What Happens If The Other Driver is Uninsured?

Being injured due to another driver’s recklessness can be frustrating, especially when the driver is uninsured. Unfortunately, the most recent data from the Insurance Information Institute (III) shows that approximately 20.4% of drivers in Florida drive without auto insurance.

Failing to act quickly after an accident with an uninsured driver can lead to your inability to pursue damages for your medical bills, income loss, emotional pain, and other costs related to the crash.

Do PIP Benefits Cover Losses From Uninsured Motorist Accidents?

All drivers in Florida must have $10,000 (minimum) of personal injury protection (PIP) insurance and $10,000 (minimum) of proper damage liability (PDL) insurance. PIP coverage or no-fault auto insurance coverage compensates you for damages you suffered in a motor vehicle crash, regardless of which driver caused it, up to your coverage limits. This means that if you get into a crash with an uninsured driver in Florida, your PIP coverage must cover your losses.

Do You Have Uninsured Motorist Insurance Coverage?

If you have uninsured motorist insurance coverage, you must file a claim with your insurer to seek compensation. Make sure to review your policy because it will include specific details on when you should file your claim, the accidents it covers, and your policy limits. Your insurer will conduct an investigation into the accident to determine whether the crash is covered and how much compensation you should receive.

Can You Sue an Uninsured Driver?

If your insurer denies your claim, you may need to file a claim against the uninsured driver to receive compensation. But most uninsured drivers usually don’t have sufficient funds, hence, no auto insurance, which means that they might not have the means to pay you. In such cases, your lawyer can negotiate a payment schedule with the uninsured driver.

If the driver still refuses or fails to make payments, your Tampa car accident attorney can collect compensation through other means, which can include:

  • Placing a lien on the driver’s non-homestead property
  • Suspending the uninsured driver’s license until they pay the settlement
  • Garnishing the uninsured driver’s wages
  • Garnishing the uninsured driver’s bank account
  • Seizing the driver’s perianal property through a levy

What If The Uninsured Driver Was Driving an Insured Vehicle?

If the vehicle is insured, the vehicle’s insurance policy will extend to accidents with the uninsured driver, which means that you may be able to recover compensation from that policy. This applies unless the driver does not have permission to use the vehicle, has been excluded from the owner’s auto insurance policy, or some other exception applies.

Speak to an Experienced Tampa Car Accident Attorney

The Tampa car accident attorneys at Matthews Injury Law understand the challenges that come with handling an accident that involves an uninsured driver. We can review your case, assess your options for financial recovery, and determine the best way to move forward with your claim. Please call our office at 813-530-1000 or fill out our online form to arrange a free consultation with our Tampa car accident attorney today.

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