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What to Do if You’re Injured in a Florida Car Accident with an Uninsured Driver

Being involved in a car accident is always a stressful and overwhelming experience. However, the situation can become even more complicated if the at-fault driver is uninsured. In Florida, where the rate of uninsured drivers is among the highest in the nation, knowing how to handle this situation is crucial for protecting your rights and securing the compensation you deserve.

At High Stack Law, our experienced Florida car accident lawyers can help you handle this challenging situation. You have options to seek compensation, even if the other driver is uninsured under the right circumstances. We are here to help. 

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Understanding Florida’s Insurance Requirements

In Florida, every registered vehicle is required to have auto insurance coverage to legally operate on the road. The minimum insurance requirements for drivers in Florida are:

  • Personal Injury Protection (PIP): PIP coverage is mandatory in Florida. It covers the policyholder’s medical expenses, lost wages, and other related costs, regardless of who was at fault in the accident.
  • Property Damage Liability (PDL): This coverage pays for damages to another person’s property caused by the policyholder’s negligence, including damage to their vehicle.

Despite these legal requirements, many drivers still choose to ignore them, putting other road users at risk. This makes it more difficult, but not impossible, to get compensation from the negligent driver.

Filing a Claim with Your Insurance

Florida is a no-fault state, meaning your own insurance company should pay the majority of your auto accident claim, up to a $10,000 limit. For serious accidents, however, your costs could quickly go over the PIP $10,000 limit. When this is the case, ordinarily you would seek compensation from the other driver’s insurance provider.

When this is not possible, you can seek further coverage from your own provider in many circumstances. Many policies cover uninsured or underinsured drivers, so you can make a proper claim and still get compensated. If your own insurance company attempts to deny your claim, which is far too common, a Florida car accident attorney can help. 

When PIP Coverage Is Not Enough

PIP insurance coverage is not always sufficient to compensate a victim for their injuries. You may take legal action against the party who caused your injuries if they reach a certain threshold under Florida law. Specifically, you can take legal action if a crash results in any of the following:

  • Substantial, permanent loss of a major bodily function
  • Permanent injuries
  • Permanent, significant scarring or disfigurement
  • Death

Suing an Uninsured Driver

In some circumstances, filing a lawsuit to recover damages from an auto accident is a viable option. If you suffer serious injuries and require extensive medical care, it may be worth the effort to sue in civil court. 

However, you should consider if the uninsured motorist that caused the accident is solvent enough to pay damages. If that person is facing financial hardship, you may need to negotiate a payment schedule that does not put that person into further financial hardship or force them into bankruptcy. Doing so could impact your ability to collect the compensation they owe you.

Tips for Navigating the Legal Process

To increase the likelihood of a successful claim, consider the following tips:

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  • Seek Legal Assistance: Consider consulting with an experienced Florida personal injury attorney to navigate the process.
  • Keep Detailed Records: Maintain detailed records of all relevant financial documents and communication with the other driver.
  • Be Prepared for Negotiation: Be prepared to negotiate and work collaboratively with the other driver if possible.

Get Help with an Uninsured Driver Accident Case in Florida 

Being involved in a car accident with an uninsured driver in Florida can be a frustrating experience. However, by understanding the steps to take and knowing your legal options, you can protect your rights and secure the compensation you deserve. 

Consult the Florida car accident lawyers at High Stack Law for help. Contact us today for a consultation of your case.