Every driver in Florida must carry a minimum amount of auto insurance. However, many drivers do not comply with the auto insurance laws, and they drive without adequate insurance coverage. When these drivers are involved in a crash, it may seem as though accident victims do not have any option for claiming compensation. Fortunately, that is not true. If you have been hurt by a driver that did not carry proper coverage, our Fort Lauderdale uninsured motorist lawyer can explain your legal options.
Our Fort Lauderdale Uninsured Motorist Lawyer Explains No-Fault Law
There are many different types of auto insurance that motorists in Fort Lauderdale can purchase. All motorists are required to carry a minimum of $10,000 in disability and medical personal injury protection (PIP) benefits. Through this coverage, you can claim up to 60 percent of your lost wages and up to 80 percent of your medical expenses through your own insurance company, making it relatively easy to claim compensation after a crash with an uninsured motorist.
Motorists in Fort Lauderdale are not required to purchase uninsured motorist (UM) insurance, but it is always a good idea. This coverage will protect you if you are hit by a driver who does not carry insurance or does not carry the proper amount of insurance. If you have this coverage included in your policy, you can claim up to the policy’s limits and additional compensation.
Our Fort Lauderdale Uninsured Motorist Lawyer Can Help You File a Claim Against the Negligent Driver
If you were injured by a driver that did not carry the proper amount of insurance, you may be able to file a claim with the insurance company for the at-fault party. To do this, you must meet the state’s serious injury threshold, which typically means exhausting your own insurance coverage. If your own policy does not provide enough coverage to cover the cost of your injuries, you can file a claim against the negligent driver, but you must prove four elements of your case. These include:
- The defendant had a duty of care to act in a reasonable manner that would keep everyone safe,
- The defendant breached that duty by acting carelessly
- The careless action or inaction was the direct cause of the accident, and
- You were injured as a result
Some of these elements are fairly easy to prove. For example, all drivers have a responsibility to keep everyone safe. However, other elements, such as proving an act of negligence, are much more difficult. It is important to speak to a Fort Lauderdale car accident lawyer who can help you prove every element of your case.
How Hit-and-Run Crashes Are Handled When the Driver Is Never Found
If you were hurt in a hit-and-run, it can feel like the responsible party simply vanished without consequences. However, you may have another path forward through your own uninsured motorist coverage. These types of claims follow specific rules, especially when the driver is never identified, and there are two areas where things often get complicated.
Using Your UM Coverage in a Phantom Driver Case
When a driver causes a crash and leaves the scene, the law treats them as uninsured. That opens the door for you to file a claim under your own uninsured motorist (UM) policy, assuming that coverage is included in your plan.
These claims can cover medical bills, missed work, and other losses that would normally fall to the at-fault driver’s insurer. Once that coverage kicks in, your own policy becomes the main source of recovery, but insurers do not always make that process easy.
Legal Challenges Unique to Unidentified Driver Claims
With no one to name as the at-fault driver, your claim may face extra scrutiny. Insurers often push back by saying there is not enough evidence to support your story or by blaming delays in reporting.
That is why police reports, medical documentation, and witness statements matter so much in these cases. The smallest delay can give the insurance company a reason to deny the claim. We know how to spot those traps and help you avoid them.
Mistakes That Can Undermine Your Uninsured Motorist Claim
Filing a UM claim means dealing with your own insurance company, but that does not always make things easier. A few simple mistakes early in the process can give your provider a reason to delay or deny your claim altogether. Here are some of the most common issues we see and how we help clients avoid them:
- Failing to notify your insurer “promptly”
- Making a recorded statement without legal counsel
- Assuming your PIP claim automatically triggers UM coverage
- Settling with the other driver’s insurer without confirming UM impact
- Missing filing deadlines outlined in your policy
- Not preserving photos or crash site documentation
- Accepting partial payment marked as “final”
- Not getting medical attention immediately
Insurance companies know how to use technicalities to lower what they pay. We help you avoid those traps and make sure everything is documented clearly from the start.
When Employers or Businesses May Be Liable for Uninsured Drivers
Sometimes the driver who caused a crash is not just on the road for personal reasons. They may be driving for work or making a delivery when the accident happens. In these cases, there are situations where the employer or business involved may still be legally responsible, even if the driver does not carry insurance personally.
Uninsured Drivers Operating Fleet or Work Vehicles
If the driver who caused the crash was behind the wheel of a company vehicle, their employer may be held liable under vicarious liability. That means the company can be responsible for the crash simply because the driver was performing work duties at the time. Even if the individual driver was not insured, the company may have coverage that applies.
We often see situations where a fleet is insured, but the person operating the vehicle is not properly listed or qualified. This gap can create confusion, especially if the company tries to deny that the trip was work-related.
Contracted Delivery Services and Rideshare Operators
Some drivers are not traditional employees. Instead, they may work as gig drivers, delivery contractors, or temp workers hired by a third party. In these situations, companies often try to argue that they are not responsible because the driver was not officially on their payroll. That does not always hold up, especially if the driver was carrying out tasks assigned by the company.
Call Our Uninsured Motorist Lawyer in Fort Lauderdale Today
Being involved in an accident is always scary, but after a crash involving an uninsured driver, you will have many additional concerns. At Rosen Injury Law, P.A., our Fort Lauderdale personal injury lawyers will ensure your rights are always protected while helping you recover the fair settlement you deserve. Call us today at 954-787-1500 or contact us online to schedule a free consultation.