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Insurance Laws in Florida: What Happens if I Am Hit by An Uninsured Driver?

As a personal injury lawyer in South Florida, clients often ask me about proper insurance coverage and what to do in the event that they are involved in an accident with an uninsured driver. Unfortunately, Florida has among the highest rate of uninsured drivers in the country. Still, the law in Florida states that in order to drive a motor vehicle in the state of Florida, insurance coverage is a must. Although Florida law provides many penalties for operating a motor vehicle without insurance coverage, many drivers are simply not insured or are underinsured. Luckily, uninsured and underinsured motorist insurance coverage can help. If an insured obtains uninsured and underinsured car accident insurance coverage for their vehicle, the coverage can pay for damages if the insured is involved in a car accident with an uninsured motorist. For example, if you’re in a car wreck, you may sustain damages in the form of medical expenses, lost wages, pain and suffering, etc. All of these types of damages can be paid out through uninsured or underinsured motorist coverage. Overall, carrying uninsured or underinsurance coverage is highly recommended because there is a high percentage of drivers in Florida who are uninsured or underinsured and Florida laws are favorable for drivers who choose to purchase  uninsured/underinsured motorist coverage. Claims involving uninsured and underinsured drivers tend to be complex. You may need to figure out issues pertaining to whether or not the at fault driver is insolvent, what their policy limits are, and how should proceed with your insurance claim or potential lawsuit. In this blog post, we will discuss what uninsured motorist coverage is and why drivers in Florida should have it.

What Happens if I Am Hit by An Uninsured Driver?

If you or someone you love was recently involved in a car accident with an uninsured or underinsured driver, you may be wondering who is supposed to pay for damages caused to your car, yourself, and your passengers? To begin, it is important to understand who is required to carry insurance coverage in Florida. Anyone who lives in and owns a car in Florida needs to have insurance. In fact, drivers in Florida are required to purchase liability policy that contains bodily injury liability coverage with at least $10,000 per person, $20,000 per crash, and $10,000 for property damage. Even people who only drive in Florida for a couple of months at a time are required to carry insurance coverage. Drivers who do not have insurance coverage can receive a ticket or get their license suspended. If you sustained injuries in any type of car accident in Florida due to someone else’s negligence, you likely want to obtain a copy of any applicable liability insurance policies in order to seek compensation for your injuries. Typically, you can file a claim with the at fault driver’s insurance company and their insurer will be responsible for repairing or replacing your car and paying for the costs of your medical expenses and any other damages applicable in your case. However, what happens in the event that you are hit by a driver who does not have insurance coverage? Or what if your expenses exceed the at-fault driver’s policy limits? Generally, because Florida is a no-fault state, you would still go ahead and file a claim with your own insurance provider. However, if your claim exceeds your policy limits, you will likely have to pursue other options in order to be properly compensated for your damages. In some cases, filing a lawsuit to recover damages stemming from a car accident can be a must for an injured victim who is injured in a car accident and has incurred costly medical bills since an uninsured driver has no protection from civil liability. Unfortunately, more often than not, the at fault driver does not have enough financial assets to compensate you for your damages. If you are able to obtain a judgment against the driver and they refuse to pay, you still have a few other options which include wage garnishment, placing a lien on non-homestead property owned by driver,suspending driver’s license, etc. I have had countless experiences in which potential clients and even close friends have advised me that they are unsure whether or not they have Uninsured/Underinsured Motorists Coverage under their auto insurance policy. Frequently, clients are not even sure when this coverage is applicable to their accident. I highly recommend that you consider obtaining this type of coverage to avoid having to pursue some of the options discussed above.

Suarez & Montero Car Accident Lawyers in Miami

If you or someone you love was injured in a car accident, you may have a right to seek compensation for your losses. The Law Offices of Suarez & Montero Car Accident Attorneys is a personal injury law firm with locations in Miami and Broward. A personal injury claim can help obtain funds that cover medical expenses, lost income and other damages. You want a lawyer who will work hard on your behalf and follow through promptly on all assignments. Let the  personal injury attorneys at Suarez & Montero review the circumstances of your case and discuss your legal options. Our attorneys are ready to provide proven legal representation in pursuing your claim and stand ready to protect your rights. The car accident attorneys at Suarez & Montero can help those of you who would like to pursue a car accident claim. To discuss how we can assist you, call us or contact us online. We encourage you to learn more about and the successes our attorneys have had on behalf of individuals and families who have suffered serious personal injury in accidents involving vehicles. Call us today to schedule a free consultation. We’ll review your case and help you understand your legal options.

We serve clients throughout Florida including those in the following areas:

Miami-Dade: Aventura, Coral Gables, Doral, Fontainebleau, Hialeah, Homestead, Kendall, Miami, Miami Beach, Miami Lakes, North Miami, Tamiami, and Westchester.

Broward: Fort Lauderdale, Hallandale Beach, Hollywood, Pembroke Pines, and Weston; and Palm Beach County including Boca Raton, Lake Worth, and West Palm Beach.