Key Takeaways
- Uninsured drivers currently don't have an auto insurance policy; underinsured drivers have a policy, but its limits are too low to cover losses after a car accident.
- If you've been involved in a crash with an uninsured or underinsured driver in Florida, your own insurance company might cover the cost. Depending on the circumstances, you may be able to sue the driver under Florida personal injury law.
- Working with a reputable attorney can hold the driver accountable and increase your chances of getting fair compensation.
Being in a car accident can be traumatic, even when insurance companies handle all the costs and paperwork. However, things become even more challenging when the driver who caused the crash doesn't have enough insurance — or no coverage at all.
As the cost of living in Florida increases, more motorists are driving with insufficient or non-existent coverage. That means victims like you have to cover some or all of the expenses after a crash. If you're involved in a situation like this, you may wonder how you'll pay for repairs, medical treatment, or other losses. We understand how stressful that can be.
The good news is that the at-fault driver's insurance isn't always the only source of compensation following a car accident. LJ Legal goes into more detail about this topic below, helping you understand your options after an underinsured or uninsured driver accident in Florida.
Uninsured vs. Underinsured Drivers: What’s the Difference?
The difference is pretty simple, really:
Uninsured Drivers
These are motorists who currently don't have an active auto insurance policy for whatever reason. Perhaps they forgot to renew their coverage, can't afford it, or just don't want to pay for it.
It's illegal to drive in Florida without insurance . However, we know that many motorists break the law either intentionally or unintentionally.
Underinsured Drivers
These are motorists who currently have an active auto insurance policy; however, their policy limits are too low to cover all damages after a vehicle crash.
Here's an example: say a driver has $10,000 in coverage, but your total medical expenses are much higher than that. While the driver's insurance company might pay for some of your costs, you could still be left with a huge bill, even though the accident wasn't your fault.
If you've been in an underinsured or uninsured driver accident in Florida, you should talk to a personal injury lawyer as soon as possible. You may be entitled to compensation for what happened to you, helping you cover the cost of medical bills, lost wages, and other losses. LJ Legal, based in Pompano Beach, can hold the at-fault motorist liable (legally responsible for their actions) and fight for justice on your behalf.
Contact us now and schedule a free consultation where you can discuss your case and learn what your next steps might be.
How Car Insurance Typically Works After a Florida Crash
We get that auto insurance can be complicated, especially when you need to make an uninsured or underinsured motorist claim in Florida. So, here's a very brief guide to how everything works.
Florida is a no-fault insurance state. This means that you have to file a claim with your insurance company after a crash, even if you weren't to blame for the accident. Florida is one of only 12 states that require motorists to do things this way.
Our state also requires all motorists to carry certain types of insurance coverage:
Personal Injury Protection (PIP)
This can help you pay for medical treatment, lost wages, and some other specific costs, regardless of who caused the accident. However, it only covers financial losses up to a certain limit. If you have many expenses, you might have to pay them out of pocket.
Liability Insurance
This may also cover medical treatment, lost wages, and other costs, but only if the other driver is at fault for the accident and has a high enough limit to cover your costs. If the driver is underinsured or uninsured, you might be left with huge expenses.
What Happens if the Other Driver Has Little or No Insurance?
This is probably what you want to know the most. When the other driver doesn't have enough insurance (or no policy whatsoever), several things can happen:
Your Insurance Company Can Cover Costs
Depending on your policy, you might have uninsured motorist (UM) or underinsured motorist (UIM) coverage that you're paying for every month. If the other driver has insufficient or no insurance , one of these might kick in, potentially providing funds for medical bills, pain and suffering, and other damages that result from your accident.
You may also be paying for medical payments coverage, better known as MedPay. This can specifically cover any medical costs you have, such as treatment, prescriptions, and ongoing physical therapy.
There's also collision coverage, an add-on most insurance companies offer for an extra monthly fee. It can help you pay for vehicle repairs if needed.
We recommend checking your insurance policy to see what you're actually paying for. You might have UM, UIM, MedPay, and/or collision coverage and have forgotten about it.
You Can Sue the Other Driver
Even if you don't have any of the insurance above, there are still options that help you avoid a huge bill after an underinsured or uninsured driver accident in Florida. Personal injury law allows you to pursue compensation after an accident that wasn't your fault, including car, bike, truck, motorcycle, and even Uber crashes.
