If you have been involved in a car accident with an uninsured driver in Florida, you may be unsure of how to proceed to obtain compensation for the damages you have endured. Please continue reading as we delve into how uninsured motorist coverage works and how our determined Manatee County Car Accident Lawyers can assist you during these tough times.
How Should I Proceed if the Other Driver is Uninsured?
In Florida, motorists are not required to carry uninsured motorists (UM) coverage. However, all auto insurance companies are required to offer UM coverage to policyholders. Depending on your policy, it can cover medical bills, lost wages, property damage, and pain and suffering if you are injured by an uninsured driver. While UM coverage is not mandatory, having it provides an additional level of protection. If the other driver doesn’t have insurance, you won’t be stuck paying expenses out of your pocket.
It’s important to note that all drivers must have a minimum of $10,000 in personal injury protection (PIP) and $10,000 in property damage liability. Florida is a “no-fault” state, meaning you must first file a claim for coverage by your PIP insurance. This will cover certain damages. However, if the costs of your damages exceed your coverage, the at-fault driver’s liability coverage typically covers the expense. If the other driver doesn’t have insurance, this is where your UM coverage comes into play. Your policy would cover these additional costs.
If you don’t have UM coverage, you’ll likely need to pay for all of your damages yourself. Nevertheless, some options may help including litigating against the at-fault driver. You may sue the at-fault driver for damages caused by their negligence. Before taking legal action, you should consult an experienced attorney who can help you navigate the legal process and maximize your compensation.
What Damages Can I Seek in a Personal Injury Claim?
First, you should note that those who prevail in a civil action for personal injuries are typically entitled to recover damages. These funds include compensatory and punitive damages. Compensatory damages are designed to reimburse victims for the actual losses they endured due to the negligence of another party. They are usually divided into two categories: economic and non-economic damages.
Economic damages reflect tangible losses that can be easily calculated with documentation. This may include medical bills, lost wages, property damage, and any other out-of-pocket expenses. Non-economic damages, on the other hand, reflect intangible losses that are much harder to quantify. This may include pain and suffering, mental anguish, loss of enjoyment of life, disfigurement, and other subjective losses. In extreme cases, the court may decide to award punitive damages when the defendant’s conduct was malicious or reckless. Unlike compensatory damages, punitive damages are designed to punish the defendant to deter future similar actions.
You should also note that Florida is a modified comparative negligence state. This means a victim can still recover damages if they are less than 50% at fault for an accident. However, the amount they can recover will be reduced by the same proportion as their percentage of fault for the collision. If you are more at fault than the other party, you will face the absolute bar of recovery. Therefore, you should connect with an experienced attorney who can help you fight for the full and fair compensation to which you are entitled for your damages.
Unfortunately, a car accident can cause serious injuries that can take a toll on your finances if your expenses exceed your coverage. At Becker & Lindauer, LLC, we are prepared to help you investigate the collision and gather evidence to support your claim. Contact our firm today to discuss your legal options.
