Car accidents are stressful under any circumstances, but the situation is complicated further when the at-fault driver is underinsured or, worse, uninsured altogether. In the Miami area, where many drivers hit the road without adequate insurance coverage, protecting yourself in case of an accident is crucial. Understanding your legal rights and taking proactive steps on your behalf are essential in avoiding financial hardship. Your actions immediately following your accident make a significant difference in recovering compensation for your injuries and damages.
As some of the Miami area’s most trusted accident attorneys, Brooks Law Group has gathered our top tips for those injured by an underinsured motorist.
Why are accidents with uninsured drivers common in Florida?
Florida is a no-fault insurance state. This means drivers (typically) turn to their personal insurance policy to cover medical expenses after accidents with uninsured drivers, regardless of who caused the crash. Drivers are only required to carry, at minimum, Personal Injury Protection (PIP) and Property Damage Liability (PDL). Drivers in Florida are not required to carry Bodily Injury Liability (BIL) insurance. This means an at-fault driver might not have enough coverage to provide for your medical needs or damages once their PIP and (or) PDL benefits are exhausted.
So, minimum coverage for Miami drivers could still leave many underinsured.
The driver who hit me was uninsured. Now what?
Accidents with uninsured drivers cause panic if you’re the one facing injuries, medical bills, and a long recovery time away from work. If an underinsured or uninsured driver hits you, take the proper steps afterward to protect your legal and financial interests in the weeks, months, and years ahead. As soon as possible, you should:
- Call your local law enforcement. Regardless of the size or severity of the accident, you should always call the police after a crash. Their official report is a necessary piece in building your case.
- Seek medical attention immediately. Even if there are no obvious injuries or pain, a thorough examination by a medical professional is considered legal best practice after accidents with an uninsured driver.
- Gather evidence at the scene. If able, take photos, video, witness information, contact information of other involved driver,s etc.
Gathering evidence is crucial when filing a lawsuit against uninsured drivers.
- Review your insurance policy(ies) and then notify your insurance company. Remember: offer accurate details, but avoid making any statements claiming fault (or apologizing for!) any part in the accident. Keep the answers factual and basic. If you have questions about this, we’re happy to help! Miami drivers trust Brooks Law Group to protect them throughout the insurance claims process.
- If you have Uninsured Motorist (UM) coverage or Underinsured Motorist (UIM) coverage, now is the time to start the claims process. These policies can help you financially when you’re facing medical expenses beyond your PIP limit, lost wages, pain and suffering, and even future medical treatments.
“I don’t have UM/UIM coverage. What should I do?”
If you don’t have policies that supplement PIP or PDL benefits, you still have legal options! An experienced accident attorney can help you
File a personal injury lawsuit against the at-fault driver.
You do have the right to sue the driver at fault in the accident. The lawsuit can be for both your injuries and property damage, however, there’s no guarantee the driver will have the personal assets to pay the settlement, even if you win the lawsuit.
Explore additional insurance options.
Sometimes, policies like umbrella coverage or health insurance offer limited assistance with your injuries. Closely examining all of your current insurance plans is the best way to take advantage of all possible benefits.
Look to third parties for compensation.
If another entity was a contributing party in your accident (i.e., a trucking company that employed the at-fault driver and owned the truck involved in the crash) you could have grounds to file a lawsuit against them.
The right attorney matters after your accident.
The legal complexities and stress after accidents with uninsured drivers (or underinsured drivers) are frequently overwhelming. Those injured in these crashes are left to navigate the aftermath on their own. Experienced personal injury attorneys relieve that stress, providing services like:
- Case evaluation and advisement
- Negotiations with insurance companies
- Assistance with filing lawsuits against at-fault parties
- Help with gathering evidence to build and strengthen a claim
- Clarification and insight into Florida law and how it affects your Miami accident case
You don’t have to face the legal journey alone. Choose an attorney that puts your best interests first after your accident.
Brooks Law Group is here for you after accidents with uninsured drivers.
While Florida’s laws provide limited protection for drivers, they leave residents throughout Miami and across the state vulnerable to uninsured drivers. Don’t struggle alone with medical bills, totaled cars, ongoing therapies and treatments, or lost wages; call the team at Brooks Law Group for help. We are here when Miami drivers experience accidents with uninsured drivers, providing guidance and support for you throughout the settlement process. You don’t pay unless we win, and your first consultation is risk-free, with no charge to you.
If you’re injured by an uninsured driver in Florida, Look to Brooks!
