While not commonly known, bodily injury insurance is not required in the State of Florida. So what happens when you are injured by a driver with no bodily injury insurance? Many people believe that if an uninsured motorist hits them, they have no options for a personal injury recovery. The truth is, your own Uninsured Motorist (UM) coverage is specifically designed for this exact situation. When you have UM coverage, your insurance company is responsible for honoring and paying on your bodily injury claim as if it is the at-fault party. Think of it as similar to collision coverage, but for your personal injury instead of your property damage, with one exception–the other party must be at fault for causing the crash. UM coverage comes into play in (3) three scenarios:
- You are injured in a hit-and-run crash with a “phantom” vehicle that flees the scene and you do not know the identity;
- The at-fault party does not have bodily injury insurance;
- The at-fault party has limited bodily injury insurance, not enough to cover your damages.
Key Takeaways for an Accident With an Uninsured Motorist
- In Florida, your own Personal Injury Protection (PIP) provides initial coverage for medical bills. Uninsured Motorist (UM) policy addresses the bodily injuries, including out-of-pocket medical bills, that PIP does not pay.
- Florida law doesn’t mandate that drivers carry Bodily Injury Liability (BI) insurance, making UM coverage crucial. Your UM coverage is a primary source for your personal injury financial recovery when the adverse driver has no BI, is underinsured, or you are struck by a “phantom vehicle”, and the identity is unknown.
- If the adverse driver does not have BI, and you do not have UM on your policy, obtaining a personal injury settlement is extremely difficult.
- Your attorney gathers all evidence to build a strong UM claim against your insurance policy.
- An attorney handles all communications with insurance adjusters on your behalf.
- Florida's Unfair Insurance Trade Practices Act (Sections 626.9541) prevents an insurance company from retaliating against you and increasing your insurance rates for using UM coverage when you are not found substantially at fault for causing the crash.
How Your Personal Injury Protection (PIP) Coverage Works
Your PIP insurance is your primary medical coverage after a crash, paying a percentage of your initial bills, no matter who caused the accident. You must seek initial medical treatment within 14 days of the accident to use your PIP benefits. This “no-fault” system provides immediate access to funds for medical care.
Personal Injury Protection in Florida generally covers:
- Medical Expenses: It pays for 80% of your medical bills up to $10,000.00, as long as you have sustained an “emergency medical condition.”
- Lost Wages: PIP covers 60% of your lost income due to your injuries, also subject to the policy limit.
- Essential Services: This can include costs for tasks you can no longer perform, like cleaning or childcare.
- Death Benefits: Your PIP also provides a death benefit in the event of fatal injuries.
Where Uninsured Motorist Coverage Takes Over
Once it’s determined that the “phantom” driver cannot be identified or that the adverse driver has no bodily injury insurance or is underinsured, the UM claim is paramount.
Your UM claim can cover the following:
- Medical Bill Gaps: UM can help cover medical costs that PIP doesn’t cover.
- Expenses Beyond PIP: It can help cover medical costs that exceed your PIP limit.
- Additional Lost Wages: This can include lost income that PIP doesn’t pay, as well as wages lost after the PIP limit is reached.
- Non-Economic Damages: UM can also help you seek damages for pain, suffering, and the impact the injuries have on your life. PIP provides no compensation for these losses.
Your Policy, Your Protection
A car crash in Coral Springs can disrupt your entire life. Discovering the at-fault driver has no bodily injury insurance adds a layer of complexity. Your own auto insurance policy often contains the solution.
Uninsured Motorist/Underinsured Motorist (UM/UIM) coverage protects you in this exact situation. You pay premiums for this specific protection. Now, you have the right to file a claim against your own policy to cover the damages the other driver caused.
Filing an Uninsured Motorist Claim
Successfully opening a UM claim requires careful documentation and adherence to your policy's terms and conditions, and insurance companies have specific protocols for these situations. Your lawyer handles this from the inception.
An attorney compiles all necessary paperwork to open your claim, including your medical records, the official crash report from the Coral Springs Police Department, or any police department, and proof of your lost wages. The goal is to present a clear picture of your losses to the insurance company.
