can Take Legal Action Against the Negligent Driver
After suffering an injury, you need and deserve the chance to recover without distraction. The Law Offices of Wolf & Pravato can make your recovery easier by explaining what happens if the other driver does not have insurance and helping you seek compensation for a motorcycle accident. Call our law firm at (954) 633-8270 today to get started.
