Car Accident With an Uninsured Motorist Coverage
Unfortunately, too many Florida crash victims have to figure out what happens after a car accident with an uninsured driver. In 2021, the Orlando Sentinel reported that around one in five drivers in Florida failed to have the required auto insurance coverage based on data from the Insurance Research Council. This is one of the highest averages in the country.
Working with a Florida car accident lawyer may make it easier to understand your options and navigate the claims process to recover compensation in this situation. Most provide free consultations for South Florida accident victims.
Your Personal Injury Protection (PIP) Insurance Will Pay Your Covered Expenses
Florida law requires all drivers to have PIP coverage as a part of the state’s no-fault auto accident laws. This insurance covers a portion of medical care and lost wages up to the policy limits. PIP pays the policyholder regardless of fault in the crash. Victims have coverage through this policy even if the driver who caused the crash is uninsured.
PIP will not cover all expenses related to your crash. It generally covers 80 percent of the policyholder’s medical expenses and about 60 percent of their lost income up to the policy’s limits. This is usually $10,000, which is the required coverage in Florida.
Many Drivers Opt to Purchase Uninsured Motorist Coverage
According to Florida Highway Safety and Motor Vehicles (FHSMV), uninsured motorist (UM) insurance is optional. You do not have to purchase this policy, but our attorneys always recommend it because of Florida’s high percentage of uninsured drivers.
This policy pays when you suffer serious injuries, and the at-fault driver does not have liability insurance. Recoverable damages could include:
- Additional expenses beyond your PIP Coverage
- Pain and Suffering
- Other losses you suffered in the crash
You could file a claim based on this policy if:
- An uninsured or underinsured driver caused your crash.
- An uninsured driver injured you as a passenger in a car.
- An uninsured driver struck you as a pedestrian.
- The at-fault driver left the scene of the crash.
- The accident occurred because of a driver not directly involved in the accident, known as a phantom collision.
If you have an uninsured motorist policy, your insurance company may pay your remaining expenses beyond your PIP coverage. You will need to assess your insurance coverage and calculate the value of your damages to ensure you get a fair settlement.
Know Your Options After a Car Accident with an Uninsured Motorist
Car accidents are unexpected, and it’s even less expected to learn that an at-fault motorist lacks insurance. Your personal injury lawyer in Fort Lauderdale will eliminate all confusion by advising you of your options, which may include seeking money through:
Your Personal Injury Protection (PIP) Coverage
Motorists in Florida must carry at least $10,000 in personal injury protection coverage, per the Florida Department of Highway Safety and Motor Vehicles (FLHSMV). Regardless of who caused your accident in Fort Lauderdale, your PIP insurance policy should cover 80% of accident-related medical bills up to your PIP coverage limit.
Your attorney will demand that your insurer provide the compensation you are entitled to because of your PIP coverage.
Your Collision Coverage
If you maintain collision insurance coverage, your lawyer will demand that your insurance company pay for vehicle repairs (or replacement of a totaled vehicle) up to your coverage limits.
Your Uninsured/Underinsured (UM/UIM) Motorist Coverage
While UM/UIM coverage is optional in Florida, policyholders must specifically opt out of this coverage. If you purchased UM/UIM coverage, this could be a financial lifesaver after your accident.
Depending on the details of your policy, your uninsured motorist coverage may pay for:
- Your medical expenses
- Passengers’ medical expenses
- Vehicle repairs
Coverage limits will determine how much compensation you can expect through UM/UIM coverage.
Filing Insurance Claims After a Florida Uninsured Motorist Crash
Once your injuries are stable, and you are ready to consider your legal options, consider contacting your insurance provider and a car accident lawyer in Fort Lauderdale. Both interactions are key in your pursuit of compensation.
Your insurance company will explain your coverage options, how to file your PIP claim, and other details relevant to your situation. A Florida car accident attorney will assess the details of your crash, injuries, insurance coverage, and other necessary topics. They may explain your rights and options for pursuing compensation. Initial consultations are typically free, and they represent clients with no upfront costs or fees.
