Skip to Content

A Miami Car Accident Lawyer Protecting the Rights of People Hurt by Uninsured Drivers

Car accidents are never welcome events. However, suppose you are involved in an accident with an uninsured or underinsured driver. In that case, they can quickly become even more complicated. You may feel panicked or burdened over who will pay your expenses and how.

Even though the state of Florida requires strict penalties for drivers who choose not to drive without the minimum required insurance coverages, it doesn’t stop drivers from going without. While this may seem like an easy answer to their financial problems, it can create a nightmare if you are involved in an accident with one. Florida has one of the highest numbers of uninsured drivers in the country. It is number six among states with the most uninsured drivers. Without liability insurance, who will pay for the damage these drivers cause? An experienced Miami uninsured motorist accident attorney can help you determine this answer using the specifics of your case.

Mandated Minimums for Florida Car Insurance

You can’t drive legally in the state of Florida without auto insurance coverage. Without such coverage, drivers who cause an accident could end up paying for the damages they cause to others’ vehicles and their medical bills. They can also face criminal charges for not having auto insurance, including the suspension of their driver’s license. Florida law requires its drivers to have the minimum amounts of liability insurance:

  • $10,000 for property damage
  • $10,000 personal injury protection
  • $0.00 bodily injury coverage.

Obtaining Damages from Uninsured Drivers

Florida is a no-fault state when it comes to motor vehicle collisions. No matter which party caused the accident, your insurance should pay up to $10,000 for your injuries through your personal injury protection coverage (PIP). However, for some injuries, this isn’t enough. If the at-fault driver broke the law by not buying insurance coverage, they’re not protected by the no-fault law. A lawsuit might be a good idea if the accident:

  • Caused significant and permanent physical losses
  • Disrupted a necessary bodily function
  • Caused significant and irreversible scarring
  • Resulted in disfigurement
  • Resulted in death
  • Caused an Impairment according to American Medical Association Guidelines to Permanent Injury, 6th Edition.

If the other driver isn’t insured, likely your only other option to obtain compensation for your damages is to file a personal injury lawsuit.

Depending on the financial status of the other driver, it might be hard to obtain the compensation you deserve. Your Miami uninsured motorist accident attorney can help you attempt to negotiate with the other driver, potentially setting up a payment plan that won’t increase their financial hardship. If that person fails to uphold their end of this settlement, then you can go through the court system to take other actions to secure your compensation. These include:

  • Putting a lien on a non-homestead property
  • Garnishing their wages
  • Garnishing their bank account
  • seizing personal property with a levy
  • Asking the state to suspend the uninsured motorist’s license until the negotiated settlement is completely paid

For underinsured drivers, it will work the same way. Perhaps the person who hit you only  selected a  minimum amount of insurance coverage. If your injuries are severe, the other driver selected, for instance a minimum amount of only $10,000.00 bodily injury coverage.  $10,000.00 might be all there is to go after, and many times, it is not enough to cover your injuries.   You can pursue the driver personally to get the rest of your compensation, or you may choose to release another driver, for $10,000.00 only with your Uninsured Motorists’ permission to waive subrogation, and then proceed against the Uninsured Motorist Coverage.  

Other Options

It’s a good idea to speak with a Miami uninsured motorist accident attorney as soon as possible after your accident. They can help explain any viable options you might have. Suppose you have elected uninsured/underinsured motorist or collision protection on your vehicle’s insurance policy. In that case, you can file a claim for your damages under it. You may have to pay your deductibles to use these coverages. Importantly, it’s a good idea to work with a lawyer, even if you are making a claim on your own insurance company.

What Happens to an Uninsured Motorist in an Accident?

Any vehicle registered in Florida must be covered by the minimum insurance amounts of personal injury protection and property damage protection with very low limits of only $10,000.00.   It doesn’t matter where the vehicle is physically located unless you are in the military.  In any type of these situations, you may want to seek legal advice from a Miami uninsured motorist accident lawyer.

If you are in an accident without the right insurance coverage, several consequences can arise. You will have to pay for your own damages—such as getting your vehicle fixed or replaced and paying your own rental car, and medical bills.

You will also be liable for paying for the vehicle damages and repairs for the other driver, rental car,  and for their medical expenses and lost wages arising from the accident.

Finally, uninsured drivers will likely get a ticket and face criminal charges. Some of the consequences uninsured drivers may face after an accident include:

  • community service
  • Driver’s license suspension of up to three years
  • $500 to reinstate your driver’s license
  • SR-22 proof of insurance certificate requirement (which can increase insurance costs)

As most Florida drivers know, auto insurance isn’t cheap. However, the price of not carrying the right amount of coverage in the mandated amounts gives almost no protection  and the cost can be a very high one to pay unless you get UNINSURED MOTORIST COVERAGE.  The underinsured or uninsured motorist coverage is a must for Drivers, because so many drivers only carry Florida  mandatory minimums, (without a requirement for bodily injury), thus the  need to protect themselves and others by purchasing at least Underinsured or Uninsured Motorist Coverage protect you from the minimum required amounts of insurance required by Florida law.

Call Us Today to Speak with a Miami Uninsured Accident Lawyer

Unfortunately, after being hit by an  underinsured  uninsured driver, receiving compensation for your damages can be challenging. However, you do not have to stand up for your rights alone. A knowledgeable Miami uninsured motorist accident lawyer from Iscoe Law Firm can be by your side every step of the way. We’ve represented hundreds of car accident victims and will thoroughly examine all the details of your crash and injuries. There may be more to the story, including other parties that could be held liable, for instance, a car or parts manufacturer. We’ll also help you discover all the options available to you to get compensation to pay for your injuries and other damages.

You can receive a free consultation with one of our experienced uninsured motorist accident attorneys by calling Iscoe Law today at 800-800-6500 or get in touch online. We know that accidents can happen at any time. That’s why you can reach us 24/7, 365 days a year.