Debunking Some Myths About Car Accidents Involving Uninsured Drivers in Florida
Car accidents are stressful and traumatic. Being involved in an accident with an uninsured driver can make an already challenging situation feel hopeless. Unfortunately, it is not uncommon for people to get into accidents with uninsured drivers in Florida. Despite the law requiring motorists to carry insurance, Florida has a high rate of uninsured drivers. Recent research from the Insurance Research Council estimates that about 20% of motorists in Florida do not have insurance.
If you are involved in an accident with an uninsured motorist, it’s vital that you are able to tell the facts from the myths. That way, you can protect your legal rights. In this article, we debunk some of the most common myths about car accidents involving uninsured drivers in Florida.
- You Can’t Recover Compensation if the Other Driver Was Uninsured
One of the most prevalent myths about car accidents involving uninsured motorists in Florida is that in such collisions, it is impossible to recover any compensation. While recovering compensation can be challenging, it is not impossible. First, since Florida is a no-fault insurance state, you can recover compensation through your own Personal Injury Protection (PIP) insurance. This insurance covers medical expenses and lost wages, regardless of who caused the accident, meaning that even if you caused the accident, you can recover compensation.
Secondly, if you have uninsured motorist (UM) coverage, you can pursue further compensation. UM coverage is optional in Florida and it specifically provides coverage if you are involved in an accident with a driver who does not have liability insurance. UM coverage can compensate you for your medical expenses, lost wages, and even non-economic damages, such as pain and suffering, which aren’t covered under PIP.
- You Cannot Sue an Uninsured Driver
Another common myth is that if a driver does not have insurance, you can’t file a legal claim against them. This is false. In Florida, you can file a personal injury lawsuit against a driver even if they don’t have insurance, as long as your injury meets the “serious injury” threshold. Court judgments are not necessarily limited by a driver’s insurance status. If the court finds the other driver at fault, they may be held personally liable for your damages. However, the truth is that often, uninsured drivers don’t have sufficient financial resources to satisfy a court judgment. In such a case, you may not be able to recover the full value of your claim. That is why having UM coverage is vital.
- It’s Not Worth Talking to an Attorney After a Car Accident With an Uninsured Driver
Some people believe that it is a waste of time and money to talk to and hire an attorney after being involved in an accident with an uninsured driver. This is not true. Talking to and hiring an attorney is very crucial when the at-fault motorist is uninsured. An experienced attorney can help you identify potential sources of compensation, help with filing a PIP or UM claim, represent you in negotiations or litigation, and ensure you meet all legal deadlines, including the state’s strict statute of limitations for personal injury lawsuits.
Contact Us for Legal Help
If you’ve been in an accident with an uninsured driver, contact our Miami car accident attorneys at The Pendas Law Firm for legal help.
The Pendas Law Firm also represents clients in the Ocala, Orlando, Tampa, Jacksonville, Bradenton, Daytona Beach, West Palm Beach, Fort Myers, Fort Lauderdale, Naples, and Melbourne areas.
Source:
abcactionnews.com/news/region-hillsborough/nearly-40-percent-of-drivers-are-under-insured-in-florida-second-in-the-nation