How Does an Auto Accident Attorney’s Uninsured Motorist Coverage Operate?
If you need to file a claim with your insurance company based on your Florida uninsured motorist coverage, an auto accident lawyer can help you navigate the insurance claims process. This could include determining liability, documenting fault, and documenting the potential value of your case.
Contact a car accident attorney today to learn more about how they help clients secure a fair payout through their uninsured motorist coverage when necessary.
What Can You Expect Your Auto Accident Lawyer to Do With Your Uninsured Motorist Claim?
According to Florida Highway Safety and Motor Vehicles (FLHSMV), there were 973,077 uninsured drivers on the road in January of 2023. If you suffered injuries in a car accident caused by an uninsured driver, your auto accident attorney can manage the case from start to finish. In many ways, these claims work like a fault-based claim. Your fort lauderdale car accident lawyer must:
- Investigate what happened
- Gather evidence to show who is liable and how they caused the crash
- Present a compelling case to show negligence and liability
- Convince the insurance carrier the other driver was at fault
- Document the damages that occurred
- Fight for a fair payout for the victim
Personal injury law firms know how these claims work and how to navigate the process to recover the money their clients need. You can focus on healing and returning to your previous activities while your personal injury lawyer handles the rest.
When Would You Need to File an Uninsured Motorist Claim?
Under Florida Statutes § 627.730, the Florida Motor Vehicle No-Fault Law, most people hurt in a collision file claims based on their own personal injury protection (PIP) policy. This coverage is required under these laws, and this policy provides money for medical care and a portion of lost income.
When injuries are serious, though, the accident victim can step outside of this system and hold the at-fault party responsible. This is possibly by pursuing an auto liability claim based on their insurance coverage or suing them in civil court.
When the at-fault driver is uninsured or leaves the scene of the crash and cannot be identified, the victim may need to file an uninsured motorist claim to seek compensation.
Proving Fault to Recover Money From Your Uninsured Motorist Coverage
When an auto accident attorney provides legal representation for uninsured motorist claims, they also investigate the crash and document what happened and how the at-fault driver caused the collision. This can be difficult for victims to manage on their own, especially if they are recovering from serious injuries.
The attorney will uncover evidence to show that the at-fault driver acted carelessly or recklessly, and this caused the crash. This evidence could include:
- The accident report filed by the police officers at the scene
- Video of the crash or photos from the scene
- Interviews with eyewitnesses
- An accident scene survey
- Accident reconstruction
- Relevant medical records
- Medical expert testimony
- Documentation of damages
It is important to realize that uninsured motorist claims are still fault-based. Even though you are filing the claim based on your own coverage, showing fault and liability is still central to recovering the money you need to cover your expenses and losses. Having an attorney on your side managing this process greatly reduces stress and improves the likelihood of a fair payout.
What Should I Expect When Filing an Uninsured Motorist Claim?
Compensation for uninsured motorist accidents includes the same types of damages as other fault-based claims, up to the policy maximums. This could include:
- Medical expenses, current and future
- Pain and suffering damages
- Income losses due to time missed not working
- Reduced earning ability from lasting injuries
- Property damages, such as car repairs
- Miscellaneous expenses with receipts
Your auto collision attorney will gather documentation of these damages and assign a fair settlement range to them before they approach your insurance provider and ask for a fair payout. This allows them to demand the appropriate value to your case and understand what a fair offer will look like.
Often, this process leads to settlement negotiations just like it would if you were working with the other driver’s insurance carrier. Your personal injury attorney will handle these negotiations with your insurer and fight for the money you need to cover your costs.
The deadlines in this case will depend on your insurance policy and other details of the case. Under Florida Statutes § 95.11, victims generally have up to two years to sue an at-fault driver for their crash. You might have more or less time if you need to pursue an uninsured motorist claim.
Discuss Your Florida Uninsured Motorist Coverage Claim Today for Free
At the Law Offices of Wolf & Pravato, our team provides free consultations for crash victims. If you were seriously hurt by an uninsured driver or in a hit and run accident, we are here to help. Contact us online or dial (954) 633-8270 for your free case review with our team.
