Being involved in a vehicular collision is a stressful event, especially if you are injured and uninsured. What happens when motorists are driving with no insurance but are not at fault in an accident? Fortunately, being uninsured does not mean you’re immediately at fault in a collision. In fact, you may be owed substantial compensation.
At Long & Jean Legal, we understand that being in a car accident can be traumatizing. We also recognize that you may be worried about asserting your rights if you weren’t carrying motor vehicle coverage at the time of the accident. These issues can put a heavy burden on injury victims, but our legal team is ready to shoulder that burden.
Contact us today for a free consultation.
You Can Still Have a Case in Florida
If you don’t have insurance in Florida, you can still seek damages for the harm you’ve suffered.
Many people are surprised to learn that Personal Injury Protection (PIP) insurance would pay out in both of these situations. PIP is a form of no-fault coverage. As long as a person or someone in their home has a relevant policy, they can seek compensation even if they’re not driving a car themselves.
However, things become a little more complicated when the victim does not have an insurance policy.
How Fault Works, Even without Insurance
Fault is a legal concept related to negligence and wrongful acts. If someone is at fault for a motor vehicle accident, then the insurance status of the victim doesn’t matter much. Negligence is defined as engaging in behaviors — such as doing something or failing to do something — that a reasonable person would not engage in.
If your personal injury attorney can establish negligence by the other driver, a lack of insurance will not stop you from recovering compensation. Outside of negligence, other wrongful acts could leave a driver liable for damages as well. Intentional maliciousness, purposely engaging in reckless behavior, or breaking the law could all leave the defendant on the hook for damages.
If you’re wondering how to file a claim if you don’t have insurance in Florida, your main focus should be the other driver’s insurance company.
The Role of the At-Fault Driver’s Coverage
The role of PIP coverage is to reduce litigation by reimbursing covered policyholders for their losses. If you don’t have insurance, it’s the other driver’s coverage that will come into play. This is also true for insured individuals whose losses exceed $10,000 — the coverage minimum for these policies in Florida.
For those with no insurance but not at fault in a Florida accident, it’s necessary to file a claim with the other driver’s policy provider. In some cases, the insurer will pay out a settlement if it’s clear that their policyholder caused an accident. However, this does not mean they’ll be fair in their offer. In fact, you may end up having to file a lawsuit to secure fair compensation.
Maybe you were on a bicycle and struck by a slow-moving vehicle, or perhaps a tractor-trailer driver hit your car at high speed in a truck accident. Either way, do not assume that your insurance status dictates your rights. Let our law firm review your case and help you decide the right path forward.
Legal Risks of Driving Without Insurance
When speaking to prospective clients, we frequently hear the question, “What happens if I drive without insurance and get hit?” When we’re asked this question, we immediately understand that a person is scared. They’re worried about the consequences they’ll face for driving without coverage.
Yes, there are potential legal penalties. However, none of them are worth throwing away your right to financial recovery.
Fines, Suspensions, and SR-22 Penalties
Driving without insurance coverage can lead to hundreds of dollars in fines, driver’s license suspension, and SR-22 insurance requirements. If officers cite you for a first offense of driving without insurance, you may owe up to $500 in fines. You could also lose your license for up to three years.
If you’re ordered to secure an SR-22 certificate, this could increase your future insurance rates. This certificate essentially lets the state know you have the minimum required coverage moving forward. However, insurers see this as a red flag. That means they’ll charge higher rates. Put simply, the financial implications can be severe.
However, these exist regardless of whether you seek compensation. So, those with no insurance but not at fault in an accident should still speak to a personal injury attorney immediately.
Why You’re Still Protected by Law in Some Cases
In Florida, a person’s own insurance company is supposed to cover their losses. This is the case if damages do not exceed $10,000 and no serious injuries occur. However, it’s understandable that someone might accidentally miss a payment deadline or not have the money to pay their bill. Florida law might still protect you in these situations.
The other driver’s insurance will often kick in to cover your losses. However, this will not immediately grant the right to pursue damages with a lawsuit. You can sue for economic losses, but to sue for additional compensation, you must meet the serious injury threshold. This usually means you’ve suffered permanent injuries or disability, or lost a loved one.
Even without insurance, the law may still be on your side. Let us review your case during a free consultation. We’ll help you decide how to move forward.
What Compensation Might Still Be Available
Without PIP coverage, you’ll always have to go through the other driver’s insurance company for compensation. When this happens, there are different types of financial recovery you may be entitled to. The individual circumstances of your collision will dictate what happens next, but in all cases, you should expect pushback from the insurer.
