According to recent data, Florida has the highest percentage of uninsured drivers of any state, with over 25% of drivers being uninsured. If you are in a car accident caused by an uninsured motorist, you have several options to cover your expenses, starting with your own insurance.
Florida Insurance
Florida law requires that all vehicles be insured by a minimum of $10,000 personal injury protection (PIP) and $10,000 property damage liability (PDL). These two coverages provide some financial compensation for expenses related to your physical injuries and any damage you cause to another car or other property.
If you have been in an automobile accident in Florida, you must be seen by an approved medical provider within 14 days of the accident to receive compensation from PIP, which provides the following coverage, up to a maximum of $10,000 total:
- 80% of reasonable medical costs
- 60% of lost wages
- $5,000 for death benefits
PIP insurance covers you, relatives living in your home, passengers in your vehicle who do not own a vehicle, and those driving your car with your permission.
Unfortunately, sometimes this coverage is insufficient for your medical bills, and covering only 60% of lost wages can be a real hardship. This is why Florida residents should also carry uninsured and underinsured motorist coverage. This coverage can provide compensation if the at-fault driver has no insurance. Uninsured motorist coverage is automatically applied to a Florida policy, but you can reject it in writing. So, unless you formally declined it, you do have at least some uninsured motorist coverage.
If you intend to utilize your uninsured motorist coverage, inform your insurance company immediately. There are strict timelines that must be followed to use this coverage. Let your insurance company know if you are unsure if the other driver has insurance because he or she has refused to give you insurance information.
Suing an uninsured motorist
If you still have unpaid medical bills or expect long-term medical expenses, you may want to sue the uninsured driver. In most cases, uninsured drivers simply don’t have a lot of income. If they did, they would probably have car insurance. But you do not know that until you sue and go through discovery, which would uncover all their assets.
As an experienced personal injury lawyer and Florida resident, I have dealt with many uninsured motorist cases. Sometimes, the uninsured motorist really has nothing, and a lawsuit would be pointless. But other times I have obtained significant awards for those injured by an uninsured motorist. There are a variety of ways to provide payment, for instance:
- Discovering hidden assets through credit checks, asset checks, and employment history
- Having the courts freeze all accounts and assets so that the uninsured driver cannot transfer money or assets to someone else in order to hide it from the court
- Putting a lien on any non-homestead property
- Garnishing wages or bank accounts
- Seizing personal property with a levy
- Requesting the state suspend the uninsured driver’s license until the financial settlement is paid
As a Florida personal injury lawyer, I am committed to helping people injured in our state receive just and fair compensation to help them cope with the injuries they have sustained due to someone else’s negligence. Contact me 24/7 at (954) 448-7288 from anywhere in the state to see how I can help you.