What if the Other Driver Doesn’t Have Insurance?
If you were hurt in a car accident, the other driver’s insurance provider could cover damages for your medical bills and other costs. What happens, though, if the other driver does not have insurance? The answer might depend on your own insurance coverage.
An experienced car accident lawyer can help you understand your full range of options if you were hurt in an accident and the other driver lacked auto insurance. Your next steps after a car accident with an uninsured driver depend on the facts involved, your own insurance coverage, and the amount of damages you need covered.
What Is Uninsured/Underinsured Motorist Coverage?
In a no-fault insurance state like Florida, your insurance provider will cover medical bills and certain other costs due to a car accident. This is true whether or not the other driver was insured. Uninsured/Underinsured Motorist Coverage will pay for damages after you’ve been hit by a driver who was either uninsured completely or did not carry Florida’s minimum insurance requirements.
Florida Is a No-Fault Insurance State
Under Florida’s no-fault insurance law, drivers must carry the following under their auto insurance plan:
- $10,000 of personal injury protection (PIP) coverage. PIP coverage exists to lower an accident victim’s need to sue for reimbursement of medical bills and other expenses from a car crash. To collect PIP benefits in Florida, you must receive initial medical treatment within 14 days after your accident.
- $10,000 of property damage liability insurance. This covers damage that you or members of your household cause to property while driving. “Property” for coverage purposes can include not only vehicles but also fences, phone poles, homes, or other items. Coverage can even apply if you were behind the wheel of someone else’s vehicle. Some policies also cover damage caused by someone who drove your vehicle without permission.
If the responsible driver was underinsured and your injuries were serious, your UM/UIM policy can kick in.
What Should I Do After a Car Accident With an Uninsured Driver In Florida?
After a car accident, take the following steps:
- Call for help. After an accident, you will likely be hurt and disoriented. If you are able and help is not already on its way, call emergency services to have first responders get to the crash scene. When police arrive at a car accident scene, they will investigate and prepare a report that summarizes the incident. The police report will be useful when you need damages covered by an insurance company.
- Gather the facts. If your injuries aren’t too severe, try to take photos and video of the accident scene. Get information about the location, and contact information for any witnesses to the crash. Get information about the other driver, including their name, number, and insurance provider.
- Get medical attention. Whether you are seriously hurt or do not think you were injured at all, you should seek medical treatment as soon as possible. The timing of your medical care is important not only for your own health, but for collecting PIP benefits after a Florida car accident.
- File an uninsured motorist claim. Notify your insurance company about the accident as soon as you can. If the other driver didn’t have insurance, the uninsured motorist coverage under your policy will be extremely important. Provide information about the accident, but be careful not to make any statements that would damage your claim. Your insurance provider will have a procedure in place for when the at-fault driver was uninsured or underinsured.
You should also consult with an experienced Florida personal injury lawyer. Doing so will help you understand the whole situation and move forward. Skilled car accident lawyers will know what to do if you were hit by an uninsured driver, and how to maximize your financial recovery. An attorney will also help you avoid any missteps when dealing with an insurance company.
Can I File a Lawsuit Against an Uninsured Driver In Florida?
If your damages exceed what your insurance provider will pay under your policy, you may be able to sue the at-fault driver for the additional damages. Since Florida is a no-fault state, your ability to sue is somewhat limited. That is, you can only file a personal injury lawsuit if your injuries were serious and your medical costs went beyond a certain amount.
To prove liability after a Florida car accident, you will need to prove the following four elements of negligence:
- The other driver must have had a duty of care to other drivers. This means obeying traffic laws, following signs and signals, and trying to avoid accidents.
- The other driver must have breached this duty of care. If the other driver did not drive as a reasonable driver would have done in their position, then it can be said they breached their duty.
- There must be a causal connection between the driver’s breach and the accident itself. Causation is a critical and hard-fought element in any Florida car accident lawsuit.
- You must have suffered damages due to the driver’s negligence. Damages in a car accident claim can include medical bills, lost wages, property damage, pain and suffering, or other types of losses.
To get what you want out of a personal injury lawsuit, however, you need to collect the compensation you deserve. A harsh reality of uninsured motorist claims is that the at-fault driver might never pay. Typically, a driver that won’t pay an insurance premium will have a hard time paying you. Even if you prove liability in your car accident claim, collecting thousands of dollars from the other driver can be a frustrating task.
An experienced car accident lawyer can explain how to collect damages after a personal injury judgment.
An Experienced St. Petersburg Car Accident Attorney Can Help if You Were Injured by an Uninsured Driver
Don’t despair if you were hit by an uninsured driver in St. Petersburg, Florida. You will still have options, even if they might seem more complex and time consuming. Our dedicated car accident attorneys are here to guide you through the process and do the hard work for you. To learn about your next steps if the other driver did not have insurance, contact Perenich, Caulfield, Avril & Noyes Personal Injury Lawyers today at (727) 591-3354 to schedule your free consultation.
We treat you like family.
If you can’t come to us, we’ll come to you.
Representing Accident Victims in Tampa Bay since 1955
-
“Friendly knowledgeable and kept me informed about my case. Any offer, bill or question was readily answered. Would definitely recommend and refer people to Bryan Caulfield and his team!!”- Betty B.
-
“Mrs Bryant works her butt off to make sure you get what is do to you in medical and beyond! They won’t take your case if they don’t feel you haven’t been wronged.”- Christine R.
-
“Working with Mark Perenich on my auto injury case was an absolute game-changer. From the very beginning, he brought a level of professionalism, expertise, and care that immediately put us at ease.”- Kerry B.
-
“Lorrie and Allyson are phenomenal. I highly recommend them to anyone. It seemed like a never ending journey but I can’t thank them enough for diligently fighting my case with the greatest integrity, support and prayers.”- Former Client
-
“From the first day we met this law group I felt very comfortable and knew we would be well taken care of. This was our first experience filing for SSD, and was not disappointed. The lawyers are awesome and very professional.”- Shari J.
-
“Very nice they worked with you. Never ignored me with my case. Always on top to work with you. Thank you so much for all that you have done to help me! Very highly recommend.”- Margarita O.
-
“My appointed attorney was Jacqueline, Bryant. She is very compassionate about her client and work. When it comes to negotiation, she's a Beast and she gets the job done.”- Alaina J.
-
“What was particularly awe inspiring was the recall of facts and testimonies from medical personnel that Para Legal Ms. Josephine Elizabeth Angelo was able to make. Her memory and acumen for detail was admirable.”- Maylisa Y.
-
“Wonderful, impeccable, personalized, authentic, truthful, honest experience. Rare, real, and human firm.”- Sheryl G.
We’ve been proudly serving Clearwater, St. Petersburg, and the Tampa Bay area for generations. As the first personal injury law firm in Clearwater, our dedicated legal team brings over 300 years of combined experience to each and every case. If you’ve been injured and need support, please reach outtoday for a free consultation, we are here to help you.
