In Florida, you can recover compensation for your damages even if the at-fault party doesn’t have car insurance. However, the process may still be complex. By working with Osborne & Francis, you won’t have to stress out about your Orlando uninsured motorist accident claim. We’ll be with you every step of the way.
If you’ve been injured by an uninsured motorist in Orlando, Florida, please contact us online or at (561) 293-2600 to discuss your claim.
So you've been in a car accident. What happens next? There are many things that you should do but here are the three most important:
Number One: See a doctor immediately.
A broken bone is easy to see, but some injuries are not. The most common injuries from car accidents happen in the neck, back, or head. The only way to diagnose and treat them is by seeing a doctor. A doctor can help ease the pain, provide medication, reassure you of how your injury may impact your daily life, and tell you what not to do to make it worse.
A visit to the doctor can also give you legally protected time off to recover and rest your body after an accident, and it documents and provides the evidence you may need for your case. Even a five-mile-per-hour car accident can cause a serious injury. So whether you've had a severe accident or a minor collision, see a doctor. And if you don't have medical insurance, let us know and we'll make sure that you receive the proper care.
Number Two: Write everything down.
Even if it seems small, during times of stress or injury it is common to forget the little details. Make sure you keep note of the pain that you're in. With neck, back, and head injuries, sometimes simple activities such as walking up the stairs or picking up a toddler may cause severe pain.
You may not be sleeping well at night. Documenting how much you sleep and how often you wake up due to pain is also very important. And lastly, if you have any cuts or bruises, take daily photos as you heal. This will provide visual evidence of the injuries that you've suffered.
Number Three: Do not speak to an insurance company until you've spoken to a lawyer.
Please understand that the insurance adjuster works for a billion-dollar corporation and not for you. Their interests are solely for their insurance company, and their goal is to provide you with the least amount of financial settlement as quickly as possible. When you do speak with them, remember they will record the conversation. Why do they do this? Because they've been trained to ask questions that may confuse you. So talk to us before you talk to them.
So remember: See a doctor, document everything, and call us before calling the insurance company for your free private consultation. We are here for you. Real tough lawyers fighting real tough issues.
Floridians are Required to Carry $10,000 in Personal Injury Protection Insurance
Personal Injury Protection insurance, or PIP, is generally required in most no-fault states. A no-fault state allows even at-fault parties to recover compensation for their injuries. All drivers are required to carry PIP insurance in the state of Florida.
PIP insurance is required by the state as a way to decrease the number of lawsuits. If your own insurance can cover your injuries, there’s no need to file. While it can and does prevent smaller lawsuits from being filed, the $10,000 coverage doesn’t do enough for most injuries.
On top of that, your own insurance company may still deny your claim, denying you access to your PIP insurance. To ensure that your claim isn’t denied and that you get the maximum amount of compensation, you’ll want to work with an attorney.
Uninsured Motorist Accidents in Florida
While it’s illegal to drive a motor vehicle without insurance, that doesn’t stop some people. Unfortunately, Florida has the sixth highest rate of uninsured drivers throughout the country. In the United States, about 1 in every 8 drivers doesn’t carry insurance.
20.4% of Florida drivers are uninsured. That’s a 1 in 5 chance that you’ll have to pay higher costs out of pocket if you’re involved in a Florida car accident. Out of the 390,669 crashes that occurred in 2020, that’s about 73,576 accidents that involved at least one uninsured motorist.
Personal Injury Protection pays for 80% of your medical bills up to a certain point. $10,000 is the minimum coverage amount and the most common. If you have $10,000 in medical bills, you would be able to claim $8,000 from your PIP.
PIP will also cover 60% of lost wages if you haven’t already met your limit. The amount of PIP coverage you have available depends on how much coverage you choose to purchase with your insurance plan.
Unfortunately, if an injury is deemed a “non-emergency,” you’ll only be able to recover 25% of your damages. Non-emergency injuries are defined as ones that:
don’t cause serious jeopardy to your health,
impairment to bodily function,
or dysfunction if not immediately treated.
It’s important to remember that PIP will only cover injuries treated within 14 days of the accident. You’ll need to seek immediate medical attention after the accident.
