Recovering Damages After a Collision with an Uninsured Driver
Despite the requirement that all drivers carry a minimum amount of liability insurance, an alarming number of Florida drivers fail to obtain insurance. In fact, Florida is reported as having the highest percentage of uninsured motorists in the U.S., with nearly 30 percent of motorists in the state lacking coverage. Unfortunately, this means that motorists who are injured in accidents with uninsured drivers may have no access to compensation for their injuries besides their own PIP policies, the terms of which are often exceeded in cases that involve serious injuries. While it is true that recovering compensation in these situations can be difficult, it is still possible, so if you were recently injured in an accident with an uninsured driver, it is important to reach out to an experienced Florida auto accident lawyer for help.
PIP Coverage
In Florida, all drivers are required to carry Personal Injury Protection (PIP) coverage of at least $10,000. It is from these policies that car accident victims are required to first attempt to collect compensation after a crash, regardless of who caused the accident. When the terms of a person’s policy are exceeded, however, he or she can look to the other driver’s insurer to recover remaining losses. Unfortunately, it is at this point that many injured motorists discover that the other driver involved in their accident was not insured, leaving them on the hook for additional medical bills and lost wages. There are, however, a couple of other avenues of recovery that may be available to accident victims who find themselves in this situation.
Uninsured Motorist Coverage
Recognizing that many people fail to obtain the coverage that they should before driving in Florida, some policyholders sign up for Uninsured Motorist (UM) coverage. These policies are specifically designed to provide those who are involved in collisions with compensation for injuries they sustain as a result of an uninsured driver’s negligence. Typical coverage includes compensation for:
- Present and future medical bills;
- Lost wages;
- Future loss of earning potential; and
- Pain and suffering.
The amount that an injured driver can collect from a UM policy depends on the limits of that coverage. Unfortunately, insurance providers don’t always offer the fair value of a person’s UM claim, even when they are technically working on the policyholder’s behalf. Having an experienced attorney on your side can make all the difference in ensuring that you get the maximum benefit of your UM claim.
Filing a Personal Injury Claim
Drivers who don’t have UM coverage and who exceed the limits of their PIP policies may need to file a personal injury claim against the at-fault driver in court. Unfortunately, many uninsured drivers also lack significant assets, which means that even if successful, injured parties may not be able to actually recover the damages awarded by the court.
Contact Our Fort Lauderdale Legal Team
If you were injured in an accident by an uninsured driver, you may face difficulties in collecting compensation for your losses. Please call 954-566-9919 to speak with the experienced car accident lawyers at Boone & Davis about your legal options.
Resource:
iii.org/fact-statistic/facts-statistics-uninsured-motorists
https://www.booneanddavislaw.com/how-do-juries-apportion-fault-in-personal-injury-cases/
