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Collecting Damages from an Uninsured Motorist
You never expect a car accident, but they happen frequently, and you should be prepared if you are involved in one. As a further complication, numerous drivers in Florida are uninsured to under insured.
If an accident involves an uninsured driver, you may wonder who will pay for the damage to your car and possible injuries to your passengers and yourself.
Our car accident attorneys at Mickey Keenan Law outline how to collect damages following a collision with an uninsured motorist in Florida.
Florida Law Requires Insurance
To legally drive in Florida, you must carry automobile insurance. Drivers who do not have the required insurance coverage may be subject to paying for damage to your vehicle and medical bills resulting from injuries, as well as facing criminal penalties for failing to carry insurance. The state may revoke or suspend a driver’s license.
All Florida drivers are required to purchase Personal Injury Protection (PIP) insurance with at least $10,000 of coverage.
In Florida, you must have an insurance policy that covers the minimum liability or personal injury protection (PIP) limits, which includes:
- $10,000 per person for bodily injury
- $10,000 for property damage
- $20,000 penalty per crash
PIP is required, although we also recommend uninsured/underinsured motorist (UM) coverage if you are injured in a car accident with a driver who does not carry insurance.
Collecting Damages from Uninsured Motorists
Florida is considered a no-fault insurance state, which means that your coverage will pay for most of your accident claim, up to your limits. Uninsured/Underinsured Motorist coverage, aka UM, can be purchased voluntarily to give drivers more protection.
UM coverage protects you if:
- An at-fault motorist does not carry sufficient liability insurance (the most common scenario)
- You were in a hit and run accident or situation where the driver cannot be identified
When you carry uninsured motorist coverage, should an at-fault driver carry no liability coverage, your uninsured motorist policy pays for your injuries. If the negligent driver has insufficient liability insurance, underinsured motorist coverage will apply. Both types are referred to as UM coverage.
If you have injuries due to an accident with an uninsured motorist, call our attorneys at Mickey Keenan Law. We will work on your behalf to collect payment from the other driver or your insurance company to cover your damages. Call today, (813)871-1300.
Suing an Uninsured Motorist in Florida
We care about those injured by motorists with little or no car insurance; this wasn’t your fault. If you were in an accident with a driver who did not carry proper insurance coverage or is underinsured, it’s understandable you may be worried about your medical costs. Even if you carry UM coverage, your insurance company may unfairly deny or limit compensation for the injuries sustained in the accident.
Remember: if you don’t have uninsured motorist coverage, and the other driver has no bodily injury insurance coverage, the extent of your injuries won’t matter. You will not be able to recover anything from your insurance carrier other than the required PIP coverage for medical expenses and lost wages.
When you carry uninsured motorist coverage, should an at-fault driver carry no liability coverage, your uninsured motorist policy pays for your injuries.
After a car accident isn’t the time to realize you don’t have UM coverage. Sadly without it, there’s little even the most experienced injury attorney can do.
In some circumstances, a viable option is to file a lawsuit to recover damages after an auto accident with an uninsured motorist/at-fault driver. If you have suffered significant injuries and require extensive medical care, it can be advisable to sue in civil court.
Tampa Bay Uninsured Motorist Claims
Florida is notorious for having many uninsured motorists on the road. Many local drivers only carry $10,000 of PIP coverage; having sufficient UM insurance coverage is the only way to make sure that you and your loved ones are fully covered in the event of a car crash. Don’t accept the injuries, medical bills, and lost wages caused by the negligence of an uninsured motorist. Protect yourself by carrying uninsured motorist (UM) coverage to supplement your PIP benefits.
If you have been in an accident with an uninsured or underinsured motorist, contact Mickey Keenan Law for a case evaluation. If you have UM on your policy, we will help you get the settlement that you deserve.
We are ready to help you with your uninsured motorist personal injury claim. Call Mickey Keenan Law at (813) 871-1300 to speak with an attorney today.