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What Happens If I Am Hit By An Uninsured Driver In Florida?


A recent news report in the Orlando Sentinel revealed that over 20% of all Florida drivers do not carry insurance. This statistic makes Florida the sixth worst state in insurance coverages. This is a major problem for the residents of Florida. When a driver does not have insurance and causes an accident, it can create a significant hardship for the victim. If you are hit by a driver that does not carry insurance, it will complicate your case. However, you do have options to help protect your rights and receive compensation to pay for your damages.

What Florida Law Says

Florida insurance laws are clear. Every driver is required to carry minimum insurance, or they are in violation of the law. The minimum includes $10,000 in personal injury protection (PIP) and $10,000 in property damage liability (PD/PDL). If you do not carry these minimum coverages, then you are in violation of the law and may face criminal penalties. If you are hit by someone without insurance, they are violating the law. This lawbreaking may help you show fault when you file a claim.

Understanding Your Insurance Policy

The sad reality is, if a driver does not carry insurance, it is likely they do not have the funds to pay for the damages. So your first option is to get coverage from your own insurance policy. First, you will pursue a PIP claim for your medical bills. PIP is a no fault insurance and is designed to pay for medical bills regardless of who was injured. Secondly, most standard auto insurance policies have a type of coverage called “uninsured motorist” (UM). As the name suggests, uninsured motorist coverage is designed to help you pay for the damages if you are hit by an uninsured driver. You will file a claim with your insurance company to pay for the damages.

Filing A Lawsuit Against The Other Driver

If your insurance company denies the claim or your PIP and UM are not adequate to cover all your damages, your next step is to file a lawsuit. Filing a lawsuit against the other person is pretty straightforward. You will present your case to a civil court to receive the money you are owed. In this case, you will want an attorney representing you to ensure that you follow the correct legal procedure. Again, this is not always a great solution to the issue because the other driver most likely does not have much money. However, you may be able to receive some compensation through a lump sum or monthly payment plan.

Working With An Attorney

Unfortunately, after getting hit by an uninsured driver, getting compensation for your injuries can be a real challenge. However, you do not have to fight for your rights alone. A knowledgeable car accident attorney, like the team at Justice Pays. We’ve worked with hundreds of auto accident victims and will fully review all the details of your case. There may be more to the story, including other parties that could be held liable like an auto manufacturer. We’ll also help you explore all the avenues you have to get compensation to pay for your injuries and other damages.

With the numbers of uninsured drivers so high in the state of Florida, we highly recommend you increase your UM insurance coverage. This will help better protect you in the case of an accident. However, if you have already been hit, give us a call at 1-833-954-1234. We’ll do a free case review and let you know if you have other options to get the money you need.

Stephen M. Fernandez developed a strong belief in justice and fairness in public policy while earning his Political Science degree prior to attending law school. Since joining the Florida Bar Association in 2004, Stephen Fernandez has combined his background in public policy, business administration and civil law to serve as a highly effective trial lawyer fighting for Florida's injured, working hard every day to make sure his clients get what they are owed.

What Happens If I Am Hit By An Uninsured Driver In Florida?

Goldman Babboni Fernandez
Murphy & Walsh




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