Yes, you can file a claim against an uninsured driver if they are responsible for your accident, but recovering compensation can be incredibly difficult, depending on their financial resources and your personal injury protection coverage. In Florida, victims often rely on uninsured motorist coverage, personal injury protection, or legal action to seek compensation for the damages they have suffered. If you have been injured in a car accident and the at-fault driver is uninsured, you may wonder what you can do to recover compensation for the damages you have wrongly endured. Please continue reading and contact our skilled Manatee County Car Accident Lawyers to learn how we can help you navigate your legal options.
Can You Sue an Uninsured Driver in Florida?
In Florida, you have a legal right to file a lawsuit against the driver responsible for your accident. However, whether you can actually recover the compensation you are awarded will depend on a number of factors, like the driver’s assets, your insurance policy, and the severity of your injuries.
File a Suit Against an Uninsured Driver
- You can file a personal injury lawsuit against an uninsured driver
- The driver will be personally responsible for your injuries
- Recovery can be limited if the driver does not have sufficient assets
- You may need to file a claim against your own uninsured motorist or personal injury protection coverage
- An attorney can help you determine all avenues for compensation
What is Uninsured Motorist Coverage?
If you are a Florida resident, to legally drive in the state, you must purchase Personal Injury Protection (PIP) coverage and Property Damage Liability (PDL) insurance. The state of Florida requires drivers to carry $10,000 in PDL insurance and $10,000 in PIP insurance. PDL covers repairs or the replacement of property damaged in an accident. PIP insurance is intended to cover your medical bills and lost wages.
It is important to understand that if you have the bare minimum insurance required by Florida law and you are seriously injured and the at-fault party also has the minimum required insurance or no insurance, you will face significant financial out-of-pocket expenses, as you will have to pay out of pocket for your medical bills and other incurred damages. While you may not need to carry uninsured motorist (UM) coverage, this auto insurance can protect you if you are involved in an accident with an uninsured or underinsured driver.
What Uninsured Motorist (UM) Coverage Can Pay For
- Medical expenses beyond PIP limits
- Lost wages if you are unable to work
- Compensation for pain and suffering
- Future medical care and rehabilitation expenses
- Compensation when the at-fault driver has no or insufficient insurance coverage
How Does Florida’s No-Fault System Impact Your Claim?
Florida is a no-fault accident state, meaning all drivers are required to file a claim against their own policy for coverage, regardless of who causes the accident. This can ultimately impact how and when you are eligible to pursue legal action.
In addition to the no-fault system, accident victims in Bradenton and throughout Manatee County should also consider how local insurance practices can impact their case. Insurers in Florida closely scrutinize these claims, emphasizing the need for prompt medical treatment.
How PIP Insurance Works in Florida
- You must file a claim against your own personal injury protection (PIP) coverage
- This covers medical bills and a portion of your lost wages
- You must seek medical treatment within 14 days to qualify for benefits
- Coverage is generally limited to $10,000
Can I Pursue Legal Action Against a Driver Who Hit Me With No Insurance?
Generally speaking, you can pursue legal action against an uninsured driver who hit you. When this is the case, the driver is personally responsible for your injuries. However, they may not have the assets to fully cover the damages you have endured. If you wish to seek compensation for uncovered expenses, you should consider filing a personal injury lawsuit against the at-fault party. With the help of an experienced attorney, you can prove their liability for your damages.
Challenges When Suing an Uninsured Driver
- The driver may lack sufficient assets to pay a judgment
- Collecting compensation can require additional legal action
- Insurance companies may attempt to dispute liability
- You may have to explore alternative compensation options
What Damages Can You Recover After an Accident With an Uninsured Driver in Florida?
If you wish to seek a personal injury claim against the driver, understanding what compensation you may be entitled to recover is critical.
Economic Damages
- Medical bills and the cost of care
- Lost wages
- Reduced income and earning capacity
- Property damages
- Repair expenses
- Out-of-pocket expenses related to the collision
Non-Economic Damages
- Pain and suffering
- Loss of enjoyment of life
- Scarring and disfigurement
- Permanent disability
- Emotional distress
Contact an Experienced Bradenton Personal Injury Attorney
Although it is not required that you have legal representation, it can maximize your chances of achieving favorable results. At Becker & Lindauer, LLC, we are prepared to help you fight for the compensation you deserve. Connect with us today to learn more about how we can assist you in attaining justice.
