What Happens if You're in an Accident with an Uninsured Driver in Florida?

Unfortunate as it may be, it’s actually not uncommon to experience an uninsured driver accident in Florida. That’s because, according to the Insurance Information Institute, a little over 20% of motorists in the state drive with no form of insurance at all.

It’s important to mention that driving without insurance in the state of Florida is illegal. If you’ve gotten into an accident with an uninsured driver in Florida, it’s important to understand your legal options and the steps you should take to resolve this issue and receive the compensation you’re entitled to.

What Is Florida’s No-Fault Insurance Law?

First, let’s define Florida’s “no-fault” insurance law. Florida is one of the few states with a no-fault insurance system, meaning that after a car accident, each driver’s insurance covers their own medical expenses, regardless of who caused the accident.

All Florida drivers are required by law to carry Personal Injury Protection (PIP) insurance as part of their auto insurance policy.

PIP coverage typically includes:

●       Coverage of up to 80% of necessary medical costs up to the policy limit.

●       Reimbursement of up to 60% of lost wages if you cannot work due to your injuries.

●       A small death benefit in case of a fatal accident.

The minimum PIP coverage required by law is $10,000, but drivers can opt for higher coverage limits.

You are entitled to use your PIP benefits even if the other driver was at fault or uninsured, which helps guarantee that you receive necessary medical care without delays. (It's important to seek medical treatment within 14 days of the accident to access full PIP benefits.)

Consequences of an Accident with an Uninsured Driver

One of the most unfortunate aspects of uninsured driver accidents is the price tag they often come with. Your PIP insurance will cover your medical expenses and lost wages up to your policy limits, but any costs beyond that will be your responsibility unless you have additional coverage.

For instance, If the uninsured driver is at fault, their lack of insurance means they won’t pay for your vehicle repairs. If you have collision coverage, it will pay for repairs to your car minus your deductible. Without collision coverage, though, you’ll have to pay for repairs yourself or consider legal action against the uninsured driver.

The Steps You Should Take After an Uninsured Driver Accident in Florida

If you do get into an accident with an uninsured Florida driver, there’s a standard of procedure you can follow to make the aftermath a lot more manageable. Here it is, step by step:

Step 1: Stay Calm and Make Sure You’re Safe

The first order of business, of course, is to check yourself and your fellow passengers for any potential injury. If someone is hurt, dial 911 immediately. If it’s possible, try moving your vehicle to the road’s shoulder or somewhere else out of the way of potential further accidents.

Step 2: File An Accident Report

The next step is to call the police (if you haven’t already) to file an accident report. Even if the accident seems minor, it’s still non-negotiable; An official accident report will be important for insurance claims and any potential legal action.

Let the officer know on-scene that the other driver is uninsured. This information will be included in the police report, which may help you later when dealing with your insurance company.

Step 3: Gather Proper Evidence/Witness Information

This step is highly important for making a thorough case in your favor. Take photos of everything, whether that be the vehicle’s damage or your own injuries.

Even though the other driver is uninsured, insist on taking down their contact details (and their vehicle information). If there are any other witnesses to the accident present, collect their details as well.

Step 4: Contact Your Own Insurance

As soon as possible, alert your insurance company that the accident has occurred. Provide them with all relevant details, including the police report number and information about the uninsured driver.

This is the ideal time to ask your insurer about your coverage options for this type of accident, whether they be PIP, collision, or UM/UIM insurance.

Step 5: Seek Medical Attention, Even for Minor Injuries

The truth is that not all accident-related injuries will be immediately apparent. Seeking medical attention soon after the accident can help identify issues like whiplash or internal injuries.

Keep detailed records of your medical visits, treatments, and expenses. This documentation will be important for your insurance claim and any potential legal action.

Approaching a Personal Injury Lawyer

If the accident was minor, your first question is probably going to be whether or not it’s even worth the trouble of pursuing legal recourse. The truth is, many uninsured drivers lack the financial resources to pay for the damages they cause, making it difficult to recover compensation.

Even if you win a lawsuit, collecting on the judgment can be challenging. The uninsured driver may not have the assets to pay, and wage garnishment or liens on property are only effective if the driver has a stable income or valuable assets.

This is where a personal injury lawyer comes in. A team like ours can help you assess the feasibility of suing the uninsured driver, evaluate the likelihood of recovering compensation, and advise you on the best legal strategy.

More Questions? Our Team Has You Covered

Dealing with the aftermath of an accident with an uninsured driver can be overwhelming. There are many legal complexities involved, and without professional help, you could miss out on compensation that you’re entitled to.

Instead of facing this difficult situation alone, a Florida personal injury lawyer will walk you through every step of the process.

At Loutos Law Firm, we have years of experience assisting clients with a range of cases, from uninsured driver accidents to complex personal injury claims. We’ll handle the negotiations with insurance companies, help you file necessary paperwork, and represent your interests in court.

We know speaking with a lawyer can feel daunting, so there’s no need to make any commitments right away. Give us a call at 772-617-0811 for a free consultation and some perspective on your story.

Sources:

1. https://www.iii.org/fact-statistic/facts-statistics-uninsured-motorists

2. https://www.flhsmv.gov/insurance/

3. https://www.flhsmv.gov/traffic-crash-reports/