Proving the Other Driver's Fault
Even when dealing with your own insurer, you must still establish the other driver’s negligence. The insurance company needs proof that the uninsured driver caused the collision and your subsequent injuries. An attorney gathers the necessary evidence to demonstrate fault.
This evidence can include:
- Accident Report: A copy of the official police report details the officer’s observations.
- Witness Statements: Testimony from anyone who saw the crash can provide valuable context.
- Photo Evidence: Pictures of the vehicles, the accident scene on a road like Sample Road, and your injuries document the crash's impact.
- Medical Records: Your treatment history links your injuries directly to the collision.
Building Your UM Case for Damages
After being involved in a car accident with an uninsured motorist, it’s essential to document the full extent of your losses. Your insurance company will evaluate your claim based on the evidence you provide. A lawyer's role is to seek financial recovery for you that accounts for all your damages. Depending on your particular case, often, your personal injury attorney will attempt to seek a pre-suit settlement before filing a lawsuit, by presenting a demand package to the insurance company. This demand package includes a full accounting of your financial and non-financial losses. It tells the story of how the accident impacted your life, supported by factual documentation. A well-prepared demand provides the foundation for all communication with the insurance adjuster. The insurance company then reviews this information to determine a valuation of your compensation. Your attorney works to demonstrate the true value of your claim through meticulous preparation. Your legal advocate focuses on presenting the facts in a compelling and organized manner.
Calculating Economic Damages
Economic damages refer to your direct financial losses. These are tangible costs with a clear paper trail. An experienced attorney knows exactly what to look for and how to document these expenses. Your lawyer organizes the information to show a direct causal link between the crash and your costs.
Here is what your lawyer may collect:
- Medical Bills: This includes everything from the initial emergency room visit to ongoing physical therapy and future medical needs.
- Lost Wages: Pay stubs and employment records demonstrate the income you lost while unable to work.
- Future Lost Income: If your injuries prevent you from returning to your previous job, an attorney can document your diminished earning capacity.
- Property Damage: This covers the cost to repair or replace your vehicle and any other personal property damaged in the crash.
Assessing Non-Economic Damages
Non-economic damages can compensate you for intangible losses and address the personal, human cost of the accident. Though they lack a direct price tag, their impact on your life is still significant.
An attorney helps articulate these losses as part of your claim, giving the insurance adjuster a complete view of your experience after being hit by an uninsured motorist. It shows how your life changed after the collision.
An attorney documents these impacts through:
- Pain and Suffering: This accounts for the physical pain and discomfort your injuries have caused.
- Mental Anguish: This addresses the emotional and psychological effects of the trauma, such as anxiety or stress.
- Loss of Enjoyment of Life: This category demonstrates how the injuries prevent you from participating in hobbies and activities you once enjoyed, like walking through Tall Cypress Natural Area.
- Permanent Impairment: This documents any long-term or permanent limitations resulting from the crash.
Managing Communications With Your Insurance Company
Communicating with an insurance adjuster requires precision because adjusters handle countless claims every day, and they look for specific information when evaluating a case or speaking with a victim. A personal injury attorney speaks their language and manages all interactions for you.
Their advocacy prevents you from making a statement that the insurer might misinterpret and ultimately damage your claim. Your lawyer becomes your voice, taking the legal burdens off your plate, while you seek medical care and attempt to get back on your feet.
The Role of the Insurance Adjuster
Insurance adjusters work for the insurance company. Their job is to evaluate your claim and resolve it for the company for the lowest amount possible. Any money saved in the settlement or verdict is profit for the insurance company. Often, insurance adjusters are incentivized or rewarded for concluding a claim below their bottomline.
An attorney is your zealous advocate who works to present a claim so clear and well-documented that it leaves no room for misinterpretation. Your lawyer anticipates the adjuster's arguments and questions and can provide the strengths of your claim and answers upfront within the demand package. When an adjuster sees a claim prepared by an experienced law firm, they often approach the potential settlement differently, knowing you may have the upper hand in settlement negotiations.
How an Attorney Protects Your Rights
From the moment you hire a lawyer, the pressure of dealing with the insurance company lifts. Your attorney handles the details, allowing you to focus on your health, your family, and returning to a sense of “normalcy.”
