What Happens If You’re Hit By An Uninsured Driver In Miami-Dade County, Florida?

Here is a quick guide on what you will learn from this article:

• Whether you can file a claim if the other driver doesn’t have insurance.
• What to expect if you don’t have Uninsured Motorist (UM) coverage.
• How an attorney can help in a case involving an uninsured driver.

How Common Are Cases Involving Uninsured Drivers In Miami-Dade County, Florida?

Cases involving uninsured drivers are fairly common in Miami-Dade County, Florida, because of the following:

• There is no mandatory liability insurance in Florida, so people with the legal minimum coverage would have nothing to pay for your injuries if they hit you (only for your property damage). Insurance companies are always seeking to offer the lowest rates and therefore push coverage packages like these to lower premiums, so many Florida drivers are in this position.
• Some drivers have only the minimum coverage of $10,000. These are considered “underinsured motorists”, who are treated by Florida law as the same as “uninsured motorists” if your damages exceed their minimal coverage.
• Other drivers have no insurance at all. Florida has one of the highest percentage of uninsured motorists of any state; 26.7% as of a few years ago according to the Insurance Research Council.

Between these three groups of people, that’s a clear majority of all drivers on the road in Florida. That means you’re more likely to get hit by an uninsured or minimally insured driver than you are to get hit by a well-insured driver.

Can I Still File A Claim If The Other Driver Doesn’t Have Insurance?

Whether the liable driver is insured or not, you still incur damages, and you deserve to be compensated. When dealing with an insured driver, the case is more straightforward. But if you discover the driver is not insured, filing a claim can become a bit more difficult.

It’s still possible to make an injury claim if the driver is uninsured, but only if you have Uninsured Motorist or “UM” coverage on your auto policy, which coverage is for this purpose. UM coverage pays out when the driver who is liable for your injuries does not have liability insurance (an “uninsured motorist”) or does not have sufficient insurance to pay for your damages fully (an “underinsured motorist”). UM coverage in Florida covers both uninsured and underinsured motorist claims.

If you do not have uninsured motorist coverage, and you’re injured by an uninsured driver, you will almost certainly be unable to make any claim for injuries.

As far as claims for property damage to your vehicle, if the other driver has no liability insurance for injuries but has an insurance policy, they should still have property damage coverage. This basic coverage is legally required in the state of Florida, meaning you can still claim for property damage. However, the legal minimum of property damage coverage is $10,000, which may not be enough to fully repair or replace your vehicle. This is why collision coverage – and GAP coverage, if you finance or lease your vehicle – is also important.

If they have no insurance whatsoever, or if their property damage coverage won’t cover the damage to your vehicle (for instance, if they damaged multiple vehicles in the collision), then your only recourse will be to file a claim through your collision coverage on your auto policy, if you have it.

Attorney Luke Moreau is a seasoned lawyer based in Florida who has helped many clients secure compensation in Personal Injury Law. With 8 years’ experience in auto accidents, he is prepared to help you file claims against liable parties and secure compensation to help you get your life back and the support you need to keep getting better.

If you still have questions or want to start your claim today, contact The Law Offices of Luke T. Moreau, ESQ. to schedule an initial consultation.

Call For A Free Consultation - (954) 466-2185

What Happens If I Don’t Have Uninsured Motorist Coverage In Florida?

Not having Uninsured Motorist coverage and then being injured by an uninsured or underinsured motorist puts you in a very bad position, as none of your medical expenses are covered, except for the small amount paid for by your Personal Injury Protection insurance, which is $10,000. Every auto policy sold in Florida legally must contain Personal Injury Protection insurance, which pays for your immediate medical bills without regard to whose fault the accident was (this is what “no-fault” coverage refers to).

It sounds like a lot, but unfortunately, it goes away very quickly when medical bills are covered. An initial hospital visit will often be more than $10,000, so that will be your only buffer against all of the medical bills for the treatment that you might need.

Your Personal Injury Protection insurance will often cover that first medical visit if you don’t need any additional or specialized treatment. If you require future treatment, you will not be able to obtain it, or you’ll have to go through your health insurance. This is why it’s crucial to get Uninsured Motorist coverage on your auto policy.

How Do Medical Expenses Get Covered After An Accident With An Uninsured Driver?

The greatest concern for any driver involved in an accident is their well-being and medical bills. If the liable driver is uninsured, your medical bills can be a real worry.

Your Personal Injury Protection coverage, as described above, will pay 80% of your medical bills, up to a total of $10,000, and some policies will also pay 60% of the lost wages that you incur from the accident, but it’s all out of the same pool of money. There are no separate pools for injuries and lost wages.

This only applies if you sought medical treatment within 14 days of the accident or injury. If you wait longer than that, then none of your Personal Injury Protection coverage applies, and you will have to pay for medical expenses out of your own pocket unless you have health insurance.

How Can An Attorney Help In A Case Involving An Uninsured Driver?

A lawyer brings a wealth of knowledge to any case involving an uninsured driver. They understand not only the legalities but also the nuances of the case. Some cases are not straightforward, but a lawyer can help you look in the right places. An attorney can help you in several ways:

• Possibility of finding insurance, which isn’t immediately evident
  This is a common situation where a driver does not have insurance but is driving a car owned by somebody who does. There is a Florida law called the “dangerous instrumentality” law, that holds drivers responsible for injuries caused by others while driving their cars with permission.
• So, it is sometimes possible, even if the driver has no insurance, to proceed with a claim against the owner of the vehicle that caused the injury. I’ve been able to obtain recovery this way in several cases.
• Claim from your own insurance coverage
  A lawyer can also help you make all possible claims against your own insurance coverage. If you have Uninsured Motorist coverage in your policy, the attorney will be able to help you make a claim under that coverage. Even if you don’t have Uninsured Motorist coverage, it can still be helpful to speak with an attorney to find a medical provider simply to get physical therapy or similar rehabilitative help under your Personal Injury Protection benefits, or to explore other possible avenues for making a claim or recovery.
• Protect your rights and interests
  A lawyer can also help you find the liable driver and make sure that you understand what coverages are available to you under your insurance policy. The lawyer will also make sure that the insurance company is treating you well and fairly. Often, an insurance company will try to deny a claim, lowball you, or not pick up the phone unless there is an attorney involved to get them in motion.

Still Have Questions? Ready To Get Started?

For more information on What Happens If You’re Hit By An Uninsured Driver In Miami-Dade County, Florida, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (954) 466-2185 today.