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What To Do If An Uninsured Driver Hits Your Car


Having motor vehicle insurance if you live in Florida isn’t just a good idea, it is the law. Any driver on the road must have current liability insurance coverage. This includes the minimum limits of bodily injury liability for $10,000 per person, $10,000 for property damage, personal injury protection of $10,000, and $20,000 per crash. Even with this law in effect, millions of drivers are on the road without any car insurance.

Four Steps To Take If The Driver Is Uninsured

After an accident, if you discover that the driver does not have insurance, don’t panic. There are some things you can do to protect yourself:

●  Contact The Police: Even if the other driver has insurance, the police should be contacted whenever an accident happens. The office will then file an accident report.

●  Exchange Information: The driver may not have insurance to give you but you still want to get their contact information and the details of the vehicle. Get contact information on anyone who witnessed the accident.

● Collect Evidence: In an accident is often easy to forget pertinent details. The easiest way to get the pertinent information is to use your cell phone to take photos of the vehicle including the make and model and driver’s license plate.

Take photos of the intersection or location of the accident. Note the witness information, time of accident, and the officer’s badge number.

● Never Accept Money Or Bribes: An at fault driver with no car insurance can not only face large fines, but can lose their license. They may try to offer you money to avoid any legal issues. Do not ever accept money from an uninsured motorist.

If your injuries are severe, you should go straight to the hospital. Whether the driver is insured or not, your health is the most important thing. These details can be worked out later.

How Do I Get Compensated If The At Fault Driver Is Uninsured?

You do have some options if you are in an accident with an uninsured motorist. Two of these options are:

● Collect Damages From Your Own Auto Insurance: Because Florida is a “no fault” state, you have the option to obtain payment with your Personal Injury Protection liability.

● Seek Damages From The At Fault Uninsured Driver: As a “no fault” state, this is normally not an option, but as with every rule, there are exceptions.

According to the law, these exceptions include: “Significant and permanent loss of an important bodily function; permanent injury within a reasonable degree of medical probability, other than scarring or disfigurement; significant and permanent scarring or disfigurement; or death.” In addition, “An owner of a motor vehicle who fails to obtain the required insurance at the time of the accident shall have no immunity from tort liability and is personally liable for the payment of PIP benefits”. Always consult with an attorney.

The best way to avoid all this aggravation, stress, and pain of recovery is to prepare ahead of time with uninsured motorist coverage.

Ways To Prepare For Uninsured Motorists

The best way to be prepared is to add additional insurance to your coverage such as:

● Uninsured Motorist: This coverage will “kick in” when you are in an accident with an uninsured driver.

● Underinsured Motorist: Similar to uninsured motorist coverage, it covers the cost difference between your total damages and the other driver’s coverage.

● Collision Coverage: Collision coverage can help you pay for your vehicle when you are in an accident with an uninsured driver or a hit and run driver.

These insurance plans are pretty standard and can help you if you ever in an accident.

Finally, the most important thing to do is to retain the services of a qualified accident attorney. At Justice Pays, our team of auto accident lawyers have nearly a century of experience helping victims of uninsured drivers. We have been able to fight to get them compensation to pay for all their injuries and damages. If you’ve been hit by an uninsured driver and don’t know what to do, give us a call today at one of our many South Florida locations for a free case review to learn how we can help.

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.

What To Do If An Uninsured Driver Hits Your Car

Goldman Babboni Fernandez
Murphy & Walsh




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