Alejandro Figueroa | May 31, 2022 | Car Accidents
Being injured in a car accident is traumatic. You might require extensive medical treatment for your injuries. As a result, you experience physical pain, financial losses, and emotional distress.
Florida’s no-fault insurance laws require that accident victims file claims with their PIP (personal injury protection) insurance company after an accident. PIP insurance pays benefits to the insured regardless of who caused the traffic accident.
However, if you sustain serious injuries, you could sue the driver who caused the accident. So, you may wonder how to sue an uninsured driver in Florida. Unfortunately, suing an uninsured driver might not be your best option for recovering damages.
Florida Requires No-Fault Insurance Coverage
No-fault insurance is mandatory in Florida. All vehicle owners must have $10,000 in Personal Injury Protection (PIP) coverage. Therefore, you can file a claim against your PIP insurance if you are involved in an accident with an uninsured driver.
Your PIP insurance compensates you for 80% of your medical bills and 60% of your lost wages. However, $10,000 is not very much money when you sustain serious injuries after an accident. Furthermore, no-fault insurance does not compensate you for your pain and suffering or other damages.
Can I Sue Someone Who Hit My Car Without Insurance?
Unfortunately, Florida does not require drivers to carry liability car insurance. Therefore, many drivers do not purchase liability coverage.
Liability insurance compensates an accident victim for damages caused by the insured driver. Once the accident victim proves that the insured driver caused the car accident, the insurance company should compensate the victim for their economic and non-economic damages.
Of course, if the driver did not have liability insurance coverage, your option is to sue the driver. However, most uninsured drivers have very few assets they can use to pay a judgment. Therefore, even though you sue the driver and win a judgment, you might not be able to collect the judgment.
Therefore, before suing an uninsured driver for damages, it is best to consult a car accident lawyer. An attorney analyzes the case to determine whether it would benefit you to sue the driver. If you cannot recover any money for a judgment, a lawsuit against an uninsured driver might not be the best option.
Filing an Uninsured Motorist Claim With Your Insurance Company
A better option might be to file a claim with your insurance provider under your uninsured motorist clause.
Many drivers in Florida choose to purchase liability insurance to protect themselves in case they are sued because of a car accident. As part of the insurance policy, you can purchase uninsured motorist (UM) insurance coverage.
UM coverage protects you if you are involved in an accident with an uninsured driver or a hit-and-run driver. Your insurance company compensates you for damages as if it were the at-fault driver’s liability insurance company.
However, before you can recover compensation for an uninsured motorist claim, you must prove:
- The other driver caused the car accident;
- The crash resulted in your injuries and damages; and,
- The other driver did not have any insurance coverage for the accident.
If you can prove your case, your insurance company should compensate you for your damages up to your policy limits.
In an uninsured motorist claim, you can receive compensation for your economic damages, such as:
- Past and future medical bills
- Past and future lost wages and benefits
- In-home and long-term nursing care
- Out-of-pocket expenses
- Diminished earning potential
- Personal care and household services
Additionally, you can receive compensation for non-economic damages. These damages include your pain and suffering, diminished quality of life, permanent impairments, and emotional suffering.
Can I Sue My Insurance Company for an Uninsured Motorist Claim?
Your insurance company might fight your claim. For example, the company might claim that you were to blame for the cause of the crash. On the other hand, it could claim that your injuries were not serious, or that you failed to mitigate damages.
If so, you should speak with an injury lawyer about suing your insurance company for failing to pay a valid claim. Furthermore, if your insurance company acted in bad faith by not paying your claim, you could have a second claim against the company for bad faith insurance practices.
What Should I Do After an Accident With an Uninsured Driver in Tampa?
Call 911 to report the car accident and request assistance. It is essential to have an official police report for the traffic accident. The accident report should note that the driver was uninsured.
Seek medical attention for your injuries as soon as possible. You must seek medical care within 14 days of the accident to receive PIP benefits. Therefore, it is best to see a doctor immediately after the accident to document your injuries.
If possible, document the accident scene by making a video with your cell phone and taking photographs. Write down the names and contact numbers of eyewitnesses and bystanders.
Accident claims involving uninsured drivers can be confusing. Seeking legal advice can help protect your right to fair compensation for damages.
Contact Our Car Accident Law Firm in Tampa, FL
If you’ve been injured in an accident in Tampa, FL, and need legal help, contact our Tampa car accident lawyers at Catania & Catania Injury Lawyers to schedule a free consultation.
Catania & Catania Injury Lawyers
Bank of America Plaza
101 E Kennedy Blvd #2400
Tampa, FL 33602
(813) 222-8656
We also provide legal assistance throughout the Tampa Bay Area including Clearwater, St. Petersburg, Sarasota, and Bradenton.
