Florida ranks among the states with the highest rates of uninsured drivers in the country. Estimates suggest that somewhere between one in four and one in five Florida drivers on the road at any given time are either uninsured or underinsured.
The good news is that discovering the other driver is uninsured does not mean you are out of options. At Rosen Injury Law, our Fort Lauderdale car accident lawyers will protect your rights and help you secure maximum compensation for your claim. Call (954) 787-1500 or complete the short form on our contact page and schedule a free consultation.
Start With Your Own PIP Coverage
Because Florida is a no-fault insurance state, the first place you look for compensation after any car accident is your own insurance policy, regardless of who caused the crash. Every registered vehicle owner in Florida is required to carry at least $10,000 in Personal Injury Protection coverage. PIP pays 80% of your necessary medical bills and 60% of your lost wages up to that $10,000 limit without requiring any investigation into who was at fault.
For minor accidents, PIP may cover most of your costs. But for anyone dealing with a more serious injury, $10,000 can go quickly. A single emergency room visit and imaging can eat through the entire limit. And PIP does not cover pain and suffering at all.
Uninsured/Underinsured Motorist Coverage
Uninsured motorist (UM) coverage is a type of protection you carry on your own auto insurance policy specifically to protect you in situations like this one. When the at-fault driver has no insurance, your own UM coverage steps in and functions like their liability insurance would have.
UM coverage can pay for your medical expenses beyond what PIP covers, your lost wages, your pain and suffering, and other damages you would have sought from the at-fault driver’s insurer if they had one.
In Florida, insurance companies are required to offer UM coverage to their customers, but drivers may reject it in writing. Many people do, often without fully understanding what they are giving up. If you opted out of UM coverage when you purchased your policy, recovering full compensation after a crash with an uninsured driver becomes considerably more difficult.
Most Florida drivers carry only the bare minimum required by law, which for bodily injury liability can be as low as $10,000 per person. If you have suffered a serious injury, $10,000 from the other driver’s carrier will barely cover an emergency room visit, let alone months of treatment, rehabilitation, and lost income.
Underinsured motorist (UIM) coverage, sometimes written as UIM, works the same way as UM coverage in this scenario. Once the at-fault driver’s policy limits are exhausted, your own UIM coverage activates to make up the difference, up to your policy limits.
You Could Sue the Uninsured At-Fault Driver Directly
Sometimes, filing a suit against the uninsured at-fault driver makes sense. If the at-fault driver was uninsured and your own UM coverage is insufficient to fully compensate you, filing a lawsuit directly against the driver is a legal option. A successful lawsuit results in a court judgment against that person for the amount of your proven damages.
The practical difficulty is that people who drive without insurance often do so because they cannot afford it, which raises real questions about whether a judgment would be collectible. A person without insurance may also be a person without significant assets, savings, or a steady income from which a judgment could be satisfied.
That said, there are circumstances where pursuing the uninsured driver personally makes sense. Our Fort Lauderdale injury attorneys will evaluate the specific circumstances of your case to determine whether a direct suit against the at-fault driver would be appropriate.
You May Have a Valid Claim Against a Third-Party Defendant
Your accident may have been caused in whole or in part by the negligence of a third party. For example, if the vehicle malfunctioned due to a defective product or negligent maintenance, someone other than the driver could be liable.
We never take an accident at face value. At Rosen Injury Law, our motor vehicle accident lawyers carefully investigate your accident to identify all possible causes and potentially liable parties, ensuring that all at-fault parties are held accountable.
Contact Rosen Injury Law Today
If you were injured in a car accident caused by another party’s negligence and the other driver is uninsured or underinsured, you may still be able to recover the full compensation you are owed. Our car accident lawyers will evaluate the facts of your accident and advise you of your options. Call (954) 787-1500 or visit our contact page and schedule a free consultation to discuss your claim.