Fort Lauderdale is a proven hotspot for car accidents. According to data compiled by the Florida Department of Highway Safety and Motor Vehicles (FLHSMV), Broward County saw 41,106 motor vehicle crashes in 2019.
Although Florida law requires drivers to carry minimum property damage and personal injury insurance coverage, not every driver does so. If you suffer injuries or damage to your car in an accident caused by a negligent driver who does not have insurance, a Fort Lauderdale uninsured car accident lawyer can help you navigate the uncertainty that comes with it. Call the team at Ben Crump Law, PLLC, today at (800) 598-7557 for a free case review.
Florida Automobile Insurance Requirements
Every state requires drivers to exhibit some financial responsibility before getting behind the wheel in the form of insurance or proof of financial capability. Florida Statutes § 627.736 stipulates that drivers must have a minimum of $10,000 coverage in personal injury protection (PIP), while Florida Statutes § 324.022 mandates $10,000 for property damage coverage.
Notwithstanding these laws, Florida leads the nation with an estimated 26.7 percent of uninsured drivers on the road, according to the Insurance Information Institute (III). This statistic comes from reported accidents where one party made an insurance claim, so the actual number of uninsured drivers could be even higher.
No-Fault Insurance Rules
Florida follows no-fault insurance rules to reduce the number of personal injury lawsuits resulting from car accidents down. However, the stakes are high after a car accident, no matter how harmless it might seem.
Florida Statutes § 316.066 requires law enforcement officers dispatched to the scene of an accident that resulted in property damage, injuries, or death to file a crash report. The report must include information about each driver’s insurance policies. An uninsured driver who cannot present proof of coverage or financial capability will receive a citation for driving without insurance.
If a law enforcement officer does not investigate the accident, the statute still requires drivers to independently report all accidents with $500 or more damage within 10 days.
No-fault insurance takes care of many injuries suffered in an accident, but it does not cover damage to your vehicle. Uninsured drivers can become a considerable burden in more serious accidents that cause significant damage to your car or severe injuries that produce bills exceeding your PIP coverage.
Regardless of the extent of your accident, you might want to contact a Fort Lauderdale uninsured car accident lawyer if the at-fault driver does not have insurance. Call Ben Crump Law, PLLC, today to get started with a free case review from a team member.
For a free legal consultation with a uninsured car accidents lawyer serving Fort Lauderdale, call (800) 598-7557
Legal Options for Florida Accidents With Uninsured Drivers
Because of Florida’s no-fault insurance rules, anyone in a car accident who seeks compensation for injuries will first file a claim through their PIP policy. This is the standard for all car accident claims and does not prevent you from seeking additional compensation.
However, in serious accidents, even drivers with the minimum required amount of insurance may not recover fully with the amount of money available to them from an insurance payout. In other cases, an insurance company with a financial stake in the claim could wrongfully deny your claim. In these cases, you could find it helpful to make a claim against the other drivers.
People who drive without insurance in Florida are not only subject to fines from local law enforcement, but Florida Statutes § 627.733(4) removes their immunity from personal injury lawsuits arising from the accident that the no-fault statute otherwise provides.
This provision can provide relief for accident victims with severe injuries who may not have enough personal insurance to cover the damages. For uninsured at-fault drivers who have other assets, a Fort Lauderdale uninsured car accident lawyer can build a case against them and pursue compensation. Sometimes, uninsured drivers will deny their ability to pay or hide proof of their net worth. A personal injury attorney can investigate the uninsured person’s background to search for hidden assets.
However, if the uninsured driver does not have the ability to pay for your damages, an uninsured car accident lawyer can look into other ways to get the compensation you deserve.
Compensable Damages from Car Accidents
You will need to prove the other driver’s responsibility for the accident and your resulting damages in an uninsured car accident lawsuit. This proof can include police reports, dashcam footage, photos of the accident scene, and eyewitness testimony. A car accident lawyer could also call upon industry experts to provide perspective on the cause of the accident and recovery claims.
You would then need to provide medical bills, pay stubs documenting the income you didn’t receive while recovering from your injuries, and repair invoices that show the financial damages incurred from the accident.
Keep in mind that Florida follows comparative negligence rules for accident damages set by Florida Statutes § 768.81. This statute holds that the court will apportion fault to each liable party and reduce any award for economic and noneconomic damages in proportion to their share of responsibility.
For example, the court might find an uninsured driver responsible for 90 percent of damages in a car accident, leaving the other driver responsible for the remaining 10 percent. If the court awarded the victim $80,000, they would only receive $72,000 (90 percent of the total award).
Fort Lauderdale Uninsured Car Accident Lawyer Near Me (800) 598-7557
Hold Uninsured Drivers Accountable
Florida may be known for its high rate of uninsured drivers, but that does not prevent you from seeking fair compensation for your injuries after an accident. When you get into a crash with an uninsured driver, a Fort Lauderdale uninsured car accident lawyer can help you hold liable parties accountable for the injuries and property damage they caused. Contact the team at Ben Crump Law, PLLC, today at (800) 598-7557 to get started down the road to recovery.