If you are a driver in Florida, chances are that the person on the road next to you is driving uninsured. According to the Insurance Information Institute (III), Florida leads the nation in the number of uninsured drivers, with a staggering 26.7% in 2015. Approximately one of every four drivers has no car insurance in the state.
If you or a loved one get hurt in an accident with an uninsured driver, you will not be able to claim anything from their insurance company since they do not have one. However, you are not entirely out of options for getting the compensation you deserve.
A Daytona Beach uninsured car accident lawyer can help you navigate the legal process and fight for justice. Call Ben Crump Law, PLLC today at (800) 598-7557 for a free consultation.
Personal Injury Protection Insurance
Florida is a no-fault state, so you would ordinarily file a claim with your own Personal Injury Protection (PIP) insurance after an accident with an uninsured driver. If you have medical bills, your PIP insurance should take care of those to a certain extent. PIP insurance typically also covers any passengers in your car.
Your PIP insurance may also cover some other damages. However, the ceiling of your PIP is typically around $10,000 and insurance companies are very protective of their funds. You may have a battle on your hands trying to secure the maximum amount in a claim—and even if you do, you could still be left with considerable expenses in a serious accident, especially if you suffered life-changing and permanent injuries.
For a free legal consultation with a uninsured car accidents lawyer serving Daytona Beach, call 800-598-7557
Uninsured Motorist Coverage
If you have provision for uninsured or underinsured motorist coverage as part of your insurance policy, you may also be able to receive some compensation for your medical expenses and property damage. However, the ceilings for this type of coverage are similar to PIP insurance and unlikely to help you much if an accident left you severely injured or disabled.
If you want to use the uninsured motorist coverage in your policy, you will need to act quickly. Insurers can limit the time frame for your claim to as little as 30 days, so you will need to file a claim as soon as possible after an accident.
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Negotiating a Settlement
Dealing with insurance companies can be a minefield. They will most likely try to reduce your claim and in some instances, they may even try to get away with paying nothing at all. Many accident victims end up having to take their own insurance company to court. However, a Daytona Beach uninsured car accident lawyer can help with your claim and negotiate for a fair settlement on your behalf.
In addition to your insurance claim, the team at Ben Crump Law, PLLC can also help you file a personal injury lawsuit against the uninsured driver. Contact us today for a free case review.
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Filing a Personal Injury Lawsuit
If an uninsured driver caused your accident, you could potentially sue them with a personal injury lawsuit—although this can be tricky in Florida. Your ability to sue the other driver may be curtailed in no-fault states like Florida. However, you can still potentially sue, particularly if you have suffered life-altering injuries and/or extensive property damage.
To learn more about your legal options, consult with a Daytona Beach uninsured car accident lawyer at your earliest convenience. Florida Statute §95.11 (3) sets a general time limit of four years for personal injury cases, starting with the date of your accident. It takes time to gather evidence and build a case, so do not delay if you are considering filing a personal injury lawsuit.
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Compensation in Uninsured Car Accidents
If you can prove that the uninsured motorist caused your accident and injuries, you could potentially receive compensation for your damages. This may include:
- Medical expenses – You could recover any past, present, and future medical bills related to the accident, including hospitalizations, physical therapy, in-home care visits, medical devices, and any other treatments you require.
- Loss of income – If you suffered serious injuries in the accident, you may be unable to work for an extended period or unable to ever return to work again. You could potentially receive lost wages, future lost wages, and lost earning capacity.
- Pain and suffering – Your physical pain and emotional suffering may be significant if you were hurt badly in the accident. If you had to undergo surgeries and other extensive medical treatments, you could receive compensation for the pain and suffering you endured.
- Property damage – You could recover compensation for any property damage that resulted from the accident. This includes not only the car but any valuable items that were destroyed in the accident, such as laptops, watches, glasses, and other valuables.
- Loss of life enjoyment – Your life may never be the same again after a tragic accident. Activities that you used to enjoy before the accident may be off-limits for you now due to your injuries. You could receive compensation for the reduction in your quality of life.
There are many other types of compensation that you could potentially receive in a lawsuit. However, every accident is different and any compensation will depend on the severity of your injuries. A Daytona Beach uninsured car accident lawyer can assess your damages and calculate a potential settlement amount that takes your individual circumstances into account.
Let Ben Crump Law, PLLC Fight for You
Trying to get compensation for your damages after an accident with an uninsured driver can feel like trying to get blood out of a stone. Uninsured car accidents often present a challenge for the victim as well as their legal team. However, we do not shy away from tough cases and we can help you fight for your rights. If you suffered extensive injuries due to the fault of another driver, they should pay for your damages.
While it can be challenging to obtain a settlement from an uninsured driver, we can investigate all possible avenues to get you the compensation you deserve, including negotiating with insurance companies. Contact Ben Crump Law, PLLC today at (800) 598-7557 to speak with a member of our team.
Call or text 800-598-7557 or complete a Free Case Evaluation form