Suing someone sounds scary, but the process is actually simple. You can generally file a personal injury claim in Florida within two years of the date of your accident (known as the statute of limitations), which notifies the at-fault driver and their insurance company, if they have one, that you plan to take legal action. The driver must be proven negligent for this to be successful, which means they failed to take reasonable care to prevent you from being injured.
Working with Florida car accident lawyers like LJ Legal makes everything even simpler. We can file your claim for you, negotiate with the other driver's insurer on your behalf, and fight for fair, full compensation that accurately reflects your injuries and all the suffering you've been through.
That said, there may be limitations to suing the at-fault driver. The good news is that most personal injury cases settle before they go to court, so you can probably resolve everything without any stress. The bad news: if your case does end up going to court, you're not guaranteed to get any compensation at all. If the driver couldn't afford insurance in the first place, they might not be able to pay a court judgment, leaving you in a similar situation as the one you're in now.
This is another reason you should consider working with a personal injury attorney like LJ Legal. We might find additional responsible parties to sue, such as a commercial driver's employer or an auto part manufacturer (if the other motorist's vehicle had a defect).
If you sue someone for negligence in Florida, you may be entitled to:
- Economic damages (medical bills, lost wages, etc.)
- Non-economic damages (emotional trauma, pain and suffering, etc.)
- Punitive damages (awarded by the court in rare instances if a driver was particularly negligent or reckless)
Why UM/UIM Coverage Matters So Much in Florida
According to the Insurance Information Institute, Florida is the seventh-highest state with the most underinsured drivers . While no statistics are available on the number of uninsured motorists in the state, we estimate the risk of encountering one is high based on our personal injury experience.
Because of all this, investing in UM/UIM coverage is something you should seriously consider. It's not required by law in Florida, but the additional cost, which can be as little as $5 a month, provides financial protection in the event of a vehicle collision.
For example, an irresponsible, uninsured driver runs a red light and crashes into your vehicle in Pompano Beach. Let's say you end up with $50,000 in medical bills, but your healthcare insurance only covers half of it, leaving you $25,000 in the red. If you have more than $25,000 in UM coverage, your insurer might pay the rest of your medical expenses, meaning you're off the hook.
Now, say an underinsured driver hits your vehicle and causes a serious back injury that prevents you from working for several months. Although they don't have enough insurance to cover your lost wages, a good UIM policy can contribute the remaining amount, leaving you without debt.
A Florida UM/UIM lawyer can negotiate with insurance companies so nothing's left on the table and you get every cent you deserve.
Steps To Take After a Car Crash
What you do after an underinsured or uninsured driver accident in Florida can increase your chances of successfully securing compensation from an insurance company:
- Seek medical attention: Even if your injuries are small, we always recommend seeing a doctor before doing anything else. Plus, your medical records can serve as evidence of what happened during the crash, supporting your claim.
- Collect evidence: If it's safe to do so, gather a lot of evidence at the accident scene, including photos and contact details from any witnesses. This can also strengthen your claim and could make it easier to get compensation quickly.
- Be careful what you tell insurance companies: If the at-fault driver is underinsured, be wary of what information you share with their insurer. They might twist your words or blame you for the accident to delay or deny compensation. We've seen this happen time and time again.
- Speak with a lawyer: The right personal injury lawyer in Florida can provide much-needed legal support and guidance after a car crash. Discuss your uninsured driver accident claim with LJ Legal today.
How a Florida Car Accident Lawyer Helps After an Underinsured/Uninsured Driver Crash
Some of the benefits of hiring a lawyer after an underinsured or uninsured driver accident in Florida include:
- Identifying who's to blame for your accident, such as an at-fault driver with no insurance in Florida
- Reviewing your insurance policy and its fine print
- Identifying any additional coverage that you're paying for
- Collecting evidence that supports your insurance claim
- Negotiating with the at-fault party's insurer so you don't have to
- Taking your case to court, if it comes to that
You might think that working with an attorney is another expense after a car accident . However, our law firm operates on a contingency basis, which means you don't pay any attorney's fees unless we successfully secure compensation for you. In other words: no win, no fee.
Take Action Now
Were you injured in a vehicle collision that wasn't your fault? The sooner you act, the better. In Florida, you generally only have two years from the date of your accident to file a personal injury claim. If you miss this deadline, you could lose out on compensation that's legally yours.
Call (954) 715-2400, or fill in the form on the page to arrange a free case review with LJ Legal.
