Florida has a no-fault system for insurance, so all residents are required by law to have car insurance. Each driver can then cover the costs of their medical care and property damage from their insurance policy.
Minimum car insurance requirements are $10,000 in personal injury protection and $10,000 in property damage liability.
PDL pays for the vehicle of the driver, while PIP covers all injuries sustained by passengers in the vehicle. The law prevents passengers and drivers from suing the at-fault driver after an accident.
Florida law allows victims who are injured in a way that exceeds their insurance limits to sue for additional damages. What if the driver at fault didn’t have the required insurance?
What to Do if You Are Involved in a Florida Accident With an Uninsured Driver
Unfortunately, driving without insurance is quite common. According to the Insurance Research Council (IRC), between 15 and 26 percent of Florida drivers, or more than three million people, were uninsured during 2012. It can be difficult for accident victims, even those who have the minimum amount of insurance, to receive a fair and full payment for their injuries.
The following are some ways you may be able to get compensation for your accident:
- You can use your PIP coverage to cover your accident costs. Payment from your insurer is the first option. Your insurer should pay your claim immediately if your vehicle needs only minor repairs and your medical expenses are not excessive. Many insurers make the process difficult, and accident victims can get frustrated with the endless phone calls and the struggle to receive fair compensation. Insurance companies may deny coverage outright, delay payments or offer settlements too low to cover the costs. It’s important to consult an attorney in these situations to determine the best course of action.
- Optional coverage. Florida requires only a minimum amount of insurance, but drivers can choose to purchase more. Many additional coverage options are available, including:
- Uninsured Motorist Coverage–covers your drivers and passengers in the event of a collision caused by an uninsured driver
- The difference between the total damage you incur and the coverage of the other driver is the amount that will be covered by the underinsured motorist policy.
- Collision coverage – which covers your vehicle in the event of an accident caused by an uninsured or hit-and run driver
- You can sue the driver at fault if he broke the law and did not buy insurance. He is not protected under the no-fault laws. The at-fault party may be sued if an accident has caused permanent and significant physical injuries, disfigurement or death. You can also sue the at-fault party for economic damages that are not covered by your PIP or exceed it.
Contact an Experienced Attorney for Assistance
You can still recover damages if you sue a driver who is at fault and they claim financial hardship. The court may order a payment plan to compensate you for medical expenses. Always consult an attorney before you sign any documents from your insurance company or the representative of the driver at fault. Call W. Lee Clark & Associates now for a free evaluation of your injury case.
W. Lee Clark & Associates is a dedicated law firm based in Lakewood Ranch, FL, specializing in personal injury, slip and fall injury attorneys near you, mass torts, defective product lawyer near you, tobacco and vaping-related cases, and wrongful death attorney in Florida. With extensive experience and a client-first approach, the firm proudly serves clients throughout Manatee, Sarasota, Polk, Hillsborough, and Pinellas counties. Whether you’ve been injured due to a defective product or are seeking justice for the wrongful death of a loved one, W. Lee Clark & Associates provides the guidance and legal representation you need to protect your rights and pursue compensation. Click here to learn more!