According to the latest statistics, it is estimated that 13% of regular drivers are uninsured. Sadly, Florida leads the country in the percentage of uninsured drivers on the road, at 26.7% (according to the Insurance information Institute findings).
Although Florida does require a minimum level of insurance in order to drive on our roadways, the staggering number of uninsured motorists proves that not everyone is paying attention to the law. What are your rights if you are hit by an uninsured driver?
Florida is a no-fault state, meaning that when you are involved in an accident, your car insurance provider automatically reimburses you for certain damages, regardless of who may have been at fault. This is why it is required by law that every driver carries Personal Injury Protection (PIP) in their car insurance policy. This means three is no wait and no fear about a claim being denied – so you can go ahead and get the medical care you need, immediately.
Sadly, it is not uncommon that the costs following an auto accident exceed the limits of your personal policy. In those circumstances, you can follow up with a lawsuit to try to recover the excessive damages from the other party – even in a no-fault state.
Can an Uninsured Driver Be Held Responsible?
As stated, your PIP insurance should cover your medical bills. If your injuries are debilitating and long-term, your medical bills may exceed your coverage limits, therefore you are given the opportunity to sue the other driver. However, any damages from the other party would normally result in a payout from their insurance company – and if thay are uninsured, that possibility does not exist.
It is also a stark reality that an uninsured driver often does not have many personal assets or a large stash of cash – so suing them may not be worth the effort. You really never want to sue an uninsured motorist unless you have determined you have a good chance of winning- and collecting on – your case. So what are your options?
The best course of action is to add Uninsured Motorist (UM) Coverage to your policy, which will pay additional damages if necessary, once you have exhausted your PIP coverage amount. This ensures that no matter who hits you and who is at fault, you can have the coverage you need.
Protect Yourself after an Accident
At the scene of an accident, it is often not evident that the other party is uninsured. You also do not yet know your medical diagnosis, or the estimate for fixing your car. Therefore, it is important to collect as much information at the time of the accident, just in case you will later need to file a lawsuit or present a claim. If it is safe and you are not injured, take photos of the crash site, ask for a copy of the police report, and write down your version of what just happened. If there are witnesses (and the police have not yet arrived) , ask them to give a statement. The more information you collect immediately following an accident, the easier it is to later file a claim. Once you have been seen by a medical professional, keep all doctors records and reports, and gather information regarding your prognosis and necessary ongoing or long term care.
You should contact a car accident attorney who has experience in these types of claims. The expert team at Probinsky & Cole can help you to determine the best course of action and if a lawsuit will be necessary or successful. Even in a no-fault state, know your rights. Call us today.
