Getting in an accident with an uninsured driver can be confusing and frustrating, especially because Florida law requires all motorists to carry property damage liability insurance (PDL) and personal injury protection (PIP). When a driver doesn’t have these coverages, it is challenging to file a personal injury claim successfully and collect the damages you deserve. This does not mean that you have no recourse, however. Here is what you can do if you were involved in an accident with an uninsured driver.
A fully insured Florida driver has uninsured motorist coverage to cover medical bills or losses to property. You can also look into suing the driver personally for damages. Calling an experienced personal injury lawyer is a prudent first step to determining the best action course.
Can You Sue an Uninsured Driver?
The truth is, suing an uninsured driver is generally not a very lucrative endeavor, as uninsured drivers often don’t have a lot of extra resources. If they had money in the first place, they probably would be properly insured. Most Sarasota and Tampa area judges will not award a significant settlement against an uninsured driver because the defendant does not have any money to pay. Even if a judgment is ordered, the chances are that it will not be enforced if the defendant does not pay you. If the defendant has a monthly income, the judge may order a payment plan. However, weekly payment plans are notoriously low, and $25 or $50 per week is not likely to help you with mounting medical bills or loss of wages.
Additionally, although a personal injury lawyer can be an invaluable asset, the potential of such a small amount of money will not inspire many attorneys to take on such a lawsuit.
Discovery of Hidden Assets
There may be an opportunity for you to win damages from an uninsured driver, and that involves discovering any hidden assets or money. An attorney will need to run a credit or asset check against the uninsured vehicle driver. If hidden assets or money are determined to exist, the personal injury attorney (should they agree to work with you) will attempt to retain the assets through a lien or freezing accounts. This guarantees that the defendant cannot move the assets again, either by hiding them, giving them to a friend or family member – and trying to get out of paying what the judge may determine is owed.
Try Filing a Claim Through Your Own Insurance Company
If you experienced severe injuries in a vehicle accident with an uninsured driver, the best course of action is to file an insurance claim with your own insurance company. This is why you pay for uninsured motorist coverage. While you may prefer going after the driver who didn’t do the right thing, utilizing your own insurance is a more productive way to get paid.
If the driver that injured you is uninsured, inform your insurance company immediately of your intent to file a claim under your uninsured motorist coverage. The process involved in an uninsured motorist claim is not the same as the usual insurance claim – the time frame and deadlines are more stringent. If the other driver says they are uninsured – or if they will not provide insurance information at the time of the accident – notify your insurance provider right away. They can tell you how long you have to file a claim based on your coverage.
If you can’t settle with your own insurance company regarding a payout, the case will move to arbitration. Remember, the amount of benefits you receive from your insurance company cannot exceed the amount of benefits that your policy covers.
Ask a Personal Injury Attorney for Advice
If you have been involved in an accident and wonder about your rights, call Probinsky & Cole. We are experienced personal injury attorneys who will work hard to get you the compensation you deserve.
