When you are in a car accident with an uninsured driver, a Cape Coral car accident lawyer from the Law Offices of Anidjar & Levine can present your available options and help you determine which are best for your situation.
By calling us, you can take the first steps toward holding at-fault parties accountable for the losses that you have suffered. At the Law Offices of Anidjar & Levine, we stand ready to represent your interests and work to obtain compensation for your injuries from all available sources.
Seeking Coverage for the Costs of Your Injuries
The costs of severe injuries sustained in a car accident can be extensive. These costs can include medical bills, lost wages if you are unable to work, pain and suffering, and if you suffered a permanent impairment, possibly the loss of many aspects of your regular life. If you find yourself in this situation, getting legal advice may be key to getting adequate compensation for your losses.
Due to Florida’s no-fault car insurance system, you can file a claim with your personal injury protection (PIP) policy. Florida Statutes § 627.736 requires drivers to maintain PIP policies with at least $10,000 in coverage for medical and disability expenses arising from bodily injury in a motor vehicle accident. PIP coverage is available for these expenses regardless of who is at fault for the accident.
Filing a Lawsuit Against the Responsible Party
People who drive without insurance in Florida can still be liable for the costs associated with the injuries and damages that they cause in a car accident. Under Florida Statutes § 627.733(4), these drivers are not immune from liability, as they might be under the regular no-fault accident laws. In other words, they may be personally responsible for the costs of the injured parties resulting from the accident, even if they have no insurance to cover it.
Getting a judgment against an uninsured driver in this manner may allow you to seek payment from other assets that the driver may own. If the driver has no other assets or income, however, collecting on a judgment may be challenging.
Uninsured Motorist Coverage
You also may be able to claim compensation under your uninsured motorist insurance policy. This type of coverage is not mandatory, but many drivers do opt to include this coverage when they purchase vehicle insurance.
Proving Your Uninsured Motorist Claim
To successfully file a claim under this type of insurance coverage, you would need evidence to prove that the other driver or otherwise responsible party was at least partially at fault for the accident that caused your injuries. By showing that an uninsured driver was negligent, for instance, disregarding a stop sign and causing a crash, you should be able to file a claim under this type of insurance coverage.
You also must document your losses from the accident. For example, you can gather medical records and bills to prove the extent of your injuries and the costs of treatment. You can obtain employment records showing a loss of income if your injuries prevent you from working. A Cape Coral personal injury lawyer from our firm can assist in ensuring that you have the appropriate evidence to support your claim.
Call the Law Offices of Anidjar & Levine today for a free consultation. We can review your liability policy and explain your coverage options.
Filing Suit
Although insurance companies have a legal duty to act fairly and honestly in paying legally valid claims, insurance companies are in the business of minimizing their liability as much as possible. We can take your case to court if the insurance adjuster refuses to pay you the settlement you deserve.
Statutes of Limitations and Car Accident Claims
The basis of most car accident claims, whether the driver is insured or not, is negligence, or the careless disregard for the safety of others. In many cases, drivers are negligent for causing accidents when they violate traffic rules or other laws, such as driving while impaired.
Florida law places limits on how long injury victims have to file claims based on negligence. Florida Statutes § 95.11 states that injury victims must file all lawsuits arising from negligence against any potentially liable parties in court no later than four years following the date of the accident. While there are a few exceptions to this general rule, failing to meet the statute of limitations can prevent you from recovering any compensation for your losses.
Get Compensation in Uninsured Car Accidents
When you realize that the driver who caused your accident is uninsured, you may fear that you ultimately will be responsible for paying for the costs of your injuries. This responsibility can be overwhelming, especially when you have suffered severe injuries. Fortunately, you do have some options for legal relief in this situation. A Cape Coral uninsured car accident lawyer can assist you in weighing your options and choosing the path that is designed to fully compensate you for your losses.
Call the Law Offices of Anidjar & Levine Today
Contact our offices to learn more about your options. The Law Offices of Anidjar & Levine is here to help you with all claims stemming from your car accident.
We Can Help.
