Uninsured Motorist Accidents: What to Do
Although Florida laws oblige all drivers to carry insurance, our state has one of the highest percentages of uninsured motorists. Thus, it is quite possible that the negligent driver who hits you does not carry insurance. In this case, you must consult with an experienced Palm City car accident lawyer to identify the best option for recovering damages after an uninsured driver accident.
In this article, we will explain what you need to do to protect your legal rights and what recovery options you have available.
1. Report the Accident to the Police and Your Insurer
You will need a solid paper trail in a case as complex as this one. So, make sure that you do everything by the book from the very first moment. Call 9-1-1 to report the accident to the police and remain at the scene until officers arrive to investigate.
The police officers will ascertain that the other driver is uninsured and note this aspect in the accident report.
At the same time, call or text your insurer at the special number they provide for this situation to report the crash. One of the first recovery options is out of your own insurance coverage. Thus, make sure that you do not delay reporting the crash; otherwise the insurance company may deny your claim.
2. Document the Crash Scene Carefully
After an uninsured driver accident, you may need to go to court to obtain compensation. Therefore, you need as much evidence as possible proving the other driver’s fault. Photos and videos at the crash scene are more effective than any statement.
Aspects such as the positions of the cars, the presence of traffic signals or the absence of skid marks (indicating that the other driver did not apply the brakes) can prove their negligence.
Also, do not forget to look for any eyewitnesses and ask them for a short statement and their contact details.
3. Go to the Nearest Hospital Immediately after the Crash
After the police officers finish investigating the accident, go to the nearest hospital for medical care. Car crashes often cause severe injuries that are not immediately visible, such as internal bleeding, spinal cord injury or traumatic brain injury.
Also, your Palm City car accident lawyer will need to prove that the crash caused your injury. The more you wait after the accident, the more difficult it is to prove causation. Any insurance adjuster will claim that you could have got injured in an unrelated accident after the car crash.
Thus, do not wait until the next day – in fact, do not wait at all. Get medical attention as soon as possible after the crash.
Potential Ways of Recovering Damages after an Uninsured Driver Accident
An experienced lawyer will explore all the possibilities of recovering the maximum compensation for your damages. If the at-fault driver is uninsured, there are three options:
1. Your Own PIP Coverage
Florida drivers must carry Personal Insurance Protection (PIP) coverage. This type of insurance coverage will pay 80% of your medical care costs, but not exceeding the maximum coverage of $10,000.
It is important to note that you cannot claim lost wages, property damage or non-economic damages in a PIP claim.
2. The Optional Uninsured/Underinsured Motorist Coverage
The uninsured/underinsured motorist coverage (UM/UIM) is optional. You are not obliged to purchase it, but your insurance carrier must make you an offer when you sign up for PIP.
Given the fact that nearly 16% of Florida drivers are uninsured, it is good idea to purchase this additional type of insurance coverage. It increases the chances of getting fair compensation after an accident.
3. Filing a Lawsuit against the At-Fault Driver
Finally, under the new comparative negligence statute, there are no special conditions to meet if you want to sue the other driver for damages. However, there is no guarantee that you will actually get the financial compensation.
While some drivers do not carry insurance because they do not care to or forgot to renew their policy, many do not afford it. They may be in debt, making the minimum wage or may be unemployed. Thus, even if you get a court judgment, you won’t be able to collect on it.
Consult with an Experienced Palm City Car Accident Lawyer!
If you were injured in an uninsured driver accident, do not lose hope. An experienced Palm City car accident lawyer will help you identify the best option to recover damages. Even if you plan to file a claim against your own PIP coverage, it does not mean that your claim will be approved without a hassle.
You only get one chance to file a claim for damages, so make sure that you are successful. Call Miami Lawyers 360 to schedule a free case review at 786-686-2857!