At Long & Jean, P.A., we’re ready to fight back against insurance company tactics and help you secure the following types of compensation.
Injury Costs, Repairs, and Out-of-Pocket Losses
A person with no insurance but not at fault in an accident can seek damages from the other driver’s insurer. However, there may be limits to their coverage. In a perfect world, the other driver would have both bodily injury liability coverage and property damage liability coverage. If this is the case, you can recover damages for injuries, property repairs, and out-of-pocket losses.
However, bodily injury liability (BIL) coverage is not required. Therefore, you may have to sue the at-fault driver directly. This can make securing compensation difficult, but there may be other ways to seek financial recovery. For instance, a rideshare accident could have multiple liable parties — so compensation may be possible even if a driver doesn’t have BIL coverage.
These are all complex legal matters, so make sure you speak with a personal injury attorney before doing anything.
Surpassing the Serious Injury Threshold
In Florida, you can recover only economic damages in most cases. However, it’s possible to sue for non-economic damages (such as pain and suffering, or emotional distress) if you meet the serious injury threshold. This includes situations where the following occur:
- Significant and permanent loss of an important bodily function
- Permanent injury within a reasonable degree of medical certainty
- Significant and permanent scarring or disfigurement
- Death
If you or a loved one suffers any of these due to a negligent driver, the serious injury threshold has been met. However, this is another situation where insurers will only pay if their policyholder has BIL coverage.
Do not risk your financial security by trusting insurers to be honest with you. Contact us today for a free consultation.
When Compensation May Be Denied
We cannot reiterate enough: driving without insurance does not eliminate your right to compensation. However, there are certain situations where injury victims may be unable to secure financial recovery.
For instance, you’re unlikely to get any money if you cannot prove the other driver was negligent. You’ll also be barred from non-economic damages if you do not meet the serious injury threshold.
Finally, you could lose your right to compensation if you miss important filing deadlines. It’s even possible that your financial recovery could be reduced if you’re partially at fault. These issues can create complications, so always speak with a personal injury lawyer before making decisions.
Insurance Companies Aren’t on Your Side
If you speak with an insurance adjuster, they may sound like they want to help. They’re trained to sound friendly, but in reality, they are not on your side. Their goal is to minimize — or even eliminate — any potential compensation you may be entitled to.
To achieve this goal, they may delay claims and offer low settlements to uninsured individuals. Even worse, they may try to shift blame. This is a common tactic since shared liability in Florida can reduce the compensation an injury victim receives.
There is no scenario where an insurance company will offer a fair settlement from the start. However, having an attorney on your side will let them know that you won’t take this lying down. Let us deal with the insurers while you focus on recovering.
How a Lawyer Can Strengthen Your Case
If you or a loved one suffered significant injuries or faced denied compensation or blame-shifting, it’s time to contact an experienced personal injury attorney. Whether you’re the victim of a motorcycle collision or a massive multi-car wreck, this decision could make or break your case.
Avoiding Mistakes That Cost You Money
One of the biggest advantages of working with a legal professional isn’t what they’ll help you do. It’s what they’ll help you avoid doing. The simplest mistakes can prove disastrous in a personal injury lawsuit. Your lawyer can handle communications with insurers, ensure you don’t miss important deadlines, and protect you from making statements that could harm your case.
Building a Strong Claim With No Policy in Place
Those with no insurance but not at fault in a collision have an uphill battle ahead of them. Identifying sources of compensation can be difficult, and proving negligence becomes more important than ever.
A skilled personal injury lawyer can gather evidence on your behalf, calculate appropriate damages, and help show that the serious injury threshold has been met. More importantly, they can identify all possible sources of compensation.
These sources could include the other driver’s insurance and personal assets, or there may even be other liable parties you may not have considered. Put simply, the value of having a legal professional on your side cannot be overstated.
Don’t Give Up, Our Team Can Help
After involvement in a motor vehicle collision, it’s easy to become overwhelmed and confused. This is especially common among those without insurance coverage. These victims may feel like they did something wrong by even getting behind the wheel.
While uninsured motorists may face fines and license suspension, this has nothing to do with your ability to recover compensation. Do not let negligent drivers or their insurance companies convince you that you’re owed less than you deserve.
Individuals with no insurance but not at fault in a collision have options. At Long & Jean, P.A., we can help you understand them. Contact us today for your free consultation. We’re here to help.
