In Florida, car accidents can be complex, especially when one of the parties involved does not have the required insurance. Florida follows a unique insurance system called no-fault insurance (Personal Injury Protection, or PIP), which means that each driver’s own insurance typically covers their medical expenses and lost wages, regardless of who is at fault in the accident. However, if one party is an uninsured driver, it can significantly complicate the situation for the injured party.
Florida’s No-Fault Insurance System
Florida’s no-fault insurance system mandates that all drivers carry a minimum amount of insurance. This includes:
Personal Injury Protection (PIP): The minimum requirement is $10,000 of PIP insurance, which covers medical expenses, lost wages, and certain other costs up to the policy limit, regardless of who caused the accident.
Property Damage Liability (PDL): Drivers must also carry at least $10,000 in PDL insurance, which covers damage to another person’s property, including their vehicle, caused by the driver’s actions.
In the event of a car accident, the involved drivers typically file claims with their own insurance companies to receive compensation for injuries or damage. However, the system can be less straightforward when one of the drivers does not have the required insurance coverage.
When an Uninsured Driver is Party to an Accident
If one party in the accident does not have the required insurance, several issues arise for the injured party:
- Uninsured Motorist Coverage (UM)
One important option for drivers in Florida is Uninsured Motorist (UM) coverage. UM coverage is not mandatory, but it is highly recommended. If an injured party is involved in an accident with a driver who has no insurance or insufficient insurance, the injured party can file a claim under their own UM policy. UM insurance helps cover medical expenses, lost wages, and pain and suffering when the other driver lacks insurance. - Filing a Lawsuit for Additional Compensation
In situations where an injured party’s insurance does not fully cover their medical bills or damages, and the other driver is uninsured, the injured party may consider filing a lawsuit. In Florida, if the injuries are serious enough (such as permanent injury or disfigurement), the injured party may pursue compensation beyond the PIP coverage by filing a lawsuit against the at-fault driver for negligence. This is often necessary if the at-fault party’s actions caused significant harm and they have no or inadequate insurance to cover the costs.However, even if the injured party has a valid claim against the at-fault driver, pursuing a lawsuit may not always result in compensation. If the uninsured driver has few assets or no ability to pay a judgment, the injured party may be left with limited or no recovery, which highlights the importance of having UM coverage.
Legal Rights of the Injured Party
Right to Compensation for Medical Expenses and Lost Wages: An injured party has the right to be compensated for medical expenses and lost wages through their PIP insurance. If the other driver is uninsured and the injured party’s PIP is insufficient, they may also have the right to file a claim under their UM coverage (if applicable).
Right to File a Lawsuit for Non-PIP Damages: In cases where the injury is severe (e.g., permanent disfigurement, substantial disability), Florida law allows an injured party to file a lawsuit for pain and suffering, emotional distress, and other non-economic damages. However, the injured party must meet specific thresholds in terms of the severity of their injuries for this legal action to proceed.
Right to Pursue Damages from the Uninsured Driver: Even if the other party does not have insurance, the injured person can still try to recover damages through a lawsuit for negligence. This action would typically be pursued for pain and suffering or other non-economic damages, as long as the injured party meets the required legal thresholds for filing such claims.
While legal options are available, the lack of insurance coverage by one party can make the recovery process more difficult, and the injured party may face challenges in fully recovering their damages – particularly if the at-fault driver has limited assets or financial resources.
If oyu have been injured and want to determine if you have a case against an uninsured driver, call Probinsky & Cole today.
