Being involved in a car accident is usually a straightforward, albeit frustrating, event for most people. However, there are times when a car accident happens, and one or more of the parties involved are not insured. When this happens, retrieving the compensation you are owed can be incredibly difficult.
Suppose you or someone you love has been in an accident and the other party or parties are not insured. In that case, you need to consider seriously hiring an experienced car accident attorney. These attorneys are knowledgeable in the laws surrounding car accidents and the insurance process.
If you have questions about what to do following a car accident with an uninsured driver in Florida, contact Florin|Roebig’s top-rated car accident attorneys today. Our attorneys can schedule a free consultation and case evaluation.
What To Do If You’re Hit by an Uninsured Driver
If you or a family member has been in an uninsured driver accident and later finds out that they were uninsured, the aftermath can be very frustrating and stressful.
In 2022, it was found that 15.9% of motorists in Florida are uninsured, which is higher than the national average of 14%. This can cause a complicated situation when you are in an accident with someone who does not have insurance.
“Uninsured drivers are becoming more common on the streets of Florida due to the high rates that some policies require. While it may seem like an unnecessary expense, insurance coverage is more than just peace of mind; it is required by law to have at least personal injury protection,” explains Chad K. Florin, a highly valued attorney of Florin|Roebig,
If you or a member of your family has been injured in a car accident caused by an uninsured driver, follow these post-accident steps:
1. Seek Medical Care
The most important thing to do first is to check for signs of injury to ensure you and any of the people with you are safe. If there are any signs of injuries, call 9-1-1 immediately. It is important that even minor injuries be appropriately assessed by an emergency medical technician to ensure proper care is given.
When you receive any medical records and reports related to the accident, it is important to keep them for both your insurance claim and your attorney. These documents will be valuable when you are making your case.
2. Collect Contact Information
It is vital to get the contact details of all the drivers involved in the car accident and give them your insurance policy information in return. It is also important to note if any of the drivers are uninsured.
Information to collect includes:
- Motorist’s names
- License plate numbers for all cars concerned
- Driver’s insurance and policy information (if available)
- Phone numbers for all motorists
- Driver’s license information
3. Call The Police
All accidents in Florida resulting in injury to individuals or damage to property must be reported to the local police. Reporting an auto accident with the police guarantees a police report, which can be used as official documentation of the car accident and your official statement. These types of accident reports can act as valuable evidence to support your claim.
4. Get Photos Or Videos
You must begin taking pictures and recording videos of the car accident scene as soon as you and your passengers are safe. The video recording should make sure to include the time and location of the car accident.
Take pictures of your injuries, car damage, car positioning, and license plates. Every detail of the car accident scene can help defend your claim by allowing you to establish the scope of your injuries and other damages.
5. Report The Accident To Your Insurance Company
When you have received medical attention and you have been permitted to leave by the police, you must contact your insurance agent to document the accident and begin your insurance claim. Florin|Roebig’s attorneys are always available to provide free case consultations.
6. Contact A Florin|Roebig Car Accident Lawyer
Utilizing a skilled car accident attorney is a critical decision for victims after a car accident. Hiring a personal injury attorney can help you understand what to say or not to say on an insurance claim, assess all the damages, and guarantee you are filing for the highest amount possible.
In the event that the other driver involved is uninsured, your car accident attorney will know precisely what it will take to get the compensation you deserve and need to cover your damages related to the accident.
If you or a loved one have been injured or have had your property damaged in an accident, and you later find that someone without insurance caused the accident, you will need legal assistance to retrieve compensation, if possible. Call the law offices of Florin|Roebig today for a free consultation.
Legal Options for Pursuing Compensation
Car accidents often produce a lot of damage and can cause injuries, which lead to medical expenses. Generally, insurance companies can work out who is responsible for the damages, but in situations where an uninsured driver has hit you, the dilemma can become more complicated.
“When you have been in an accident with an uninsured driver, it puts you in a predicament. It can be challenging to receive a settlement from a driver without insurance, which is why hiring a personal injury attorney as soon as possible can be helpful for your claim,” says Florin|Roebig attorney Chad K. Florin.
However, you are not completely out of options if you find yourself in this situation. In Florida, all drivers are legally required to carry at least $10,000 of personal injury protection (PIP). PIP covers at least some portion of the medical costs and damage expenses, even if the at-fault driver is uninsured.
PIP will also assist with the following benefits:
- 80% of medical expenses connected to the accident
- 60% of lost earnings due to the accident
- $5,000 for death benefits.
Drivers can choose to add extra coverage to their insurance policy, which is not required by law. Uninsured motorist coverage is another option for accident victims who need compensation to cover their accident expenses. The amount of this coverage typically equals the amount of your personal liability policy.
Another option for seeking compensation for an accident with an uninsured driver is filing a lawsuit. PIP can be helpful, but it frequently does not cover the full scope of the expenses caused by the accident.
If you have any questions regarding the types of compensation you can receive after this type of accident or you would like to discuss your legal options for pursuing compensation, please schedule a free case evaluation with one of our experienced attorneys at Florin|Roebig.