The benefits of working with a lawyer include:
- Official Representation: Your lawyer can send a Letter of Representation to the insurance company, directing all future communication to their office. Once the insurance company learns you are represented by counsel, the adjusters cannot speak to you.
- Information Management: Your attorney fields all requests for documentation and provides only the necessary information.
- Statement Protection: You avoid having to give an unrepresented recorded statement that could be used to challenge your claim later. If your insurance company seeks a recorded statement from you, your attorney should prepare you for the statement, and attend the statement with you.
- Status Updates: Your lawyer keeps you informed of your case's progress without you needing to speak directly with an adjuster.
Suing an Uninsured Driver
Sometimes, pursuing a lawsuit against the at-fault driver is a necessary step when you do not have Uninsured Motorist coverage. While they may lack insurance, they’re still personally responsible for the damages they caused. A lawsuit may be a viable option if the uninsured driver has personal assets. Often, the adverse driver has little to no assets, and collection of any judgment becomes impractical. It’s usually a last resort, but it remains a tool for seeking justice. The decision to file a lawsuit requires careful consideration of the potential for recovery. An attorney can advise you on whether this option makes sense in your specific situation.
Asset Investigation
Before filing a lawsuit, an attorney can conduct an asset check on the uninsured driver. This investigation determines if the driver has any assets, such as property not protected by “homestead” or savings, that could be used to pay a judgment. A successful lawsuit only matters if you can collect the awarded damages.
Filing a lawsuit against an individual is a formal legal action, and your lawyer handles every aspect of this process. It begins with filing a complaint in court and formally serving the documents to the at-fault driver.
Obtaining a Judgment
If the lawsuit succeeds, the court will issue a judgment in your favor. This is a legal declaration that the other driver owes you a specific amount of damages. Your attorney can then use legal tools to collect on that judgment, such as garnishing wages or placing a lien on property.
This process can be long, but it holds the responsible party accountable for their actions on the road. Many claimants do not realize that obtaining a judgment can be long and costly, and if there’s little chance of collections, it may be impractical to pursue the same.
FAQ for Accident With an Uninsured Motorist
How Long Do I Have to File an Uninsured Motorist Claim in Florida?
The deadline to report your accident and open a UM claim depends on the specific language in your insurance policy. Most insurance contracts require you to provide notice of a claim promptly. This contractual deadline is separate from the legal time limit to file a lawsuit if the insurer fails to pay.
In Florida, UM is based on a “breach of contract” claim rather than a “negligence” claim since UM is based on a contract of insurance with your own insurance company. You generally have five (5) years to sue for UM damages since it is contractual.
What if My Damages Exceed My UM Coverage Limits?
If your total damages are more than your UM policy limits, your recovery from the insurance company is capped at the policy amount. An attorney can help you explore other potential sources of recovery including “household UM,” reviewing your UM selection form for any legal deficiencies which could be construed in your favor.
Will My Insurance Rates Go Up if I File a UM Claim?
Florida law, specifically, Florida's Unfair Insurance Trade Practices Act (Sections 626.9541), prohibits an insurance company from raising your rates for filing a UM claim when you were not found substantially at fault for the accident. You paid for this coverage to protect you from a driver who broke the law. Using your policy for its intended purpose shouldn’t result in a premium increase, and your insurance company should not be permitted to retaliate against you for using insurance coverage you paid for in this instance.
What if I Were a Passenger When I Was Hit by an Uninsured Motorist?
As a passenger, you have several potential options for recovery, including potentially filing a claim under the UM coverage of the vehicle you were in. You may also be able to file a claim under your own personal auto insurance policy, even if you were in someone else's car, subject to the terms, conditions, and exclusions in the UM insurance policy.
Why Do I Need a Lawyer for a UM Claim?
Working with an attorney provides you with a dedicated advocate who protects you against an adversarial insurance company. An attorney builds a comprehensive claim, handles all negotiations with the insurer, and works to value your damages correctly.
Having a professional manage your claim allows you to focus on your medical treatment and recovery.
Take Control of Your Recovery
When an uninsured motorist hits you in Coral Springs, you don’t have to handle the process alone. Cindy Goldstein Law is ready to manage your claim and protect your interests. Complete the online form today and learn how an experienced personal injury lawyer can assist you.