What If Damages Exceed Insurance Coverage After a Florida Car Accident?
Car accidents can have devastating consequences. Often, victims are left dealing with medical expenses, lost wages, and ongoing pain and suffering. Unfortunately, many Florida drivers only carry the minimum insurance mandated by law. If you have filed a Florida car accident claim and have found out that your damages exceed the at-fault driver’s insurance coverage, you may be feeling stressed and unsure of what to do. The good news is that you may still have options. Keep reading!
Why Do Insurance Limits Matter in Florida?
Florida is a no-fault auto insurance state. In Florida, you are required to have Personal Injury Protection (PIP). After you are involved in a car accident, your own insurance company is supposed to cover your medical expenses and a portion of your lost wages, regardless of who is to blame. Florida also requires drivers to carry property damage liability insurance. However, bodily injury liability (BIL) is not mandatory in Florida for most drivers.
While BIL is not mandatory in Florida, it is critical. If another driver causes an accident, their BIL coverage is what compensates the injured party. When an at-fault driver’s coverage is too low, your claim might exceed the policy limits, creating a difference between what you deserve and what the insurance will pay out. The good news, however, is that you may still be able to recover fair compensation even in such a situation.
What Options Do You Have?
If you’ve been involved in an accident and the at-fault driver’s insurance coverage is insufficient, there may be other options that can enable you recover the compensation you deserve, including:
Your Uninsured/Underinsured Motorist Coverage
Among the most common solutions when the at-fault driver has insufficient insurance coverage is pursuing an uninsured motorist claim. If you have uninsured/underinsured motorist (UM/UIM) coverage, you can file a claim with your insurer and seek compensation for, among others:
- Full medical expenses (past and future)
- Full lost wages
- Pain and suffering
- Emotional distress
Filing a Personal Injury Lawsuit Against the At-Fault Driver
Another option is to file a personal injury lawsuit against the at-fault driver personally. However, it is crucial to understand that a lawsuit is only effective if the at-fault driver has sufficient assets or income. If they lack resources, it may be challenging to recover your deserved compensation even if you win your case.
Identify Other Liable Parties
In some car accidents, multiple parties may share liability. If there are other parties to blame for your accident apart from the other driver, it can enable you to recover additional compensation. Additional liable parties in a car accident case may include:
- An employer, if the driver was working at the time
- A manufacturer if a vehicle defect contributed to the accident
- A vehicle owner who knowingly allowed someone negligent to drive the car
The Importance of Legal Guidance
Car accident claims involving insufficient coverage can be complex and contested. A skilled Florida car accident attorney can:
- Review insurance policies
- Identify additional sources of compensation
- Handle negotiations and any legal filings
- Prevent you from settling for far less than your case is worth
Contact Us for Legal Help
If your injuries are serious and the other driver’s insurance is insufficient, our Miami car accident attorneys at The Pendas Law Firm can help you explore all available options and protect your financial future.
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.