Learning that the driver who caused your accident does not have insurance can be overwhelming. However, it does not necessarily mean you have no options for recovering medical expenses, lost income or other losses.
Here are the steps to consider.
Confirm the Driver’s Insurance Status
Do not rely only on what the driver says at the scene. A police report, insurance investigation or attorney can help determine whether:
- The driver had active coverage
- The vehicle owner had a separate policy
- Another insurance policy may apply
- The driver had insurance but insufficient coverage
Notify Your Insurance Company
Report the accident promptly, even when the other driver was responsible.
Your policy may include coverage for medical expenses, vehicle damage or injuries caused by an uninsured driver. Ask for a complete copy of the policy and declarations page.
Use Your PIP Coverage
Florida requires registered vehicles to carry at least $10,000 in Personal Injury Protection coverage.
PIP may pay a portion of qualifying medical expenses and lost income regardless of who caused the accident. Florida law generally requires initial medical care within 14 days of the crash to qualify for applicable PIP medical benefits.
Check for Uninsured Motorist Coverage
Uninsured Motorist coverage, commonly called UM coverage, may provide compensation when the at-fault driver does not have bodily injury liability insurance.
Underinsured Motorist coverage may apply when the driver has insurance, but the available coverage is insufficient.
Depending on the policy, this coverage may help with:
- Medical expenses
- Lost income
- Future treatment
- Pain and suffering
- Permanent injuries
Florida insurers generally must offer UM coverage with policies that include bodily injury liability coverage, but policyholders can reject it or select lower limits in writing.
Review Other Potential Coverage
Other sources of coverage may include:
- Collision coverage for vehicle damage
- Medical payments coverage
- Health insurance
- Insurance covering a vehicle owner, employer or rideshare company
You may also be able to pursue a claim directly against the driver. However, recovering compensation can be difficult if the driver lacks insurance and personal assets.
Protect Your Claim
After the accident:
- Call law enforcement
- Photograph the vehicles and accident scene
- Collect witness information
- Seek appropriate medical care
- Keep bills, estimates and other records
- Avoid discussing the accident on social media
- Speak with an attorney before signing a release
Do not assume compensation is unavailable until all potential policies and responsible parties have been investigated.
Speak With Hysenlika Law Firm
If you were injured by an uninsured or underinsured driver in Florida, Hysenlika Law Firm can review the accident and help you understand your options.
Call (813) 803-0733 to speak directly with an attorney.
***This article is for general informational purposes and does not constitute legal advice.****
