If the at-fault party does not have insurance, you still have options. After an accident, the first step—after receiving medical attention—should be to file a claim with your insurance company. Under FL § 627.736, you are required to have personal injury protection (PIP) insurance policy that should cover the majority of your losses in cases where the damages and injuries were minor to moderate.
If your injuries were more severe, getting additional compensation beyond your insurance policy can be more challenging. You do, however, have a number of options for recovering compensation, including:
- Collecting on your collision coverage
- Filing an uninsured motorist (UM) claim
- Suing the driver who hit you, personally
These cases can be highly complex, and it can help to speak with an attorney who can explain what your best options may be for recovering compensation. That said, while you may be legally able to pursue a lawsuit against the at-fault driver, it will depend on the driver if he has the available resources to pay for your injuries out of pocket.
For a free legal consultation, call (800) 747-3733
Understanding Your Personal Injury Protection (PIP) Insurance Policy
In the case of minor or moderate injuries, recovering compensation through your PIP insurance provider might be your best option for recovering damages. This process is not always easy, as the insurance company’s objective is to find a way to pay out as little as possible.
If your injuries are severe, you may need the money as quickly as possible. This puts you in a vulnerable position to the insurance company’s tactics and more likely to accept a lowball offer.
A lawyer can help you:
- Gather evidence to build a strong case that supports your claim
- Calculate the total cost of your injuries so you are in a position to negotiate for fair compensation
- Stand up against the insurance company’s lawyers who will understand that you mean business
- Avoid mistakes that could cost you money
We often advise our clients against speaking to the insurance company directly, as they may inadvertently say something that the insurance company could use to justify giving them less compensation.
Understanding Uninsured Motorist (UM) Coverage
Many Florida drivers have uninsured or underinsured motorist coverage, although they may not be aware of it. If you do carry uninsured motorist coverage, your insurance company should cover many of the damages that you have received as a result of the accident.
It is important to note that while FL § 95.11 limits your time to pursue a personal injury claim in court, this does not apply to insurance claims. Your insurance company may have much tighter deadlines. If you wait too long, your insurer may bar you from collecting damages in your accident. Do not delay taking steps to recover compensation after your crash, whether it is hiring an attorney or contacting your insurer directly.
Filing a Personal Injury Claim Against the At-Fault Driver
After reviewing your case, we will determine whether a lawsuit against the at-fault party does not have insurance, directly, is the best option for you. In many cases, whether this is the course we recommend will hinge entirely on whether the at-fault driver has the resources available to compensate you for your injuries and property damage.
If the driver does have the means to compensate you for your losses, this may be the best option for recovering compensation for your losses.
We understand that these cases are often highly complex. A dedicated lawyer can review your case and help you explore what your best options may be for recovering compensation after an accident where the at-fault party does not have car insurance. To speak with a member of our legal team, contact the Law Offices of Anidjar & Levine at 1-800-747-3733.