Car Accidents Involving Uninsured and Underinsured Motorists
Our Tampa car accident lawyers take your case seriously
Car accidents in Florida often turn into complicated legal cases. And that’s especially true if an uninsured or underinsured driver caused the collision. So, what happens in such situations? Who’s responsible for paying for a car crash caused by an uninsured driver in Florida? And can car accident injury victims file a lawsuit against an uninsured driver?
Fortunately, you don’t have to navigate your way through a sea of red tape on your own. Our Tampa car accident attorneys at Armando Personal Injury Law can help you every step of the way. Our highly skilled lawyers thoroughly understand how Florida’s car insurance system works, including claims involving uninsured or underinsured drivers. That’s why we want to work with you.
Is car insurance required in Florida?
Yes. To register a vehicle and legally drive it in Florida, all drivers must have some form of car insurance, according to the Florida Department of Highway Safety & Motor Vehicles (FLHSMV). Nevertheless, many Florida drivers break the law and drive without insurance. While there are legal penalties for them, that’s not much comfort if you are hit in an accident caused by an uninsured driver.
What is the minimum car insurance required in Florida?
There are only two types of insurance coverage:
- $10,000 in personal injury protection (PIP) coverage, which pays for injury-related medical care and lost wages regardless of who was at fault in the accident.
- $10,000 in property damage liability (PDL) coverage, which pays for vehicle repairs and property damage-related expenses in an accident.
Unlike most states, Florida does not generally require drivers to have bodily injury liability (BIL) insurance coverage unless they have previously been in an accident or convicted of certain traffic violations. So, if you are hit by a driver with the state minimum insurance, you’ve functionally been hit by an uninsured driver, at least as far as the bodily injury portion of your claim is concerned.
What's the difference between uninsured and underinsured?
An uninsured driver is a driver who doesn’t have insurance at all. In contrast, an underinsured driver has some insurance coverage but not enough to cover the full cost of your injuries. An accident caused by an uninsured or underinsured driver can put you in a tough position because there is no insurance coverage available to pay for your injuries. In theory, you can pursue compensation from the at-fault driver’s assets, but in practice, uninsured and underinsured motorists rarely have significant assets in the first place.
Who’s responsible for paying for an accident caused by an uninsured or underinsured driver?
So, what are your options if an uninsured or underinsured driver in Florida caused your car crash? As with any car accident, you need to first file a claim with your own insurance company because of Florida’s no-fault car insurance system. You may receive up to $10,000 in PIP benefits from your own insurance company, regardless of fault.
If you have uninsured and underinsured motorist protection (UM/UIM), then you can file another claim with your own insurance company. Your UM/UIM coverage essentially stands in for the at-fault driver’s liability insurance. Remember, though, that even your own insurance company doesn’t necessarily have your best interests at heart, so you still need an attorney advocating for your rights.
Again, another option is to file a lawsuit against the uninsured driver and seek compensation from their personal funds. Still, this is often impossible in practice because most uninsured drivers lack assets.
But don’t give up hope. In some cases, other funding options may be possible if you were involved in a car crash in Florida caused by an uninsured or underinsured driver. And the best way to learn about those options is to talk to a Florida car accident lawyer.
Why should I hire a Tampa car accident attorney?
Legal issues often arise when car accidents are caused by uninsured or underinsured drivers in Florida. The bottom line is you should be financially compensated for all your accident expenses. But getting the money you actually deserve can be challenging.
This is why our Tampa car accident lawyers at Armando Personal Injury Law want to meet with you as soon as possible. Attorney Armando Edmiston knows how Florida’s car insurance system and legal process work due to years of experience handling such complex cases.
Get a law firm that knows how to deal with insurance companies. Contact us and schedule a free case evaluation with a Tampa car accident attorney you can trust. We can answer your questions, explain your options, and fight for the compensation you deserve.