A lot of drivers in Fort Lauderdale think full auto insurance coverage means carrying bodily injury liability coverage, which covers others injured in a wreck caused by the policyholder. But that’s not true.
Full coverage in Florida means personal injury protection (PIP) and property damage liability. Florida does not require drivers to carry bodily injury liability in most cases. Bodily injury liability coverage is optional.
If you’re injured in a wreck with a driver who doesn’t carry bodily injury liability coverage, there’s no bodily injury policy to cover your injuries. In those cases, it’s good to carry uninsured motorist (UM) insurance.
Uninsured motorist insurance is an optional coverage that you would add to your policy to cover you if you’re hurt in a wreck caused by a driver who is uninsured or doesn’t carry bodily injury coverage.
Our Fort Lauderdale car accident lawyers at the Law Offices of Anidjar & Levine are well-versed in uninsured motorist coverage. Let us review your case and help you pursue compensation for your losses. Call us now for a free consultation about your case.
Filing a Claim with Your Uninsured Motorist Coverage
Many people expect that after a car accident, they would file a claim with their personal injury protection (PIP) policy to cover a portion of their medical bills and lost wages, and then file a claim against the at-fault driver’s liability coverage to cover their losses, including medical expenses, lost wages, and pain and suffering.
But if the at-fault driver does not have bodily injury liability on their policy, then there’s no liability coverage available to cover their injuries.
Similarly, some drivers lack auto insurance completely, so they too would not have a bodily injury policy against which to file an injury claim. And such situations are not uncommon in Fort Lauderdale, as an estimated 15.9% of motorists in the state are uninsured.
If you carry uninsured motorist (UM) coverage, however, your insurance company should cover many of the losses you suffered in the accident that would normally be covered by the negligent driver’s bodily injury liability policy. Florida does not require drivers to carry uninsured motorist coverage, but some drivers elect to carry it on their policy.
How Uninsured Motorist Coverage Works
Just as you’d normally pursue the negligent driver’s bodily injury liability coverage for your medical bills, lost wages, and pain and suffering, you would file a claim with your uninsured motorist coverage for those damages if the driver lacks coverage.
Further, Florida law allows for UM coverage to be stacked, meaning if you have multiple vehicles on your policy, you can combine their coverage limits for a higher total amount of protection. This coverage is crucial for ensuring financial protection against uninsured drivers.
You will still need to prove another driver caused the accident for your uninsured motorist policy to provide coverage. Our accident attorneys can help you prove the other driver caused your accident and that your case qualifies for coverage under your UM policy.
How Underinsured Motorist Coverage Works
Similar to uninsured motorist coverage, underinsured motorist (UIM) coverage serves as a safeguard for drivers who are involved in accidents with at-fault drivers whose bodily injury liability insurance is insufficient to cover the full extent of damages incurred. Like UM coverage, UIM is an optional coverage that some drivers elect to carry for added protection.
This coverage fills the gap between the at-fault driver’s bodily injury liability limits and the actual costs of medical bills, lost wages, and other losses. Similar to uninsured motorist coverage, UIM can be stacked across multiple vehicles in a policy, enhancing the available protection.
Can I File a PIP Claim If the At-Fault Driver Was Uninsured?
Yes. PIP is a no-fault coverage that all Florida drivers must carry. Regardless of who caused the accident, it provides limited coverage for medical expenses and a portion of your lost wages. So, if a driver lacking bodily injury liability coverage caused your wreck, you can file a PIP claim and also pursue an uninsured motorist claim with your insurance company.
How Can Anidjar & Levine Help After an Accident With an Uninsured Driver?
Your uninsured motorist coverage does not automatically cover your losses if the other driver doesn’t have insurance or lacks bodily injury liability. It’s a fault-based coverage, meaning you’ll have to prove the other driver was at fault for your accident.
Unfortunately, some insurers may use a variety of tactics to avoid paying uninsured motorist claims. Our lawyers are familiar with uninsured motorist coverage and how it works, and we will investigate the accident and prove the other driver caused the crash and your serious injuries. Your uninsured motorist case must prove:
- The other motorist owed you a duty of care, meaning they had an obligation to follow traffic laws and drive in a careful, reasonable manner;
- They breached their duty of care;
- Their negligent actions or inaction led to the accident and your injuries; and
- You suffered losses due to the accident.
To establish these elements, our accident lawyers will launch a full investigation and gather evidence to establish fault. This includes taking several steps to ensure we understand exactly how the accident occurred, what caused your injuries, and the full value of your damages. We may retrieve accident reports, contact eyewitnesses, secure testimony from expert witnesses, and gather photographs or other evidence to prove how the accident occurred.
When you work with our attorneys, expect responsive legal help from start to finish:
- We talk to the insurer on your behalf
- We send you updates throughout the case
- We answer your questions and return all your calls and emails
- We can help you schedule your appointments and get your car fixed
We’ll even give you your attorney’s cell phone number so you’re always plugged into your case and never left wondering what’s going on with your case.
Hiring Our Car Accident Attorneys Costs Nothing Out of Pocket
Our goal is to recover compensation for your injury-related losses. While your medical bills pile up and you miss time from work, we do not want you to worry about paying attorney feels up front. We work on contingency, meaning:
- You do not pay us anything at the beginning of our partnership.
- You only pay our attorney’s fees if we get compensation for you.
- We receive a percentage of the compensation we recover for you.
- We do not charge hourly rates or retainers.
We handle most of our Fort Lauderdale personal injury cases on a contingency-fee basis.
Get Help from an Accident Lawyer in Fort Lauderdale
If an uninsured driver – or one otherwise lacking bodily injury liability coverage – caused your wreck, call us at the Law Offices of Anidjar & Levine. Our car accident lawyers are well-versed in uninsured motorist claims in Fort Lauderdale and can help you explore and pursue your options for recovering compensation.
Call today for a free consultation and learn how we can help you take back control of your life. We Can Help.
We Can Help.
