Florida has a high rate of car accidents. This is one of the reasons that Florida operates under a no-fault insurance system. Under Florida’s no-fault insurance system, a driver must first file a claim with his or her own insurance company to recover compensation following a car accident—regardless of who caused the accident. Florida also requires all drivers to purchase a minimum amount of Personal Injury Protection (PIP) insurance. This insurance compensates drivers for medical bills and lost wages up to a certain amount. Unfortunately, however, some drivers fail to purchase insurance as is required by Florida law. In this article, we discuss car accidents involving uninsured drivers in Florida.
Options Following an Accident with an Uninsured Driver
It can be difficult to obtain financial compensation following an accident with an uninsured driver. However, it is possible, and the method of recovery will depend on the circumstances surrounding the accident. Options that may be available following an accident with an uninsured driver include:
- Suing the driver: Following an accident with an uninsured motorist, one option is to file a lawsuit against the driver. Unfortunately, however, many drivers who choose to drive without insurance do so because they can’t afford it, meaning they also can’t afford to satisfy the judgment in a lawsuit. In other words, many uninsured motorists are “judgment proof.”
- Negotiating with the insurance company: Following an accident, the injured party’s PIP insurer is responsible for paying his or her damages—even if the accident involved a driver without insurance. However, insurance companies often undervalue or deny claims in order to maximize their profits. This can leave injured parties in a bind. Fortunately, with the help of an experienced personal injury attorney, injured parties routinely successfully challenge their insurer’s attempts to deny or undervalue insurance claims.
- Filing a lawsuit against the insurer: Finally, if an injured driver’s insurance company refuses to provide a fair settlement, the driver can file a lawsuit against the insurer to pursue damages in court. If the lawsuit is successful, the driver may be entitled to significant financial compensation.
Contact a Pensacola Personal Injury Lawyer
Cases involving uninsured motorists in Florida can be extremely complicated. Therefore, following an accident with an uninsured driver in Florida, it’s imperative to obtain legal representation. If you’ve been injured in an accident with an uninsured motorist, the knowledgeable and experienced Florida personal injury attorneys of Staples, Ellis + Associates, P.A., are here to help. Located in Pensacola, Florida, Staples, Ellis + Associates, P.A., provides assistance to car accident victims in Northwest Florida and Escambia, Okaloosa, Santa Rosa, and Walton Counties. When you come to us for legal assistance following an accident with an uninsured driver, we will do everything in our power to ensure a successful result in your case. Please contact us today to schedule a free consultation.
Posted in: Auto Accidents, Personal Injury