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Orlando Personal Injury Attorneys / Blog / Car Accidents / Accidents With Uninsured Motorists In Florida

Accidents With Uninsured Motorists In Florida


Florida has the highest percentage of uninsured drivers in the United States – more than one-quarter of the drivers on state roads at any given time – so unfortunately, the possibility of accidents involving uninsured drivers is very real. If you are in this position, you should be aware of the potential issues you may encounter in trying to seek compensation. Contacting an attorney is always a good idea.

Insurance Requirements Compensate Victims

Florida is a no-fault state, meaning that the victims of automobile accidents generally do not file lawsuits to get their medical bills paid; rather, they make claims with either their own insurers or the insurer for the other driver involved in the crash. In order to obtain a Florida driver’s license, a driver must be able to show that they have at least $10,000 in personal injury protection (PIP) insurance, and $10,000 in property damage liability (PDL) coverage. State law requires that a driver have this insurance at all times, but many simply do not – they may let their coverage lapse, or find other ways to attest that they have it without actually paying for a policy.

At least in theory, this method of compensating car crash victims is meant to funnel cases away from the already-crowded court dockets, allowing them to deal directly with insurers and cutting out the proverbial middle-man. However, in some cases, a person’s injuries are severe enough where the law’s immunity threshold is passed – in other words, a person’s car accident injuries may be severe enough to cause permanent damage, or the permanent loss of a limb or bodily function – and in these cases, an injured plaintiff can sue the person who allegedly caused their injuries.

Uninsured Motorists May Be Judgment Proof

If you are involved in an auto accident with an uninsured motorist, your immediate concern should be that they lack the insurance coverage that could cover any medical bills you incur. Your own insurer is required by law to cover at least 80 percent of all ‘medically necessary’ care (as long as you seek treatment within 14 days of the accident), but anything over the amount of your policy would usually be covered by the other driver’s insurance – which, in the case of an uninsured motorist, is nonexistent.

You may have uninsured motorist coverage, as Florida law requires you to reject this coverage in writing (and many do not). If you do not recall either way, it is important to check. If you do not have this coverage, though, your options may look slim. Contacting an attorney who is well versed in this type case may open up more avenues, however; every accident case is different and it is possible that you may not be aware of a particular point that an attorney would pick up.

Can An Orlando Car Crash Lawyer Help You?

Being in an auto accident is always a scary thing to go through, and if you are in an accident with an uninsured motorist, it can make things much more complex and time-consuming to negotiate. Calling the Orlando car accident attorneys at the Hornsby Law Group can help you determine your options and the best way to work toward getting your life back on track. Call our office for a free consultation today.





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