Can I Get an Auto Accident Attorney if I Was Hit by an Uninsured Driver?

If you are injured by another driver’s negligence, it is a complicated matter, but obtaining just compensation is important to your health and well-being. If you are injured by the negligence of another driver who is not insured, the matter is that much more challenging, but obtaining the compensation to which you are entitled is just as critical. Because your recovery is paramount, working closely with an experienced Miami uninsured accident attorney is well-advised. 

Personal Injury Protection

Although there is a bill in play that is intended to end the personal injury protection (PIP) insurance requirement in the State of Florida (according to ABC News), every driver in the state is required to carry PIP insurance for now. Florida is what is a no-fault state when it comes to car accidents, and this means that it doesn’t matter who caused the accident; you will initially seek compensation through your own PIP policy. As such, it does not matter if the driver who leaves you injured is uninsured. A problem, however, arises if your injuries are serious and exceed your PIP coverage (the state’s required minimum of $10,000 is quite low in the face of the serious damages – or losses – you can face in a car accident). 

You Have Options Regarding the Uninsured Driver

If you’ve been seriously injured by another driver, you can seek compensation for the damages that exceed your PIP coverage via his or her liability insurance. If, however, the driver is uninsured, there is obviously a problem with this approach. You do retain the option of filing a lawsuit against the at-fault driver personally. While you may think that if the motorist doesn’t carry adequate car insurance (or any car insurance), he or she must not have the financial means to address your legal damages, this isn’t necessarily the case. In fact, if the motorist has property or other assets, you can seek compensation in the form of a liquidation. Further, the judge may order the uninsured driver to make payments in monthly installments, but this is unlikely to reach the full value of your losses. 

The Damages You Experience

The damages you experience in a serious car accident can be exceptionally high, and each category of loss should be carefully accounted for in your car accident claim. 

Your Medical Bills

The medical bills associated with your car accident can be cascading, and if you have secondary healthcare concerns, it can compound the matter. Consider all the following common medical expenses:

• Emergency care
• Ambulance ride
• Surgical care and aftercare
• Medical care from doctors and specialists
• Medical treatments, tests, and procedures
• Pain management
• Rehabilitation
• Physical therapy 
• Occupational therapy
• Adaptations to home and vehicle
• Home health care
• Adaptive physical devices

Lost Wages

Serious injuries require a considerable amount of time to heal, and during this time, you will very likely experience lost earnings on the job. If the trajectory of your career is altered, the matter is that much more serious, and it can include an emotional component (due to the degree of meaning many of us to attach to our careers). 

Pain and Suffering

No one has to explain to you that car accidents are terrifying, violent events that can cause immense pain and suffering – that can be both physical and emotional in nature. In fact, the effects of this pain and suffering can be among the most difficult obstacles you face. Common symptoms associated with this pain and suffering include:

• Increased anxiety and panic attacks
• Accident flashbacks
• Feelings of hopelessness and other signs of depression
• PTSD-like symptoms (associated with the violence of the accident itself)
• Severe mood swings
• Fear of getting back behind the wheel
• Emotional problems
• A tendency to self-isolate 
• Increased irritability
• Sleep disturbances that can include nightmares, night terrors, and/or insomnia
• Difficulty focusing

Not only are these effects difficult in and of themselves, but they can also serve to push the members of your support group away – just when you could use their help the most. 

Your PIP Coverage

You carry PIP coverage for a reason – to cover you in the event you are injured in a car accident (regardless of fault) – and if you’re injured by an uninsured driver’s negligence, it’s a prime example of why you need the coverage. Further, the State of Florida offers uninsured and underinsured motorist coverage that you very well may carry. In other words, you may be able to seek compensation through your own insurance carrier. While this sounds like this should be a fairly straightforward endeavor, that is not necessarily the case. The fact is that – although you pay your insurance company to cover you in just such a situation – it is in the business of turning massive profits, and it is deft at keeping its settlements low in support of these huge profits. 

The Insurance Company’s Profit-Boosting Tactics

The insurance company has a wide array of profit-boosting tactics at its disposal, including all the following that you should be on the lookout for:

• If the insurance company offers you an early settlement, there is every chance that it is considerably lower than it should be.
• If the insurance company seems to be prolonging the claims process – or making it overly complicated – it probably is. 
• If the insurance company calls your damages into question, it’s very likely up to something. 
• If the insurance company denies your claim outright, you shouldn’t consider it the last word on the matter. 

Turn to an Experienced Miami Uninsured Accident Attorney for the Help You Need

If you have been injured in a car accident that was caused by an uninsured driver, the resourceful Miami uninsured accident attorneys at Iscoe Law Firm recognize the gravity of your situation and are both well prepared and well-positioned to help. Your claim and your recovery are important, so please do not wait to contact or call us at 800-800-6500 today (we’re here to take your call 24/7).