Thanks to no-fault auto accident laws in Florida, you should have a personal injury protection (PIP) policy that will cover minor to moderate injuries and a limited amount of lost wages after a Fort Lauderdale car accident. This is true no matter who caused the accident or whether the at-fault party carried insurance.
If the negligent driver failed to carry liability auto insurance coverage, however, getting additional compensation above and beyond your PIP policy is more difficult. An uninsured motorist accident lawyer in Fort Lauderdale, FL, can help you pursue this additional compensation.
At the Law Offices of Anidjar & Levine, we can usually help our clients recover this type of additional compensation through an insurance claim if they suffered serious injuries in the crash. When the at-fault driver does not have a liability policy, it complicates this process.
Our car accident lawyers will review your case and help you understand your options for pursuing the compensation you need to cover your losses and expenses. If we believe you have a solid case for recovering money in addition to your PIP coverage, we will handle the entire process for you. Call us today at 1-800-747-3733 for a free case evaluation in Fort Lauderdale.
Damages Available After a Fort Lauderdale Car Accident
When you suffer only minor or moderate injuries in a Florida car accident, your PIP coverage may be your only option for recovering compensation. This policy will pay for:
- A limited amount of non-emergency medical care;
- Emergency medical care up to the policy limits; and
- A portion of lost wages if you missed work because of the accident.
If your injuries meet the state’s serious injury threshold, you can also file a claim for damages based on the at-fault driver’s liability insurance policy. In most cases, this should cover:
- The rest of your medical bills;
- Ongoing care costs;
- Any remaining lost wages;
- Loss of future income and benefits;
- Out-of-pocket expenses related to your injuries;
- Repair or replacement of your vehicle; and
- Pain and suffering
When the motorist who caused your accident does not carry this required policy, however, we will have to explore other options for holding them accountable and getting the compensation you need.
Options for Getting Additional Compensation in a Crash With an Uninsured Motorist
If the driver who hit you failed to carry the required liability auto insurance policy and you suffered serious injuries, there are two options we may use to help you recover additional compensation.
Filing a Claim With Your Uninsured Motorist Coverage
If you carry uninsured motorist coverage, your insurance company should cover many of the damages you suffered in the accident. Florida does not require you to carry this type of insurance policy, but many people have it and are not aware of it. This is because it often comes packaged with bodily injury coverage.
While the Florida statute of limitations gives you four years after the date of your crash to take legal action, your insurance company may have tighter deadlines for filing a claim. For example, if you do not contact your insurer about your accident within a few weeks, you may lose your option to pursue this type of claim. Insurers also use a variety of other tactics to avoid paying an uninsured motorist claim. It is imperative that you call us or take other steps to pursue compensation as soon as possible after your crash.
Filing a Personal Injury Lawsuit Against the At-Fault Driver
If you do not have uninsured motorist coverage or if you still have outstanding expenses beyond your policy limits, we may be able to help you file a successful personal injury lawsuit against the uninsured driver who caused your crash.
When we review your case and explore your options with you, we can discuss if this may be a good option for you. Much of it will depend on the financial standing of the at-fault driver and whether or not we believe we can recover enough to make litigation worthwhile. If we believe the other driver has enough resources to pay for your damages out of pocket, filing a lawsuit might be the best way to recover additional compensation.
Proving Your Case Against the Uninsured Motorist Who Caused Your Crash
No matter which option we pursue in your case, we will need to investigate the accident and prove the uninsured driver caused the crash and your serious injuries. Just because the driver broke state insurance laws does not mean they are liable for the injuries and other damages you suffered. We must show they are responsible for your damages by proving the four elements of negligence:
- They had an obligation to follow all traffic laws and drive in a careful, reasonable way;
- They failed to do this;
- Their actions led directly to the accident and your serious injuries; and
- You suffered financial losses in addition to your physical and emotional injuries.
To establish these elements, we launch a full investigation into your accident. This includes taking a number of steps to ensure we understand exactly how the accident occurred, what caused your injuries, and the full value of your damages. This allows us to approach the insurance company or the judge and jury with a solid case that supports your right to compensation.
Discuss Your Case With an Uninsured Motorist Accident Lawyer in Fort Lauderdale.
If an uninsured driver caused your wreck, the Fort Lauderdale car accident attorneys from the Law Offices of Anidjar & Levine can explain your options for compensation. Call 1-800-747-3733 today for a free case review and consultation.