Can You Sue an Uninsured Driver in Florida?
If the driver who hit you doesn’t have insurance, it’s unlikely that they’ll have the money to pay out a settlement. Instead of suing the driver that hit you, you can receive compensation through your own insurance by using both Personal Injury Protection (PIP) and Uninsured/Underinsured Motorist coverage (UM/UIM).
However, if more compensation is required after maxing out your own policy, you may be able to set up a scheduled payment system with the defendant. That way, you get the money that you deserve, and they don’t fall into financial hardship. The payout schedule will depend on your damages and their ability to pay.
How to Receive Compensation When the At-Fault Party is Uninsured
Receiving maximum compensation for your damages when the at-fault party is uninsured can be stressful and complex. Thankfully, our team of attorneys is experienced in recovering damages and will be able to help you get the most money possible.
First and foremost, you’ll be able to receive compensation through your required personal injury protection coverage. You can recover 80% of your medical bills and 60% of your lost wages. If your damages are under $10,000, you’ll be completely covered.
If you only have the base level of coverage and your damages are higher than $10,000, you’ll need to look into other options. If you have Med Pay or Underinsured/Uninsured Motorist Coverage, you can receive payouts from those as well.
But what if you don’t have any additional coverage of your own? Well, your attorney (that’s us!) will be able to look into other avenues for you. Here are a few examples:
- If a defective part was partially at-fault for the accident, you might be able to recover damages from their insurance coverage
- If there was another driver involved in the accident that shared the fault, you might be able to recover damages from their insurance coverage
- If the driver who hit you is a dependent, you may be able to recover compensation from their parent’s insurance coverage.
Damages You Can Recover from Personal Injury Protection Insurance
Personal Injury Protection insurance only covers medical bills, lost wages, and replacement services. Medical bills include:
PIP also covers “replacement services,” which refers to any household services you may have to pay for because of your injuries, such as a maid or shopper. It’s uncommon that you’d claim these damages, but they are included if you have the leftover coverage. Don’t forget to keep track of those expenses!
How to File an Uninsured Motorist Claim
In Florida, you have four years to file a lawsuit after the date of your car accident. If you fail to file within that time frame, the court may throw out your case entirely. To ensure you can recover damages, file your lawsuit as soon as possible.
After your accident, you’ll want to speak with an attorney right away. They’ll be able to speak with the insurance companies on your behalf—so you don’t accidentally damage your case by accepting a small settlement offer or signing away your rights.
We’ll gather evidence and file your uninsured motorist claim for you. We’ll ensure that everything is filed correctly and within the right timeframe. When your insurance company responds with their answer, we’ll negotiate higher. The first settlement offer is almost always too low, but we’ll work hard to make sure you get the most money possible.
If there’s another avenue to go through, like filing against a third party, we’ll take care of that as well. By hiring Osborne & Francis, you’ll have a strong, experienced attorney on your side who’s willing to fight for your claim. Not only that, but you won’t pay us a dime unless we win your case. Even with our fee, we can get you more compensation than you would get without an attorney.
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