Were You Rear-Ended by an Uninsured Florida Driver?

In Florida, all drivers are required to purchase Personal Injury Protection (PIP) insurance, which covers them in the event of an accident, regardless of fault. Unfortunately, despite this legal requirement, many Florida drivers don’t purchase insurance. In fact, Florida has one of the highest rates of uninsured drivers in the country, with an estimated 16 to 20 percent of drivers lacking the proper liability insurance. This leaves other road users at a very real risk in the event that they suffer a serious injury that exceeds the scope of their own policy limits.

Filing a PIP Insurance Claim

 Of the many types of car accidents in which a person can be involved, rear-end collisions are one of the most common. These kinds of crashes, for instance, are thought to account for nearly 30 percent of all collisions in the U.S. Unfortunately, in Florida, where many drivers are uninsured, there’s a good chance that someone involved in this kind of crash will find themselves trying to recover the remainder of their losses from an uninsured driver. In these cases, the accident victim has a few different options, one of which is to seek compensation from their own insurer. PIP coverage, however, generally only covers 80 percent of a victim’s medical expenses and 60 percent of his or her losses up to the $10,000 limit. When these amounts are exceeded, which is likely to occur in rear-end accidents, which often result in injuries to the occupants of the struck vehicle, a policyholder may have to look elsewhere for coverage.

Using Uninsured/Underinsured Motorist Coverage

 Because Florida is known for having so many uninsured drivers on the road, some vehicle owners choose to purchase uninsured/underinsured coverage. As its name suggests, this kind of insurance kicks in when a victim’s losses exceed his or her own PIP policy and the at-fault driver lacks insurance to cover the remainder of the losses. These policies cover medical expenses and lost wages, beyond PIP limits, and can also be used to reimburse a policyholder for pain and suffering, which isn’t compensable with PIP coverage alone.

Pursuing Legal Action Against the At-Fault Driver 

When an injured driver has exceeded both his or her PIP and uninsured/underinsured policies, then it may be time to consider filing a lawsuit against the at-fault driver in court. In Florida, injured parties have two years from the date of their accident to take this step. It is, however, important to remember that going this route can be difficult, as uninsured drivers often lack significant assets to pay off a damages award. This can leave an injured party unable to collect reimbursement even after receiving a favorable judgment in court, although in some cases, judges may order the at-fault driver to make monthly payments until the full amount of the victim’s losses are paid off.

Set Up a Consultation Today 

At Boone & Davis, our decades of experience can be invaluable when attempting to recover compensation after an accident that wasn’t your fault. Call our Fort Lauderdale uninsured motorist attorneys at 954-566-9919 to explore your potential recovery options today.

Sources:

newsweek.com/uninsured-drivers-soar-florida-insurance-crisis-deepens-1874628

nhtsa.gov/document/analyses-rear-end-crashes-and-near-crashes-100-car-naturalistic-driving-study-support-rear