If you or a loved one recently suffered injuries in an accident with an uninsured driver, you may be assuming you have to shoulder the financial burden of your medical bills, lost wages, and other expenses on your own. However, this may not be the case.
An uninsured motorist accident lawyer in Palm Bay, FL at the Law Offices of Anidjar & Levine can help you pursue compensation if you suffered injuries in an accident caused by an uninsured driver.
To find out how we can further assist you, call 1-800-747-3733 for a free, no-obligation consultation.
Using Your Personal Injury Protection (PIP) Insurance
Florida follows a no-fault law for car crashes, which means vehicle owners must first turn to their personal injury protection (PIP) policy, also known as “no-fault” insurance, for compensation. PIP insurance provides for:
- 80 percent of your medical bills, including surgery, X-rays, dental, and rehabilitation services
- 60 percent of your lost wages
- Death benefits of $5,000 per individual
Our injury lawyers can help you estimate your financial losses from your accident with an uninsured driver. If your damages exceed your PIP policy limit, we can determine whether you might have any other options.
Using Uninsured Motorist Coverage to Recover Compensation
Uninsured motorist (UM) coverage will be your next avenue to recover compensation. Your UM coverage may pay for your:
- Present and future medical expenses
- Lost wages
- Pain and suffering
After filing a claim to recover your expenses, we can negotiate a fair settlement with your insurance company on your behalf.
UM coverage is optional; however, Florida law requires that you reject the coverage in writing. This means that if you do not remember rejecting coverage, you may have it.
Using UM Coverage in a Hit and Run Accident
Your UM coverage also protects you when a driver causes an accident and flees the scene. In this situation, your insurance company simply treats the accident as though the driver was uninsured.
If you were a victim in a hit and run accident, we can speak with you about using UM insurance to cover your damages.
Using Collision Coverage to Repair Your Car
Your UM and PIP insurances only cover your bodily injuries and do not pay for your car repairs. If you have collision coverage in your insurance policy, this insurance should pay for damages to your car caused by the uninsured motorist.
If you are not sure about using your PIP insurance or UM coverage to pay for damages from your uninsured motorist accident, we can help you determine the best option based on your circumstances. Call the Law Offices of Anidjar & Levine today at 1-800-747-3733 for a free consultation.
Proving Negligence is Key to Recovering Compensation
While you do not need to prove fault to obtain PIP benefits, you will need to if you want to use your UM coverage.
Proving fault requires we establish the following:
- Duty of care: Drivers owe all other road users a duty to drive safely.
- Breach of duty: The uninsured driver failed to uphold this duty (e.g., speeding, driving while distracted or intoxicated, etc.)
- Causation: The breach caused the accident and your injuries.
- Damages: You suffered physical, financial, or emotional damages (e.g., medical bills, lost wages, pain and suffering, etc.)
Before we file your UM claim, we will investigate your injury accident to prove that the uninsured motorist acted negligently and caused the crash.
We may secure evidence that includes:
- Your medical records
- Video footage of the accident
- Photos of your injuries
- Pictures of the accident scene
We will also obtain a police report to prove to your insurer that the other driver did not have insurance.
In some cases, uninsured motorists refuse to identify themselves and leave the scene because they do not want contact with police or an insurance company. If you called the police to report the hit and run, we can use the report to establish the accident.
Pursuing Compensation by Filing a Lawsuit Against the Uninsured Motorist
If your expenses and losses eclipse both your PIP and your UM coverage, you may be able to file a lawsuit against the at-fault driver.
However, even the jury decides in your favor, you have no guarantee that the uninsured driver can afford to pay you for your damages.
Our Uninsured Motorist Lawyer in Palm Bay, FL can discuss whether filing a personal injury lawsuit is a viable option for you to recover compensation.
Contact Our Uninsured Motorist Accident Lawyer in Palm Bay About Your Case
The attorneys at the Law Offices of Anidjar & Levine work on contingency which means you do not pay us unless we recover compensation in your case. Call today to learn more about how a Palm Bay car accident attorney can help you. The initial consultation is free: 1-800-747-3733.