Uninsured/Underinsured motorists in Florida amount to over 25% of drivers, making uninsured & underinsured motorist accidents very common in the state. But we’re seeing a huge uptick in our current practice of new auto accident cases where the at-fault driver has either no insurance whatsoever or is terribly underinsured in comparison to the damages and injuries inflicted on our clients. We believe that this is due to inflationary pressures, and other economic factors, as well as the astronomical cost of car insurance in Florida.
If you are in an accident with someone without appropriate insurance, you may be left with medical bills, lost wages, pain and suffering, and other damages. In these situations, a Boca Raton car accident lawyer can help you file a claim against the uninsured/underinsured driver and ensure you get the compensation you deserve.
The Eltringham Law Group’s auto accident lawyers provide legal representation to victims involved in accidents with underinsured drivers. We guide the legal process by first filing a claim with the underinsured at-fault driver’s insurance company (if there is one). Then we negotiate with the insurer to ensure the client gets the compensation they deserve up to the amount of the available policy limits. Our lawyers can investigate the accident to determine liability and gather evidence to support the client’s claim in excess of the available policy limits. Which situation is addressed below.
Start your case today by contacting us.
Florida Car Insurance Requirements
Florida State law on car insurance requires that all drivers carry Property Damage Liability (PDL) coverage of at least $10,000. Surprisingly, however, Florida law does not require drivers to carry bodily injury (BI) coverage for the benefit of the other drivers injured as a result of their negligence and bad driving (unless they’ve had a prior accident). Meaning, they are totally uninsured when it comes to paying for your injuries, medical expenses, lost wages, and pain & suffering.
What Happens If the Other Driver is Uninsured?
If involved in an accident with an uninsured or underinsured driver, one can still claim compensation for the damages through uninsured motorist coverage on your own policy. This optional type of insurance added to the car insurance policy covers medical expenses, lost wages, and other damages resulting from an accident with an uninsured driver.
The minimum amount of uninsured motorist bodily injury coverage in Florida is $10,000 per person and up to $20,000 per accident. If you’re involved in a crash but don’t have uninsured motorist coverage, you may still have other options to pursue compensation but they may be very limited as a practical matter.
In these cases, it’s important to seek the assistance of an experienced uninsured/underinsured motorist accident lawyer. The attorney can guide you through the legal process and fight for the compensation the victim deserves.
Can You Sue Uninsured/Underinsured Motorists?
If involved in an accident with an uninsured motorist in Florida, you may be able to sue them. Some of the available options include:
- Filing a claim against your insurance company for uninsured motorist benefits. This can cover medical bills, lost wages, and any other expenses resulting from the accident.
- Suing the uninsured driver directly. However, it may not be a viable option if the at-fault driver does not have the financial means to pay for damages. This option can be difficult and may require hiring an uninsured motorist accident lawyer to assist with the process.
- The really good news is your insurance rates will not go up when you make a UM claim on your policy because your insurance company figuratively becomes the insurer for the driver that hit you, not you. Your company literally steps into the shoes of the at-fault driver and assumes all the same rights and legal responsibilities to you as that driver would otherwise have if they were properly insured.
You can maximize your chances of winning the case against the uninsured motorist by:
- Helping gather evidence
- Obtaining police reports
- Promptly contacting your insurance company
When speaking with your insurance company, you should be cautious to avoid saying anything that they could use against you.
Ultimately, suing an uninsured motorist can be challenging, but with the proper guidance and preparation, you can seek the compensation you need to recover from your losses.
How Can a Car Accident Attorney Help?
If you are involved in an accident with an uninsured or underinsured motorist, we can help you navigate the legal process and fight for the compensation you deserve.
This may include obtaining medical records, taking witness statements, and investigating the accident scene. Our lawyers can then work with your insurance company to file an uninsured motorist claim, providing coverage for damages and injuries caused by the uninsured driver.
When dealing with uninsured or underinsured motorists in Florida, a car accident attorney reduces stress and saves your time by handling complex legal documents and procedures. By taking the burden off your shoulders and building the case from the ground up, we can help you recover your damages and receive compensation.
Let a Professional Uninsured/Underinsured Motorists Accident Lawyer Help You
Have you or a loved one been involved in an accident with an uninsured motorist in Boca Raton? In that case, seeking legal guidance is important to ensure you receive the compensation you deserve.
Eltringham Law Group can help you explore your legal options and fight for your rights. Our experienced car accident attorneys can assist you in filing a claim against the uninsured driver to help cover your damages. Contact our law firm today for a free consultation and discover your full legal options.
FAQs About Uninsured Motorist Accident Coverage
What are the benefits of uninsured motorist coverage?
Uninsured motorist coverage provides essential protection for victims and can help them receive the compensation they need after an accident with an uninsured or underinsured driver.
Is there a difference between uninsured and underinsured motorist coverage?
Uninsured motorist coverage pays for injuries and damages caused by a driver without liability insurance coverage. In contrast, underinsured motorist coverage helps pay for the costs of an accident when the other driver’s insurance coverage is insufficient to cover the damages.