Compensation You Can Recover Via Uninsured Motorist Coverage
Enforcing uninsured motorist coverage can be a complex legal matter. Without legal guidance and support from a personal injury lawyer, it can be even more stressful and frustrating. If a motorcycle insurance attorney represents you, they will request the following economic damages:
- Current medical expenses
- Ongoing medical bills, such as physical therapy
- Injury-related lost wages
- Motorcycle damage or loss
- Diminished motorcycle value
Non-economic damages recoverable damages can include disabling and disfiguring injuries, physical and emotional pain and suffering, mental anguish, and loss of enjoyment of life.
If a motorcycle accident proves fatal, surviving family members can recover wrongful death damages, including the decedent’s final arrangements and loss of their financial support. Your lawyer will explain which family members can recover damages and how a wrongful death action is filed.
A Motorcycle Insurance Claim Attorney Can Enforce Your Insurance Coverage
If you were injured by an uninsured driver, you could pursue compensation from your insurance company on your own. There are benefits to hiring a motorcycle accident lawyer to deal with the insurer for you. They can:
- Read your policy and its fine print in detail
- Explore the limitations of your insurance policy
- Determine the financial value of your injuries
- Assess your motorcycle repairs or replacement value of your motorcycle
- Negotiate for a fair settlement with insurance providers
A lawyer will bring familiarity with state and local personal injury and insurance law to your case. They will deal with the insurance company so you do not have to, which can give you the time you need to focus on your physical and emotional recovery.
Is It Worth It to Hire a Motorcycle Accident Attorney?
You may not believe you need an attorney to deal with or negotiate with your own insurance company. Having a lawyer by your side can demonstrate your awareness of your rights and help you avoid accepting a speedy but insufficient settlement.
In most cases, it will cost nothing upfront or out of your pocket to hire an attorney. Most will work on a contingency fee basis. Because their fee is contingent on your financial recovery, you will owe nothing at all if they cannot recover damages for you.
What You Need to Know About the Uninsured Driver Claim Process
For the most part, filing an uninsured motorist claim works the same way a claim against an insured driver works, except you deal with your insurer instead of theirs. When a lawyer handles your case, they will collect evidence that proves the at-fault driver’s negligence.
- Medical records that describe the cause of your injuries
- A police report that describes the accident’s cause and contributing factors
- Accident scene photos, videos, and reconstruction reports
- Statements from lay and expert accident witnesses
Your motorcycle accident law firm fort lauderdale will also collect proof of the accident’s financial aftermath, including paychecks, direct deposit receipts, and other proof of income. It can also include medical, rehab, therapy, and prescription medication bills and receipts. They will also compile repair or replacement estimates for your damaged or totaled motorcycle.
You May Have to Pay a Deductible to Use Uninsured Motorist Coverage
As a policyholder of motorcycle insurance, you should be able to tap into this portion of your coverage when you need it the most. A fort myers motorcycle accident lawyer can help substantiate your personal injury claim with your insurer when needed.
Part of using this portion of your coverage includes paying the deductible defined in your policy. In most cases, the deductible will be subtracted from your resulting financial award. A Miami motorcycle accident attorney can help you recover your deductible from a negligent driver. Your insurance company may also pursue the driver in a process called subrogation.
Can I Sue the Uninsured Driver?
If you do not have access to uninsured motorist coverage but suffer serious injuries, your best option may be to sue the at-fault driver. This is only possible under certain conditions. It may be more difficult to recover compensation from an uninsured driver, even through a lawsuit. This makes uninsured motorist insurance even more important.
However, your attorney may recommend suing the at-fault driver if you do not have other options for paying your medical bills, covering lost income, and recovering pain and suffering. They will also investigate any other options for financial recovery in many cases.
If there is evidence the uninsured driver has significant cash or available assets, you may stand a good chance of receiving compensation from them directly. You want someone on your side who advocates for your interests. That way, you don’t have to worry about the claims process.
You May Have to File a Lawsuit
If the other party doesn’t have insurance, you could file a lawsuit against them. You generally have four years from the date of your accident to sue. However, for a wrongful death action, you generally have two years from the date of your loved one’s passing to file.
Don’t lose your right to seek compensation through the court system. Instead, allow a Personal injury law firm in Fort Lauderdale to manage your case’s filing period and everything it requires.
Contact Our Attorneys for a Free Case Review Today
Our Florida personal injury Lawyers from the Law Offices of Wolf & Pravato devote the necessary time to ensure crash victims understand their legal options. We provide free consultations that include giving a case assessment, answering your questions, and providing advice on your next steps. Call (954) 633-8270 to speak with a team member today.