Challenges in Suing an Uninsured Driver
Many drivers choose to take the route of pursuing a lawsuit in order to recover damages from the accident. Car accident attorneys will be essential if you decide to do this after your uninsured driver accident.
When seeking to file a lawsuit, there are a few things to keep in mind. In order to prove that you have a case in Florida, you must establish that negligence occurred. To prove negligence, you must be able to demonstrate the following:
- You were owed a duty of care by the driver.
- This duty of care was breached by the driver.
- Your accident was caused by this breach of duty.
- The accident caused you to suffer damages.
It is important to remember that filing a lawsuit will eventually cost you money. Car accident attorneys often charge by the hour, and some charge 25% to 40% of the compensation you receive in the settlement.
Florin|Roebig attorneys work on a contingency fee basis, so our clients do not have to pay any attorney fees upfront. Our attorneys make it a priority to ensure that our clients have the ability to heal and recover from their accidents without worrying about financial obligations.
While you may need the money immediately, the amount of time it takes for a lawsuit to settle can vary depending on the specific factors of each case. This can also take a toll on your financial situation and emotional health, so hiring an attorney experienced in uninsured driver lawsuits is crucial.
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The Role of Insurance Companies
Insurance companies were designed to assist people in paying to replace, repair, or cover the medical expenses of someone in the event that an accident occurs that causes injury or property damage.
When you are in an accident, one of your foremost priorities should be contacting your insurance representative. The job of your representative is to collect as much documentation as possible in order to prove who was at fault.
Once fault has been resolved, your agent will decide who was liable, and then your compensation amount will be determined. If the compensation amount is lower than what you believe it should be, your attorney will work on negotiating with your insurance company.
Sometimes, however, your insurance provider does not act in your best interest or tries to save themselves money by denying or underpaying rightful claims. It is important for accident victims to understand that these types of tactics are illegal in Florida, and you can take action against them.
In the event that your insurance company acts in bad faith, you need to contact an attorney who has knowledge and experience in dealing with insurance companies and insurance disputes, such as the attorneys of Florin|Roebig.
How Florin|Roebig Attorneys Can Assist
After you or a family have been in an accident with an uninsured driver, choosing which car accident attorney to represent you and your car accident claim is a crucial choice that should be made carefully. The attorneys of Florin|Roebig have won over $1 billion for clients and have continued to represent them with compassion for forty years.
Advantages that you can gain by hiring a Florin|Roebig auto accident lawyer include:
Car Accident Case Experience
The car accident attorneys of Florin|Roebig have been representing car accident victims both in and out of court for four decades. Our attorneys have witnessed everything insurance companies are prepared to do to save money, so they are ready to fight for your accident claim.
A Strong Personal Injury Claim
Due to our long history of successfully representing many car accident victims, including winning over $1 billion for our clients, the Florin|Roebig team of lawyers understands what it takes to build a strong, winning claim. From the evidence you collect to how you complete your paperwork, our lawyers know how to make a solid auto accident claim.
Negotiating A Fair Settlement
Car accident settlements can typically be handled quickly and efficiently outside the court system. However, your Florin|Roebig lawyer is prepared to explain your claim to a judge when your insurance does not cooperate, or you cannot get the at-fault party to pay your damages.
If you would like more information on our services, or you are interested in scheduling a free case consultation to go over your options, please contact the law offices Florin|Roebig
Frequently Asked Questions
Can you sue someone in Florida with no car insurance?
Yes, in Florida, you are allowed to sue the responsible party for compensation to cover damages that occurred due to an accident. However, when you sue a party with no insurance, it is important to keep in mind that they may not have insurance because of a lack of finances, which means you may not be able to recover much if they do not have any assets.
What happens if the person at fault in an accident has no insurance in Florida?
A driver who has been in an accident and has no insurance will face a number of consequences. Driving without insurance can lead to the possibility of receiving a fine, a suspended driver’s license, and, in some cases, even jail time.
For the accident victim, this could mean that they may not be able to receive the compensation they need to cover the cost of their medical care and any repairs or replacement of damaged property.
Do insurance companies go after uninsured drivers in Florida?
Even though it is against the law in Florida to drive a vehicle without insurance, insurance companies are not required to pursue uninsured drivers.
However, they will pursue an uninsured driver if the accident victim has uninsured motorist coverage as part of their policy.
Can you go to jail for driving without insurance in Florida?
Yes, if you drive without insurance coverage or the minimum PIP legally required in Florida, you can face serious consequences. These consequences can include having your driver’s license suspended, serious financial fines, and even time in jail.
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Being involved in a car accident caused by someone who does not have insurance coverage is never easy. Still, the circumstances can be even more difficult to endure when you are left with expenses you may not be able to afford with no hope of receiving much-needed compensation.
If you or a family member have been a victim of someone else’s negligence and then found out they do not have insurance, the skilled personal injury lawyers at Florin|Roebig are here to help you. Please contact Florin|Roebig today for a confidential and free consultation about your uninsured driver accident.
