two drivers arguing over rear end car accident

As if getting in a serious car crash with a negligent driver wasn’t bad enough, now you are learning that the driver didn’t have car insurance. Are you going to have to pay for your accident expenses out of pocket, or is there another way to recover damages?

Florida Uninsured Motorist Claims

Since the other driver doesn’t have an insurance company to pay for your accident injuries, you have two options. First, you may file a claim with your own insurance company. Specifically, your insurance company may pay you if you have:

  • Personal Injury Protection (PIP). Florida drivers are required to have PIP. Regardless of who is at fault for your accident, your own PIP covers up to 80% of your necessary and reasonable medical expenses up to $10,000.
  • Uninsured Motorist Coverage. Uninsured motorist coverage is not required in Florida. However, your policy includes this coverage unless you specifically reject the coverage in writing. If you have uninsured motorist protection, then your own insurance company should pay all of your medical expenses, lost income, and pain and suffering after an uninsured driver hurts you.

In some cases, you may be able to recover compensation from the uninsured driver. However, many uninsured drivers do not have the income or assets to pay for accident injuries, so even if you win a lawsuit against him, you will not receive any money.

What to Do After a Crash With an Uninsured Motorist

Your best chance of making a full financial recovery may be to pursue a claim against your own insurance company. However, even though you are a paying customer of that insurance company, the insurer is not working for you. Instead, the insurer wants to maximize its profits by paying you as little as possible for your claim.

Car accident attorney Louis Berk will negotiate with the insurance company and go to trial, if necessary, to protect your rights. Contact us today to schedule your initial consultation and find out more about how we can help you through this difficult time.

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