Uninsured Motorist Coverage
Uninsured or underinsured motorist coverage (UM/UIM) is an additional type of insurance that you can add to your car insurance plan. UM/UIM is not required in Florida, but it is a good idea to carry this type of insurance in case of an accident. It doesn’t take much for a car accident to cause more than $10,000 in damages, and you’ll be glad to have the extra coverage.
The lowest amount of coverage you can purchase in Florida is $10,000 in bodily injury per person and $20,000 per accident. These numbers increase into the hundreds of thousands.
The amount of compensation you receive will depend on the coverage you have available, including both PIP (minimum of $10,000) and UM/UIM (optional coverage with a minimum of $10,000). Your attorney may be able to help find other compensation options, but more on that later.
How Can an Uninsured Motorist Attorney Help You?
By hiring an uninsured motorist attorney, you’ll feel much more confident knowing that you’re going to get the most compensation for your damages. Your attorney will be able to:
Review your case
Review your insurance policy
Evaluate your damages
Submit your insurance claim
Negotiate a settlement offer
We’ll also be able to help you seek additional damages if your injuries max out your PIP and UM/UIM coverage. Car accident injuries can be expensive, so it’s completely possible that you’ll require more compensation than what you personally have available.
Normally, you would file a lawsuit against the at-fault party to recover additional damages. Unfortunately, if the other driver doesn’t have insurance—there’s no coverage to pay out.
You may be eligible for further compensation. This is referred to as the “serious injury threshold.” Our talented team of attorneys will be able to help you file a claim for mild or serious injuries.
We may also be able to identify other sources of compensation for your damages, for example:
A manufacturer is a defective product contributed to your injuries
A third-party motorist who shares fault for the accident
A family member’s insurance policy, depending on their relationship to the at-fault party
"Best personal injury attorney around, I could not be happier! I was seriously injured in a car accident and Osborne and Francis helped me through the entire process. I was blown away by how knowledgeable the staff and attorneys are at this incredible law firm. I would not hesitate to recommend this law firm to friends and family!"
“I couldn’t have asked for a better lawyer/ firm — everything was done professionally exactly how I wanted. Due to COVID my personal attorney Mr. Garcia was still able to make things work in a timely manner and he never made me feel like he wasn’t working. Overall I’m happy with how my case turned out and I would recommend him and this law firm to anyone. 100% satisfied.”
Quick and fair resolution to a unique case. On advice of my own attorney, I engaged Joseph Osborne of Osborne & Francis of Boca Raton, FL. Mr. Osborne had considerable experience in cases such as mine and the results showed that. Mr. Osborne and his staff were very helpful, kept me up to date, and listened to my input. The settlement was very fair as far as I am concerned.
“Attorneys Greg Francis and Ryan Fletcher at Osborne & Francis Law Firm represented me in my personal injury case.The defendant drew a line in the sand and was adamant on a settlement amount I was almost willing to accept. After the dust settled and the smoke cleared, we settled for 3 times that amount!!! When they say ‘Real Tough Lawyers,’ they mean it.”
Dennis and the other Osborne & Francis staff were amazing! Our case was HUGE and required tender loving care. Everyone on our case did their part by putting all the puzzle pieces together. We were given step by step updates and put at ease when our nerves got the best of us. For every inquiry we made we received a timely response...You are appreciated!
“I am so thankful for EVERYONE, the entire staff at Osborne & Francis Law, for mentoring me through the mediation process with my hip replacement failures. I didn't realize how MUCH pressure they relieved me of by helping me deal with the reality of this traumatic time in my life, as it was OVER so quickly with a positive result. My family is grateful to have their mom HAPPY & FOCUSED on the future, rather than worrying over what happened in the past! FAST FORWARD, we are LIVING LIFE to the fullest once again!”
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Contact Osborne & Francis Today to Seek the Compensation You Deserve
If you or someone you love has been injured in a car accident, money is often one of the most stressful parts of recovery. Hire Osborne & Francis to represent your uninsured motorist case so you can get the most compensation possible from your own coverage and other potential options.
To learn more or schedule a free case evaluation with our team, please contact us online or at (561) 293-2600.
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925 S. Federal Highway, Suite 175 Boca Raton, FL 33432