An estimated 500 car accidents happen across Florida each day. That number is expected to increase due to the high rate of growth occurring throughout the state. Although accidents are scary and often unpredictable, they can be particularly unsettling when you get into a Florida driving without insurance accident. More commonly known as an uninsured motorist accident.
An uninsured motorist is a person who does not have auto insurance or fails to meet the state-required minimum liability for driving on Florida roadways. Under Florida law, every driver must have a valid driver’s license, up-to-date registration, and mandatory auto insurance coverage to be legally permitted on toll highways and local roadways.
Because car accidents remain one of the leading causes of injuries and untimely deaths, a Florida resident driving without insurance jeopardizes the safety of everybody around them. Not only that, it makes getting compensation after a collision much harder. Without proper insurance, you may have to pay out of pocket to cover any medical bills or property damage.
Whether you’re the at-fault party driving without insurance in Florida or an innocent bystander, there are important things to know about Florida accident laws that involve uninsured motorists. The attorneys at Porcaro Law Group are here to answer your questions and detail the different approaches to a Florida driving without insurance accident.
Auto Insurance Rules in Florida
All drivers must have the minimum required car insurance to legally operate a vehicle in the Sunshine State. The minimum car insurance requirement in Florida is $10,000 personal injury protection (PIP) and $10,000 property damage liability (PDL). However, many drivers opt for additional coverage in the event of an accident with an uninsured motorist. Some of these add-ons include comprehensive coverage, uninsured or underinsured motorist coverage, and medical payment coverage.
The consequences for driving without insurance in Florida include license suspension by the Department of Highway Safety and Motor Vehicles (DHSMV), confiscation of your license plate, and potential criminal charges for presenting false proof of auto coverage. These ramifications have an adverse effect on your driving record, which takes years to set right. That being the case, all drivers should always carry the minimum legal requirements for auto insurance coverage in Florida.
What Happens If You Get In An Accident Without Insurance And You’re At Fault?
Florida is a no-fault state, meaning it doesn’t matter who initially caused the accident. All parties involved need to count on their own insurance policy to pay for any repairs. If you are driving without insurance in Florida and get into a vehicular accident, be mindful of the following consequences:
- Lawsuit
- Driver’s license suspension
- Civil penalties
As the at fault driver, you could face a series of repercussions that will impact your quality of life in the years to follow. If you’re in Florida and happen to experience a driving without insurance accident, it’s best to seek legal advice from an experienced personal injury attorney. Due to the severity of most car accident cases, an at fault driver without insurance will need help in reaching a settlement with the afflicted party.
What Happens If You Get Into A Car Accident Without Insurance And You’re Not At-Fault?
Although you may not be to blame for an accident, the aftereffects could leave you with a stack of medical bills and financial burdens down the line. If you get in a car accident without insurance and you’re not at fault, get in touch with legal counsel as soon as possible. With the help of a car accident attorney, you may be able to receive compensation depending on the circumstances surrounding your accident.
In Florida, a driving without insurance accident can put you right in the middle of a difficult situation, particularly financially. If you’re at a loss of what to do and don’t know where to turn, an experienced auto accident attorney can give you the expert advice you need on how to pursue legal damages, if applicable. In some cases, a diminished values claim may be the best course of action.
What Happens If You Get Into A Car Accident With An Uninsured Motorist?
Despite the requirement to uphold minimum coverage, there are many individuals driving without insurance in Florida. In fact, reports show nearly 20% of Florida drivers do not carry the minimum coverage required by the state. An accident with an uninsured motorist is treated the same way as any other Florida accident, except the process of receiving compensation may require a more tactical approach.
First and foremost, you don’t always have to sue the uninsured driver to get the compensation you deserve. Instead, it’s often judicious to sue your own auto insurance provider for denying your right to coverage. This is especially the case if you pay for uninsured motorist coverage and were denied payment. You’ll need the assistance of an experienced personal injury attorney to go against the deep-pocketed insurance companies if you consider this trajectory.
Likewise, if you choose to pursue a lawsuit with the uninsured party, you’ll still need a reputable personal injury attorney to assist with your case. Legal counsel can evaluate your claim in its entirety. That means they will look for any loopholes or key opportunities for winning the compensation you deserve.
If the uninsured motorist has no funds, a judge may request that the claimant pay monthly fees instead. Keep in mind, these amounts are usually minuscule due to the financial restrictions of the uninsured motorist. On the contrary, if the uninsured motorist has liquidable assets, this may be the best approach to obtaining compensation.
When To Consider A Lawsuit For Your Accident
Approximately 40% of car accidents in Florida result in injuries. As a result, you’ll need compensation to pay off any medical bills and lost wages. In normal circumstances, Florida’s no-fault policy allows drivers to count on their personal insurer to cover the damages. An accident with an uninsured motorist is not as simple. Sometimes you’ll need to pursue legal action to get the compensation you deserve.
You have two main options to consider after a car accident with an uninsured motorist. Either sue the responsible driver or seek payment from your auto insurance provider. If you already pay for uninsured motorist coverage, you’re typically entitled to a certain amount of coverage. This payment should cover the repairs or medical bills stemming from a car accident of this nature.
However, there is a possibility that your insurance provider could deny your claim. This forces you to pursue more prudent legal action, which involves filing a lawsuit against your own auto insurance agency. An experienced personal injury attorney can help protect your legal rights through the process. Whether you sue the uninsured motorist or insurance agency, you’ll need a team of experts to have your back.
Working With An Attorney For Your Florida Driving Without Insurance Accident
When you’re involved in a collision with a Florida resident who is driving without insurance, there are certain legal options you can take. While your gut may tell you to sue the uninsured motorist, it’s important to assess the limitations of your lawsuit. A personal injury attorney can do just that while helping you navigate the lawsuit from start to finish.
You should contact a Florida auto accident attorney as soon as possible to set in motion your car accident lawsuit. Unfortunately, these types of claims can be confusing. You’ll need significant attention to detail to ensure you are awarded total damages. With an attorney’s guidance, you don’t have to wonder what happens if you get in an accident without insurance. They’ll walk you through every step of the process and keep your best interested protected at all times.
Contact Porcaro Law for legal guidance
At Porcaro Law Group, our Delray Beach personal injury attorneys understand the ins and outs of Florida law and can help you defend your case. Our team of reputable attorneys have handled countless Florida car accidents claims involving uninsured motorists over the years. While you focus on the recovery, we’ll tackle the intricacies of your case. Our team will look for ways to claim all recoverable damages in your lawsuit.
If you’ve been involved in a car accident without insurance and are not at fault, we are ready to take your case. Our office is centrally located on Linton Blvd. in Delray Beach Florida, just a few minutes form i-95. We handle a variety of personal injury claims for residents of Palm Beach County and the surrounding area.
Contact us for a free case review so we can discuss your legal options right away!
