State no-fault insurance laws in Florida make it easier to recover compensation for minor car accident injuries. Your personal injury protection (PIP) policy should pay for your medical bills and a portion of your lost wages up to the limits of your coverage. If you suffered serious injuries, however, these small polices—often as little as $10,000—are not enough.
For this reason, Florida allows you to file a claim against the driver who caused your crash if you meet the state’s serious injury threshold. When that driver does not carry the mandatory liability insurance, however, this could leave you wondering about your options for compensation. This is where an uninsured motorist accident lawyer in Miami, FL, can help you.
The car accident lawyers from the Law Offices of Anidjar & Levine can help you explore your legal options, and pursue the one that gives you the best chance of a full payout. We will fight for the full value of your economic and non-economic losses. Call us today at 1-800-747-3733 for a free case evaluation.
Damages Available in a Typical Miami Car Accident Case
Unless you suffer serious injuries, your only recoverable damages in most car accidents are the medical benefits and the lost wages available through your own PIP policy. This policy offers plenty of coverage in many accidents and will pay for the cost of a trip to the emergency room, an x-ray, and even casting a broken bone. However, serious injuries can exceed the limits of your PIP coverage in the first few minutes of medical treatment. When this happens, you can qualify to recover compensation for a wide range of damages. This could include:
- Any remaining medical bills;
- Ongoing care costs;
- Rehabilitation and therapy;
- Prescription drug expenses;
- Lost wages;
- Out-of-pocket expenditures;
- Repair or replacement of your car;
- A diminished value claim for your vehicle; and
- Pain and suffering
We generally file a third-party liability auto insurance claim based on the at-fault driver’s insurance policy to recover this compensation. Since the driver who hit you is not insured, however, we will need to explore other options to get money to cover these losses and expenses.
Exploring Your Options for Compensation If the At-Fault Driver Is Uninsured
We will do everything we can to help you recover the money you need and deserve after an accident. If the at-fault driver was uninsured, we will aggressively pursue alternative options to help you cover your damages.
Generally, there are two options we can explore if the at-fault driver did not have insurance and you need additional coverage above and beyond your PIP policy.
Filing a Claim Based on Your Uninsured Motorist Policy
The best option, if available, after a crash with an uninsured motorist is to file a claim based on your own insurance policy—utilizing both your PIP coverage and your uninsured motorist coverage. Your uninsured motorist policy should pay to cover many of the same damages as the at-fault driver’s liability policy would, making this a good option when possible. Our attorneys can examine your auto insurance policy and determine if you have uninsured motorist coverage.
Filing a Personal Injury Lawsuit Against the Liable Driver
Our other option to get the compensation you deserve is to pursue a personal injury lawsuit against the at-fault driver. While this sounds like a great option for holding the driver accountable, getting the money you deserve can be difficult. Because they do not have an insurance policy to back them up, we can only recover the cash or assets the at-fault driver possesses. This may be a viable choice in your case if we have reason to believe the at-fault driver has access to substantial financial resources.
Proving Negligence and Liability to Recover Compensation
Just because a driver is uninsured does not make them automatically liable in your case. We do not get an automatic win simply because they acted irresponsibly. Winning an uninsured motorist claim or a personal injury lawsuit requires us to prove the driver acted negligently and caused your accident. Only then can we hold them liable for the damages you suffered.
To this end, we conduct a full investigation into every accident we handle. We will collect and analyze all possible evidence, and enlist the help of accident reconstruction specialists and other professionals. We will build a strong case on your behalf, showing the motorist caused your accident and is liable for the damages.
This case we put together is especially important if we take your claim to court. However, sometimes an insurance company will deny an uninsured motorist claim, as well. This is why we always complete our investigation before filing a claim.
Time Limits on Filing a Lawsuit Based on Your Accident Losses and Expenses
Under the Florida statute of limitations, you have four years from the date of the accident to file a personal injury lawsuit against the uninsured motorist who caused your crash. Your insurance company may have even shorter deadlines for filing an uninsured motorist claim.
It is important to keep an eye on these deadlines and ensure you do not lose your right to compensation by waiting too long. We recommend contacting us as soon after the accident as possible so we can get started right away.
Contact an Uninsured Motorist Accident Lawyer in Miami Today.
The legal team at the Law Offices of Anidjar & Levine wants to see you get as much compensation for your injuries and damages as possible, even if that means taking the uninsured motorist who caused your crash to court. Call us today for a free case review, and we can help you weigh your options for a fair payout. You can reach our Miami office at 1-800-747-3733.