What to Do When Hit by an Uninsured Driver

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After being injured in an auto accident not of your making, you likely want to seek the compensation you need to get your life back on track. The claims process can be challenging in and of itself, but when the person who struck you was an uninsured driver, the process could become more difficult. 

Fortunately, when you have a qualified personal injury lawyer on your side, you can focus on your recovery while we work to bring the liable party to justice. Continue reading to learn more about the role auto insurance plays in car accidents and how you can go about obtaining the restitution that is rightfully yours.

Florida Insurance Laws

Florida is a no-fault state regarding car accidents and auto insurance. This means two things. One, you must carry personal injury protection (PIP) coverage as part of your auto insurance under the law. The second is you will need to file a claim with your own auto insurance company in order to be compensated for certain losses. Some of these damages you could recover from your own insurer include:

  • Costs of repairing or replacing your vehicle
  • Medical expenses and equipment

But if you’re filing a claim with your own insurer, does being struck by an uninsured driver have any impact on your case? Thankfully, in terms of negotiating with the insurance company, it may not. Your personal injury protection should cover your losses up to the limits of your policy

However, if your losses exceed the limits of your policy. There is only one way to recover full compensation for your losses: filing a civil claim against the liable party—the uninsured driver. 

Recover Your Losses in a Civil Claim

Unfortunately, insurance companies are only obligated to pay out settlements based on the amount of coverage you purchased as part of your auto insurance claim. 

For example, if you had $25,000 worth of PIP coverage on your policy, but your losses were $250,000, then you could only expect to obtain a maximum settlement of $25,000 from the insurance company. The remaining $225,000 would need to be sought after in a civil claim against the uninsured driver and any other liable parties there may be. 

For this reason, you should always be prepared to go to file a lawsuit if you hope to get the most out of your claim. Your lawyer can give you a better idea of what you might expect to see from your civil claim after your initial consultation. 

Get Help from a Car Accident Lawyer

When you have been hit by an uninsured driver and you’re unsure of what steps to take next. Your trusted car accident lawyer at Lopez & Humphries, PA is ready to step in on your behalf and work diligently to win you a maximum settlement or jury award. 

Schedule your free, no-obligation consultation when you fill out the online contact form below or give our office a call at 863-709-8500 so we can get started on your case.