Orlando Uninsured Motorist Accident Attorney
Car accidents can be incredibly stressful and overwhelming, especially when they involve an uninsured driver. How will you get compensation if your injuries exceed your insurance limits?
Unfortunately, this is a situation that many drivers in Orlando and throughout Florida have found themselves in. According to the Insurance Research Council (IRC), Florida has one of the highest rates of uninsured drivers in the country, with an estimated 20.4% of drivers lacking insurance.
If you’ve been in an accident with an uninsured driver and are worried about how you’ll pay for medical bills, car repairs, and other expenses, you need guidance from an experienced car accident attorney.
An uninsured motorist accident attorney at JustCallMoe can help you navigate the complex legal system and fight for the compensation you need to recover from your injuries and get back on your feet. Contact us to explore your options..
Florida Car Insurance Requirements
Florida is a no-fault state. This means that in case of an accident, each driver’s injuries and damages are paid by their own insurance company, regardless of who was at fault. Florida drivers are required to carry two types of insurance. These are:
- Personal Injury Protection (PIP): Covers up to $10,000 in medical expenses and lost wages for the driver and passengers, regardless of who was at fault.
- Property Damage Liability (PDL): Covers up to $10,000 for damage to other people’s property.
What Happens if the Other Driver Is Uninsured?
You don’t necessarily have to go back into your pocket to pay for damages if you get involved in an accident with an uninsured driver. You can use the PIP and PDL coverages. In cases you’ve reached the maximum limits of these two covers, there are still other options to explore.
Here are three more coverages you can claim.
Underinsured motorist coverage
Uninsured motorist (UM) coverage can help pay for your damages and injuries if the other driver is uninsured. This coverage can help pay for medical bills, lost wages, pain and suffering, and other damages resulting from the accident.
Underinsured motorist coverage
Underinsured motorist (UIM) coverage can help cover your damages and injuries if the other driver does not have enough insurance to cover all your expenses. This coverage can pay for the difference between the other driver’s insurance coverage and your total damages up to your UIM coverage limit.
As a side note, UM and UIM coverages are not required under Florida law. They are optional but highly recommended. If you didn’t reject these coverages in writing, you probably have them under your insurance. Be sure to check your insurance policy.
Medical Payments coverage
Medical Payments (MedPay) coverage covers the 20 percent of medical bills that your PIP coverage won’t cover. MedPay also pays for additional bills once your insurance coverage reaches its limit. Note that MedPay coverage is also optional in Florida.
Can You Sue an Uninsured Motorist?
Yes, you can sue an uninsured motorist. If your PIP and PDL coverages have reached their limits and you don’t have any other coverages to claim, suing the other driver is usually the next best option.
To successfully sue an uninsured motorist, you need to establish their fault in the accident by proving that they were negligent. Negligence is a legal term that refers to the failure to take reasonable care to prevent harm to others. To prove negligence in Florida, you must show evidence of the following:
- Duty of care: The driver owed you a duty of care to drive safely and avoid causing harm to others on the road.
- Breach of duty: The driver breached this duty of care by driving recklessly, breaking traffic laws, or engaging in other negligent behavior that caused the accident.
- Causation: The breach of duty caused your accident, implying that the accident would not have occurred if the driver had taken reasonable care to prevent it.
- Damages: You suffered damages as a result of the accident. Here’s where you include all the damages you’ve experienced, including physical injuries, emotional distress, and financial losses such as medical bills and lost wages.
If you can prove all of these elements, you may be able to recover compensation for your damages from the uninsured driver.
How Can a Car Accident Attorney Help?
While the aftermath of a car accident can be stressful, especially when it comes to navigating the legal process, consulting an attorney can lift the burden off your shoulders.
JustCallMoe can assist you by:
- Investigating the accident: A car accident attorney can gather evidence to support your claim, including eyewitness testimony, police reports, and medical records. They can also reconstruct the accident scene and prove the other party was negligent.
- Negotiating with insurance companies: Insurance companies may try to settle your claim for less than it is worth. An attorney can help you negotiate with the insurance company to ensure that you receive fair compensation for your damages.
- Exploring all options for compensation: If you have reached your normal insurance limit, an attorney can help look into other coverages that can help cover your damages.
- Representing you in court: If your case goes to court, an attorney can represent you and argue your case before a judge or jury. They will prepare legal briefs and other documents to support your case.
- Providing legal advice and guidance: Working with a car accident attorney will ensure you understand your legal rights and obligations. An attorney will provide guidance throughout the legal process. They can also help you make informed decisions about your case and advise you on how to proceed.
Let an Orlando Attorney Handle Your Motorist Accident Case
If you’ve been involved in a car accident in Orlando and the other driver doesn’t have insurance, you might feel like you’re out of luck. The truth is you do have options. An Orlando uninsured motorist accident attorney can help.
At JustCallMoe, we have seen many car accident cases through our years in practice. We’ll address your case capably and be an advocate for your recovery.
Time is of the essence when it comes to legal action, so don’t delay in seeking the assistance you need. Contact us today.
Uninsured Motorist Claim FAQs
What is the penalty for uninsured motorists in Florida?
The penalty for driving without insurance in Florida can include fines, license suspension, and even vehicle impoundment.
Does someone really need uninsured motorist coverage in Florida if they have collision and comprehensive insurance?
It’s not recommended to reject UM coverage even with other options on your auto insurance policy. Collision insurance pays for vehicle repairs after being hit by an uninsured driver. However, you’ll need to find another source to compensate for your medical expenses, as comprehensive insurance pays for damage not caused by a crash.