All motorists are required by law to carry auto insurance in Florida, but some still drive without it. People who are injured by these motorists can become frustrated and stressed when they do not know how to obtain compensation for their medical costs and other losses.
At Ben Crump Law, PLLC, a Tampa uninsured car accident lawyer can discuss your situation and the legal options you have with you. Call us today at (800) 598-7557 for a free consultation.
Options for Getting Compensation After a Crash with an Uninsured Driver
Personal Injury Protection
Florida follows a “no-fault” system, which means that in the event of a car accident, regardless of who was at fault, each party can file a claim against their auto insurance policies.
For example, even if the uninsured driver was at fault, your personal injury protection (PIP) insurance can pay up to a set amount of your medical expenses and lost wages due to the accident.
However, consider hiring a Tampa uninsured car accident lawyer to help you ensure that your insurer will not shortchange you. Your lawyer can make a detailed account of the accident and prove your injuries and the damages it caused.
Uninsured Motorist Coverage
Uninsured motorist insurance could also stand as the insurance for the liable party and compensate you for your injuries and losses, as the liable driver’s insurer pays you whatever an insured driver would have paid.
In this regard, you can still pursue benefits for your uninsured motorist coverage. If you hire an attorney, they can handle legal issues that can impact the amount of settlement you receive, such as investigating fault, determining your expenses and needs, and demanding settlement based on your available insurance.
Personal Injury Lawsuit
The “no-fault” law in Florida means you cannot file a personal injury claim against the person who caused the accident unless you ended up with severe injuries like permanent scarring, disfigurement, or loss of a bodily function.
Also, even though Florida is a no-fault state, you can still file a lawsuit if your claim exceeds your policy limits. The uninsured driver has no protection from civil liability. If the at-fault driver does not have sufficient financial assets to compensate you for your injuries and losses, you still may have a few other options. For example, you could seek wage garnishment and place a lien on the uninsured driver’s non-homestead property.
You may have to prove, however, that the other driver was negligent. A third party may also be involved in the collision, such as the driver’s employer or car manufacturer.
For a free legal consultation with a uninsured car accidents lawyer serving Tampa, call (800) 598-7557
How to Prove Who Is “At Fault” in a Tampa Car Accident
According to the Florida Bar, Florida is a comparative fault state, which means that if you are partially responsible for the accident, you can only recover damages up to a corresponding percentage. For example, if you are 40% responsible for the accident, you may receive compensation for up to 60% of your total damages.
To successfully make a legal claim for damages caused by an uninsured driver, the plaintiff must prove that the other driver involved had a duty of care that they had breached. You then have to show that this breach of the duty of care was the cause of the accident and that you had suffered real damage or harm.
Filing a claim against an insurance company and suing the uninsured driver or third parties involved could be a complicated process. Working with an uninsured car accident lawyer who can provide guidance during this stressful time can be useful.
We can help you fight for compensation as you deal with the pain and trauma of injuries or the loss of a loved one. Get in touch with Ben Crump Law, PLLC to better understand your case and schedule your consultation with a Tampa uninsured car accident lawyer.
Statute of Limitations
Under Florida Statute § 95.11, if you are involved in a car accident in Tampa, Florida, you have to file a report within four years after the accident or two years of wrongful death. However, there can be some exceptions. Some of these include if the victim discovers the injury long after the accident, if the defendant assumes a false identity or if the defendant goes in hiding or is unavailable for the lawsuit.
If this is the case for you, then you may be entitled to an extension. The extension also applies when the plaintiff sustained catastrophic injuries, so they cannot file charges right away.
Still waiting too long to pursue professional legal action could make it difficult to summon witnesses and establish liability, causing you to possibly miss the deadline.
Statutory Damage Caps
There are no caps in Florida when it comes to damage caps on economic or non-economic damages. With the help of your Tampa uninsured car accident lawyer, you can be compensated for the losses and damages that you experienced as a result of the accident or incident leading to the injury.
Tampa Uninsured Car Accident Lawyer Near Me (800) 598-7557
Contact Our Legal Team Today
We can help you fight for you to receive fair and just outcomes. If you or your loved one is a victim of a car accident caused by an uninsured driver, we are here to provide you with support and guidance throughout your case.
At Ben Crump Law, PLLC, you can count on a Tampa uninsured car accident lawyer to help you obtain the compensation you deserve. Call our office today at (800) 598-7557 for a free consultation and discover your legal options. Our team will pursue compensation for you at no cost to you unless you receive a settlement.