Summary
- Drivers are required to carry insurance coverage in almost every single state, but unfortunately, some uninsured drivers manage to slip through the cracks.
- In states with no-fault insurance rules, like Florida, your own insurance provider should cover most of your damages. However, this coverage has limits.
- If necessary, you can file a lawsuit to recover your remaining damages from the at-fault parties.
- Working with an experienced uninsured driver accident lawyer gives you the best chance possible at receiving the compensation you deserve.
Car accidents can cause severe injuries and extensive property damage, leaving victims with significant physical, emotional, and financial burdens. Many drivers count on their insurance coverage to receive medical treatment and repair their vehicle after an accident, but what if the at-fault driver doesn’t have insurance coverage?
Don’t panic–you should still be able to recover compensation for your damages. A car accident lawyer with experience handling cases involving uninsured drivers can help you negotiate with insurance companies and hold the at-fault party responsible for the damage they’ve caused you.
The personal injury attorneys at Werner, Hoffman, Greig & Garcia have helped many clients deal with cases including uninsured drivers and the complications that come along with them. Having our team on your side can make all the difference in the outcome of your claim. Please don’t hesitate to reach out to schedule a free consultation. You can contact us online or call us at (800) 320-4357.
Car Insurance Requirements
In most states, car insurance coverage is mandatory if you want to drive. Every state except Virginia requires at least some insurance coverage to legally drive on public roads.
Florida Requirements
Florida’s insurance requirements are relatively light, but you still have to meet minimum requirements to own and operate a car in Florida. An uninsured driver can face consequences for operating without sufficient coverage.
Florida is a no-fault state, which means that everyone is required to carry a certain amount of basic insurance. It also means that no matter who is at fault in an accident, each driver is covered by their own insurance first.
In, Florida, the minimum insurance requirement is at least:
- $10,000 of Personal Injury Protection (PIP), which covers 80% of all necessary medical expenses
- $10,000 of Property Damage Liability (PDL), which pays for property damage
Insurance coverage is required even if the vehicle isn’t being driven. If you don’t have current Florida insurance, you shouldn’t even have a license plate on your car.
Consequences of Driving Without Insurance in Florida
The consequences of driving without a license vary from state to state and usually involve a license suspension.
In Florida, the minimum penalty for driving without a license is:
- 3 years suspended license
- Required to pay a reinstatement fee of up to $500
How Can I Pursue Compensation From an Accident With an Uninsured Driver?
With such strict requirements, most drivers will have car insurance coverage. Unfortunately, not everyone is so responsible.
If you are involved in an auto accident with an uninsured driver, don’t panic. There are several different ways for you to pursue compensation for your car accident damages, even if the at-fault driver doesn’t have insurance.
Your Insurance Provider
In Florida and other no-fault states with similar coverage requirements, your own insurance provider covers a significant portion of your damages after an accident, regardless of fault or the other driver’s insurance status.
Personal Injury Protection and Property Damage Liability coverage may be enough to cover most of your medical expenses and repair bills.
The Uninsured Driver
Under Florida’s no-fault rules, your own insurance is the first option for covering your damages, regardless of fault. However, if your injuries and property damage aren’t fully covered by your PIP insurance, the at-fault driver is liable for the remaining damages. You can sue them to recover it, if necessary.
There are also exceptions to Florida’s no-fault rules, such as:
- Significant and permanent loss of an important bodily function
- Permanent injury within a reasonable degree of medical probability
- Significant and permanent scarring or disfigurement
- Death
If you or a loved one suffers this kind of egregious harm in an accident, you may still file a wrongful death lawsuit against the at-fault driver. You can also recover compensation for other damages caused, like pain and suffering or emotional damages.
An Uninsured Driver Accident Lawyer Can Help
It can be intimidating to contemplate the legal action required to defend your rights and obtain the compensation you deserve. By enlisting the help of an uninsured driver accident lawyer, you significantly increase your chances of receiving what you’re owed.
A skilled auto accident attorney can help by:
- Assessing your case, determining what portion of your damages are covered by insurance, and finding out what needs to be recovered from the at-fault party
- Navigating the administrative and procedural demands of the legal system, effectively using the law to defend your rights
- Investigating and gathering evidence demonstrating the uninsured driver’s responsibility for the accident
- Negotiating with insurance companies for a settlement that is fair
- Representing you in court if necessary
Lawyers who specialize in car accidents involving uninsured drivers are an essential resource for victims trying to rebuild after a Florida auto accident. Their expertise, advocacy, and dedication can make a big difference in the outcome of your case.
Choose Werner, Hoffman, Greig & Garcia as Your Uninsured Driver Accident Lawyer
Car accidents can be traumatic events that cause a serious disruption in your life. The physical, emotional, and financial costs can be steep. When the driver who caused this damage doesn’t even have insurance coverage, and your insurance only goes so far, recovering the compensation you deserve can feel impossible.
At Werner, Hoffman, Greig & Garcia, we aren’t intimidated by a challenge. You can feel confident that we will leave no stone unturned while we investigate and build your uninsured driver accident claim. We encourage you to get in touch with our team here at WHG as soon as possible. To get started, give us a call at (800) 320-4357 or contact us online.
Frequently Asked Questions
What should I do immediately after an accident with an uninsured driver?
If you’re involved in an auto accident with an uninsured driver, here are a few steps to follow until your car accident lawyer can take over.
- Get checked out by a medical professional to remain eligible for PIP coverage
- Call the police and file a report
- Take pictures and video of the accident scene, including debris, signage, and signals
- Document your injuries and any vehicles involved
- Collect contact information from any eyewitnesses so your attorney can get statements from them later if necessary
- Contact an experienced uninsured driver accident lawyer and set up a free consultation
How long does it take to settle an uninsured driver accident lawsuit?
Each car accident is different, so we can’t offer a definitive answer without knowing more about your individual case. However, a few things to keep in mind:
- Most personal injury claims are settled between 6 and 18 months unless they go to trial
- If more than one party is responsible for causing the crash, negotiations will likely take more time
- Claims involving higher damages can take longer because both sides need time to build their case, and the defendant has more motivation to dispute any allegations of negligence
What if the uninsured driver refuses to pay for damages?
In Florida, your Personal Injury Protection and Property Damage Liability coverage should handle a portion of your damages after an accident. However, if you have damages that aren’t covered by your insurance, you have the right to pursue compensation from the at-fault driver.
If the uninsured driver refuses to cooperate, a personal injury lawsuit may be necessary to recover compensation. Get in touch with an experienced uninsured driver accident lawyer to discuss your options.
