Car accidents can lead to significant financial burdens, especially when the at-fault driver lacks insurance. While Florida law requires all drivers to carry insurance, it doesn’t require them to carry liability insurance. Many people know what to do after car accidents as a result of this framework.
If you were hit by an uninsured driver in Florida, you may still have options for recovering compensation. Understanding Florida’s insurance laws, uninsured motorist coverage, and legal avenues can help you protect your rights after a crash. A Tampa uninsured motorist claim lawyer can help.
Florida’s Insurance Requirements
Florida operates under a no-fault insurance system, meaning that each driver’s own insurance policy covers a portion of their medical expenses and lost wages after an accident, regardless of who caused it.
Under state law, all drivers are required to carry:
- Personal Injury Protection (PIP): Covers up to $10,000 in medical expenses and lost wages for the insured driver and their passengers, regardless of fault.
- Property Damage Liability (PDL): Covers at least $10,000 in damage to another person’s vehicle or property if the insured driver is at fault.
Notably, Florida does not require drivers to carry Bodily Injury Liability (BIL) insurance, which covers injuries suffered by another driver in an accident. This means that even if a driver is insured, their policy may not cover your medical bills if they do not carry additional coverage.
PIP also doesn’t cover non-economic damages, like pain and suffering. However, depending on the facts of your case, you might be able to file a claim against the responsible party for full compensation. A car accident lawyer can help you determine your legal options during a free consultation.
Steps To Take After an Accident With an Uninsured Driver
If you were involved in a crash with a driver who lacks insurance, taking the right steps can help you protect your ability to recover compensation.
Call the Police
Always report an accident to law enforcement, especially if the other driver is uninsured. A police report will document key details, including the other driver’s lack of insurance, which may be critical for an insurance claim or legal action.
Seek Medical Attention
Even if you feel fine, some injuries may not be immediately apparent. Delaying treatment could not only put your health at risk but also make it harder to prove that your injuries were caused by the accident.
Notify Your Insurance Company
Since Florida is a no-fault state, you will need to file a claim with your own PIP insurance for medical expenses and lost wages. However, PIP only covers up to $10,000 in medical costs—far from enough for serious injuries. If your losses exceed this amount, you may need to explore other options for compensation.
Check Your Policy for Uninsured Motorist Coverage
Uninsured motorist (UM) coverage is optional in Florida, but if you carry it, it can provide valuable protection. This coverage can help pay for:
- Medical expenses beyond PIP limits
- Lost wages
- Pain and suffering
- Future medical costs related to the accident
Many Florida drivers opt for stacked UM coverage, which allows policyholders to combine coverage limits across multiple vehicles on their policy. If you are unsure whether you have UM coverage, check your insurance declarations page or speak with your provider.
What if I Don’t Have Uninsured Motorist Coverage?
If you don’t have UM coverage and your PIP benefits are exhausted, you may still have options for recovering damages.
File a Personal Injury Lawsuit
You can sue the at-fault driver personally for damages. However, many uninsured drivers lack the financial resources to pay a judgment, making collection difficult. An attorney can help investigate whether the driver has assets that could be used to satisfy a claim.
Check for Additional Insurance Policies
In some cases, another policy may provide coverage, such as:
- Insurance on a company vehicle if the uninsured driver was working at the time of the crash
- Coverage under a family member’s policy if the driver was using a relative’s insured car
- Umbrella insurance policies that provide extended coverage beyond standard auto insurance
Don’t lose hope if you’ve been involved in a crash with an uninsured driver; you may still be able to recover full compensation.
Pursue a Claim Against a Third Party
If another party contributed to the accident, you may be able to file a claim against them. Third-party causes can vary from defective roadways, vehicle malfunctions, or negligence.
Contact a Tampa Car Accident Lawyer for Legal Help
Being involved in a car accident with an uninsured driver can be overwhelming, but you don’t have to handle it alone. At Winters & Yonker Personal Injury Lawyers, we have over 119 years of combined experience helping accident victims recover compensation. Our team has secured tens of millions of dollars in settlements and verdicts, and we are ready to fight for you.
If you were injured by an uninsured driver, contact our Tampa car accident lawyers at (813) 223-6200 today for a free consultation to discuss your options.
