Orlando Uninsured Motorist Accident Lawyers

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 & Pettis, 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.

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.

What Does Personal Injury Protection Cover?

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. 

What Types of Damages Can You Recover?

You can recover both economic and non-economic damages from PIP and UM/UIM coverage, including but not limited to the following: 

Medical bills, such as:

• Ambulance rides
• Surgery 
• Hospital visits
• Doctors and specialists
• Physical therapy
• Future medical care

Lost wages

Lost earning capacity

Rehabilitation costs

Pain and suffering

Emotional distress

Loss of consortium 

Disfigurement and scarring

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
• Collect evidence
• 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. 

If you have a serious injury, including:

• Traumatic brain injury
• Loss of bodily function or system
• Paralysis 
• Amputation

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 of 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