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Playing The Uninsured Motorist Game Is One That’s Tough To Win

Attempting To Get What You Deserve

When a minor automobile accident occurs, the events that follow are fairly typical. Insurance information is collected, everyone files a claim, damages are paid, and life continues on. When a major automobile accident occurs, things can get tricky. Major property damage and injuries mean that someone deserves compensation.

This is when the injured party should seek the assistance of a personal injury lawyer for assistance. In most cases, arbitration or settlement can get you what you deserve, but if the at-fault party continues to dispute their role, the case could head to trial by jury to determine liability.

If you, as the victim, win your court case, the liable driver (or the liable driver’s insurance company) must pay you the money that you deserve. And if the liable driver doesn’t have auto insurance? Things can only get worse.

Getting Blood Out Of A Stone

Making the decision to seek compensation from the at-fault party is no easy determination. A personal injury lawyer can help you review all of your options to determine if the action is right for you. The truth is, even if you win the lawsuit, you might not be able to recover anything if the other driver has nothing to give. People who drive without auto insurance are likely people who are in financial trouble. Most people without auto insurance in Florida don’t simply “forget” to party their premiums; they just can’t afford the cost. And if they can’t afford a low monthly insurance payment, they aren’t going to be able to afford a high settlement.

As the old saying goes, you can’t get blood out of a stone.

Considering The Assets

If the at-fault party has other assets, there is a possibility that you can still take legal action in some instances. Financial compensation can come from seizing the assets, such as property, of an uninsured motorist. This involves taking legal action directly against the driver, as there is no insurance company to act as a middle man. Again, a personal injury lawyer can assist you as you would have to go after the other driver’s personal finance records and assets. This is a personal decision that some victims are unwilling to make, as it can require putting a family in an unfortunate financial bind. The injuries you have acquired, however, might require you to do so.

Playing The No-Fault Follies

After all is said and done, it’s important to remember that Florida is a no-fault state. This means that some auto accidents, such as the fender-bender types, are best left to your own insurance company. If you chose uninsured / underinsured motorist coverage on your policy, it means that your insurance company will step in and cover your damages and injuries if the other party does not have any insurance.

If, however, your injuries and damages are substantial, you might have a tough time getting all that you deserve from your insurance company. Despite the fact that you’ve paid your premiums on time every month for decades, the insurance company can turn on you. Injuries that cause permanent damages, lost wages, or require extensive treatment can cause your insurance company to dispute the payment. They may not appreciate paying damages on an accident that was not your fault, but they have no right to shirk their legal and binding policy obligations.

This is why it’s important to seek the advice and assistance of a personal injury lawyer if you find yourself involved in an accident with an uninsured or underinsured motorist. The legalities can be just as complex as the injuries you’ve acquired. Don’t wait until you’re in dire straits. Contact the legal team at our offices today.

During his time as a public attorney for the State of Florida, Bernard Walsh developed a passion for defending the legal rights of Florida's citizens. Having seen many people being taken advantage of after being injured and the financial harm that can cause for families he committed himself fully to helping injured clients get justice, by fighting to make greedy insurance companies pay what they owe.

Playing The Uninsured Motorist Game Is One That’s Tough To Win

Goldman Babboni Fernandez
Murphy & Walsh

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