When it comes to auto accidents, Florida is a no-fault car insurance state. This means that your insurance pays for your initial medical bills and other damages, up to $10,000. However, your current insurance policy may not cover all damages or future medical bills. In that case, you may be able to pursue a claim with the at-fault driver’s insurance company. But what happens if the other driver is uninsured? How do you recover your losses?
Call 850-741-7381 and receive a free case review from an uninsured driver accident lawyer in Pensacola, Florida. There will be no charge to you unless you win your case.
How Uninsured and Underinsured Motorist Insurance Works in Florida
When you purchase liability insurance, you also have the option of purchasing uninsured and underinsured motorist insurance coverage in Florida. This type of insurance works in situations such as:
- The other driver has no liability insurance.
- The other driver does not have enough insurance.
- You were injured in a hit-and-run accident.
Without additional insurance, you are unlikely to recover any further damages from the responsible driver beyond the minimum amounts. As a result, you could end up owing thousands of dollars in medical bills and other expenses if you suffer significant injuries. Uninsured or underinsured motorist insurance can help pay your medical bills and other damages, including future damages like medical treatments and lost wages.
As of now, Florida does not require drivers to carry bodily injury liability insurance. You must assume that everyone around you has none. As a result, the risk of being involved in an accident with an uninsured or underinsured driver is substantial. (Also important to buy uninsured coverage)
What About PIP Insurance in Florida?
Under Florida Statutes §627.4707, you must carry personal injury protection (PIP) to cover medical expenses for injuries sustained in an accident. PIP covers you regardless of who is at fault for causing the accident. According to the Florida Department of Highway Safety and Motor Vehicles (FLHSMV), you must carry a minimum of $10,000 in PIP coverage, as well as $10,000 in property damage liability (PDL) insurance.
However, PIP coverage may not cover your damages. If you sustain injuries greater than $10,000, PIP insurance will not cover your medical bills. Plus, PIP insurance covers only 80% of all reasonably necessary accident-related medical expenses and lost wages.
Also, PIP insurance does not provide coverage for people other than yourself, your passengers, and others in the same household.
Schedule a Free Case Evaluation
Ask Tom Today!What Are My Options for Filing a Car Accident Claim in Florida?
Once you discover that the at-fault party was an uninsured motorist, you may wonder if it’s even possible to recover your damages. However, there are options after a car accident with an uninsured driver if they are at fault for your injuries and other losses.
Personal Injury Protection (PIP)
Since all Florida drivers must obtain PIP insurance, you may recover compensation after a car accident if an uninsured driver hits you. Florida law requires those seeking compensation from their PIP insurance policies to receive medical care within 14 days of their accident.
PIP insurance covers the following:
- 80% of reasonable medical costs related to the accident
- 60% of lost wages due to the accident
- $5,000 for death benefits
File a Lawsuit
If you cannot get compensation from the insurance company, you may have the option to file a lawsuit and take the at-fault party to court. Many victims file a lawsuit when they discover their PIP and uninsured motorist coverage fail to cover their medical expenses adequately after being hit by an uninsured driver in Florida.
Unfortunately, if the at-fault driver is uninsured or underinsured and has minimal assets, your ability to collect money from them may be limited. You may have to pursue a claim against your uninsured motorist coverage.
Your Insurer’s Uninsured Motorist Coverage
If you can prove that the other driver was at fault, your uninsured motorist policy may pay your claim against the other driver. Florida law does not require drivers to carry uninsured motorist coverage. However, it’s always a good idea to do so.
You may set your limits for uninsured motorist coverage. Typically, however, uninsured motorist coverage equals your personal bodily liability insurance limits. So, when you’re in an accident with an uninsured driver, your policy may serve to cover medical expenses and other losses suffered.
What Damages Can I Recover in an Uninsured Driver Accident?
Due to the nature of the accident, assessing and calculating the exact amount of your damages is complicated. Our legal team will review your losses and estimate how much your case is worth. However, what compensation you receive is subject to the limits of the uninsured motorist or PIP coverage available or the assets of the at-fault party.
Damages you may be entitled to receive in a car accident claim include:
- Medical costs
- Lost pay
- Physical suffering
- Emotional trauma
- Disability
- Loss of consortium
- Property damage
- Future losses
Thomas J. Ueberschaer, P.A., will fight for a fair settlement and work to get you the maximum compensation possible based on your losses.
Call Today for a Free Case Evaluation
When you are ready to move forward with your case, we are here to help every step of the way. Thomas J. Ueberschaer, P.A., provides comprehensive legal services for victims of car accidents in Florida. Contact us today to get started with your claim.
We will answer your questions, address your concerns and work on your behalf to take on the insurance companies. To schedule a free case evaluation, call us at 850-741-7381.