If you suffered injuries in an accident with a vehicle driven by an uninsured or underinsured motorist, you may be able to file a claim against your own insurance company to recover compensation for your injuries and your property damage under your uninsured or underinsured motorist insurance coverage.
If you or a loved one suffered injuries in an accident with a vehicle driven by an uninsured or underinsured motorist, an uninsured motorist accident lawyer in Jupiter, FL, may be able to help. Call the Law Offices of Anidjar & Levine at 1-800-747-3733 today for a free consultation.
Insurance Requirements for Drivers in Florida
Florida law requires its drivers to carry a minimum of $10,000 of Personal Injury Protection (PIP) coverage and $10,000 Property Damages Liability (PDL) insurance. Drivers can also obtain bodily injury liability insurance and uninsured or underinsured motorist on their vehicles. A personal injury lawyer can help you understand what no-fault insurance means for a car accident.
If you suffer injuries in an accident, your own PIP applies regardless of who is at fault. Your PIP covers 80% of your medical expenses and 60% of your lost wages, but limitations may apply. For example, PIP only pays $2,500 if you have non-emergency medical expenses. PIP also does not cover property damages or compensation for your pain and suffering. You may go outside PIP coverage if you suffer a serious injury.
If the other driver has PDL insurance, you may also be able to recover the cost of having your vehicle repaired or the replacement value of your vehicle.
Accidents Involving an Uninsured or Underinsured Driver
An uninsured driver has no insurance. An underinsured driver has insurance, but it is insufficient to cover your damages. If you are involved in an accident caused by an uninsured or underinsured driver, a lawyer may be able to help you recover the compensation you deserve.
Proving the Uninsured or Underinsured Motorist Was at Fault
The first step to pursuing compensation for your injuries is to demonstrate that uninsured or underinsured motorist was at fault. Our attorneys can show the uninsured or underinsured motorist failed to drive safely or to follow the rules of the road, such as by proving that:
- The driver was not paying attention to the road due to a distraction.
- The driver ran a red light or failed to yield the right of way.
- The driver was speeding or driving too fast for weather conditions.
- The driver was impaired due to the consumption of alcohol, drugs, or medication that caused drowsiness.
Your Options When the At-Fault Party Is an Uninsured or Underinsured Motorist
You have two options when the party causing your accident was an uninsured or underinsured motorist:
- File a personal injury suit against the uninsured or underinsured driver.
- File a claim under your own insurance policy’s provision for uninsured or underinsured motorist coverage.
Filing a suit against the uninsured or underinsured driver may not help you. The driver may not have insurance because he or she has no or few assets. Our attorneys can check the financial situation of the driver or look for hidden assets. Depending on the details of your case, filing a claim under uninsured or underinsured motorist coverage may be the more appropriate option.
Filing an Uninsured or Underinsured Motorist Coverage Claim
When you buy automobile insurance in Florida, your insurance company must offer you uninsured or underinsured motorist coverage. If you decline, your rejection of the coverage must be in writing.
Notifying the Insurance Company of Your Uninsured or Underinsured Motorist Claim
Your insurance policy will require you to notify it within a certain timeframe if you intend to make a claim under your uninsured or underinsured motorist coverage. One of the first things you should do at the accident scene is exchange insurance information. If you go from the accident scene to the hospital, you may not know if the driver has insurance. Our attorneys will investigate and determine the driver’s insurance status.
In the case of an underinsured driver, you may not know immediately whether his or her insurance will be sufficient to cover your injuries. Our attorneys can give you an idea of the value of your claim. We will find out how much insurance is available and help you determine if the driver’s insurance is enough to cover your injuries.
What Your Insurance Company Will Do After You File a Claim
Once you file a claim with your insurance company under your uninsured or underinsured motorist coverage, the insurance company will conduct an investigation. Our attorneys can guide you through the process and help you work with your insurance company to reach a reasonable settlement as soon as possible.
Compensation Under Your Uninsured or Underinsured Motorist Coverage
While the details of every case are unique, examples of compensation you may be entitled to from your uninsured or underinsured motorist coverage include:
- Medical expenses
- Lost wages
- Property damage
You can only receive up to the amount of your policy limits. The coverage does not include damages for pain and suffering or inconvenience.
Inability to Reach Agreement with Your Insurance Company
If you are unable to reach an agreement with your insurance company, your insurance policy will likely contain a provision calling for binding arbitration. That means someone outside the court system, an arbitrator, will hear the claim.
The arbitrator will review the evidence and decide how much you can recover. Our attorneys can guide you through this process and represent you at arbitration. The arbitrator’s decision is final, and you cannot bring a suit in court to challenge their decision.
Call an Uninsured Motorist Lawyer in Jupiter, FL, Today
If you or a loved one suffered an injury in an accident caused by an uninsured or underinsured driver, we may be able to help. Call the Law Offices of Anidjar & Levine at 1-800-747-3733 today for a free consultation.
We Can Help.