You may be able to make a claim with your own PIP insurance provider if you have been injured in an accident and discover the at-fault party does not have car insurance.
The first necessary step after being a part of a car accident is to seek immediate medical attention. Even if you feel as though you are fine, some injuries are masked by the adrenaline rush of a car accident.
In the unfortunate case where you had to be transported to the hospital because you suffered serious injuries, you may be able to pursue legal action above and beyond a car insurance claim.
Understanding More About Florida’s No-Fault Law
Florida follows a no-fault insurance system under FL § 627.7407 that limits the legal action you can take following an accident. However, there is an exception, and that is if you have suffered injuries that meet the serious injury threshold.
Florida’s motor vehicle no-fault law states that injuries meet the threshold if you:
- Suffered permanent injury
- Have a significant and permanent loss of an important bodily function
- Were significantly and permanently scarred or disfigured
- Lost a family member in the car accident
When you or a family member have suffered severe injury to this extent, you now may have the right to file a suit for losses against the at-fault party. It is important to note that doing so means that you have the responsibility to prove that your injuries resulted from the other driver’s negligent or intentional action.
Personal injury protection (PIP) insurance coverage is required in Florida. The minimum coverage for PIP is $10,000, which is the first option for seeking financial recovery after an accident. PIP will pay a percentage of medical bills and lost wages up to the policy limit.
Uninsured motorist bodily injury (UMBI) is a type of coverage that is not required in Florida. However, it is required that you are offered this additional coverage by the insurance provider. If you decided to add this coverage to your policy, you can also draw on this insurance coverage if you suffered a loss in an accident with an uninsured or underinsured motorist.
There is currently no uninsured motorist coverage for property loss available in the state of Florida.
Statute of Limitations for Car Accidents in Florida
FL § 95.11 imposes a deadline to file a lawsuit in civil court known as the statute of limitations. The entire process of a lawsuit, start to finish, could be a lengthy one. It is important that you begin your claim as soon as you are able. Otherwise, you may risk not being able to have your case heard.
The Car Accident Lawyers at the Law Offices of Anidjar & Levine Can Help
Florida car insurance law and the claims process can be very overwhelming when you have suffered injuries and losses in a car accident and the at-fault party does not have car insurance. After all, you and your family should focus on recovering, not the added hassle of the legal process.
At the Law Offices of Anidjar & Levine, we can handle your claim while you focus on healing and providing for your family. We can review your claim, answer all of your burning questions, and provide 24/7 support during the entire process.
We can help you with the insurance paperwork and make sure it gets done correctly the first time to avoid unnecessary delays. Dealing with insurance companies can be complicated. However, we will make sure that you receive a fair and full settlement.
Call the Law Offices of Anidjar & Levine at 1-800-747-3733 for a free, no-risk consultation.