Representing Car Accident Victims Across Florida
If someone hits you without insurance in Florida, what happens? This is a question that many people ask, and the answer may surprise you. In this blog post, we will discuss the consequences of being hit by an uninsured driver in Florida. We will also talk about what you can do to protect yourself in case of an accident.
Contact The Fran Haasch Law Group today for a free case evaluation if you feel you have been the victim of a car accident through no fault of your own and have questions about if you are covered if an uninsured driver hits you.
Personal Injury Protection (PIP) in Florida
Under Florida law, all drivers must have personal injury protection (PIP) insurance. PIP is also known as “no-fault” insurance. If you are involved in an accident, your own insurance company will pay for your medical bills and lost wages up to a certain amount, regardless of who was at fault for the accident. PIP insurance may also cover passengers in your vehicle injured in an accident.
If an uninsured driver hits you, you may still be able to recover compensation for your injuries through your PIP insurance. However, the coverage you have may be capped to your policy limits. Your benefits will be paid to the provider that treated you.
In addition, if your injuries are serious, you may not be able to recover all of your lost wages through PIP insurance.
Underinsured/Underinsured Motorist Coverage in Florida
Florida does not require drivers to carry uninsured/underinsured motorist coverage (UIM). However, insurance companies are required to offer at least $10,000 bodily injury coverage per person.
UIM coverage protects you if you are involved in an accident with a driver who does not have enough insurance to cover your damages. If you have UIM coverage, your own car insurance coverage will pay for your damages up to the limit of your UIM policy. If you do not have UIM coverage, you may still be able to recover compensation for your injuries through a personal injury lawsuit.
What Does Uninsured/Underinsured Motorist Coverage Pay For?
Your insurance company may pay for your damages up to your policy limit if you have UIM coverage. UIM coverage can help you pay for:
- Medical bills
- Ongoing and long-term medical treatment
- Lost wages
- Lost or reduced earning ability (disability)
- Pain and suffering
It is important to note that UIM/UM coverage does not pay for property damage to your car.
Can You Sue Uninsured or Underinsured Motorists If They Caused a Car Accident?
If an uninsured or underinsured driver hits you, you may be able to sue the at-fault driver. However, because Florida is a no-fault state, you can only sue if your injuries meet a certain threshold. You can sue a driver who caused an accident if:
- Your damages exceed the limit of your PIP coverage
- You suffered permanent injury
When Should I Consider a Florida Car Accident Lawsuit?
If an uninsured or underinsured driver hits you, you may want to consider a personal injury lawsuit if your injuries are serious. A personal injury lawyer can help you determine whether filing a lawsuit is right for you.
Some of the factors that a personal injury lawyer will consider include:
- The severity of your injuries
- The amount of your medical bills
- The amount of time you have missed from work
- The effect your injuries have on your everyday life
If you have been involved in an accident with an uninsured or underinsured driver, contact a personal injury lawyer today to discuss your case. An experienced lawyer can help you recover the compensation you deserve.
Comparative Fault in Florida Car Accidents
In some cases, both drivers may be at fault for an accident. Florida uses a comparative fault system to determine how much each driver is liable for. Under HB 837, Florida switched from a pure comparative fault system to a “greater percentage of fault” system in March 2023. This means that if a party is found to be greater than 50% at fault for their own harm, they are barred from recovering any damages.
If you have been involved in an accident with an uninsured or underinsured driver, contact a personal injury lawyer today to discuss your case. An experienced lawyer can help you recover the compensation you deserve.
Damages You Can Recover in an Uninsured/Underinsured Motorist Accident Claim
If you are hit by an uninsured or underinsured driver and choose to file a lawsuit, you may be able to recover the following damages:
- Medical expenses
- Lost wages
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Punitive damages (in some cases)
What You Can Do To Protect Yourself From Uninsured and Underinsured Drivers
There are a few things you can do to protect yourself from uninsured or underinsured drivers:
- Add UM/UIM coverage to your auto insurance. UM/UIM, coverage will pay for your damages if an uninsured or underinsured driver hits you.
- Carry proof of insurance with you at all times. If you are involved in an accident, the other driver may try to claim that they are not at fault if they cannot produce proof of insurance.
- Do not drive without insurance. If you do not have insurance and are involved in an accident, you will be responsible for paying for all damages.
- Contact an experienced personal injury lawyer to discuss your case if an uninsured driver has hit you. A lawyer can answer any questions you have and help you recover the compensation you deserve.
What Happens If I Don’t Have Uninsured/Underinsured Motorist Coverage in Florida?
If you do not have UM/UIM coverage and you are hit by an uninsured or underinsured driver, you may still be able to recover compensation for your injuries in a lawsuit. However, if the at-fault driver does not have enough money to cover your damages, you may not be able to collect anything from the at-fault driver.
If an underinsured motorist hits you and you do not have UIM/UM coverage, you could be left facing enormous medical bills and other devastating, life-altering damages.
How a Lawyer Can Help You Make Your Case
At The Fran Haasch Law Group, we focus on helping you and your family recover. We pursue personal injury lawsuits and wrongful death claims to obtain full compensation for damages such as pain and suffering, medical expenses, lost earnings, property damage, and more.
With over 21 years of experience, we draw on constant medical research to help clients recover after being injured in auto accidents in Tampa Bay and the surrounding areas. Founding personal injury attorney, Fran Haasch, is a lifetime member of the Multimillion Dollar Advocates Forum and a member of the American Association for Justice, the Florida Justice Association, and the Tampa Bay Trial Lawyers Association.
Our attorneys are skilled and experienced litigators. We are not afraid to take your lawsuit to trial if necessary. No matter how complicated your case, our firm is here to help you navigate the legal process from start to finish.
Contact a Car Accident Lawyers in Florida Today
At The Fran Haasch Law Group, we are committed to fighting for your fair recovery. We strive to help injured individuals and the loved ones of those wrongfully killed secure the full, fair recovery they are owed. We offer dedicated legal representation for car accident victims, motorcycle accident victims, bicycle, Uber and Lyft, and semi-truck accident victims.
If you feel you have been the victim of a car accident through no fault of your own. Our attorneys are prepared to help you navigate the legal process and work toward securing the maximum compensation you are owed. Call (727) 784-8191 or contact us online to get started on receiving maximum compensation for your personal injury case.