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Recovering Damages in a Car Accident with an Uninsured Driver

While car accidents are a daily occurrence all over the world, we often dismiss them as unlikely. It’s a traumatic experience that can happen to anyone without warning and lead to stressful financial troubles. While you might have car insurance, other drivers involved in the accident might not. Severe injuries or expensive repairs can be too costly for your regular insurance payout.
You won’t receive the extra compensation for damages you need if the other motorist is uninsured. This puts a huge strain on your finances and can leave you with more expenses than you can afford. This can become even worse if you can’t work during the recovery period. Whether you’re stuck with medical bills or a damaged car, or both, it’s essential to know the process for recovering damages in this situation.

Car Accident with an Uninsured Driver

We understand that knowing what to do after being hit by an uninsured motorist (UM) is confusing. It’s best to contact a personal injury lawyer immediately, and more can be read here about the legal process for a car accident, uninsured driver not at fault.
Driving underinsured can incur an uninsured motorist penalty. Unfortunately, these drivers usually can’t afford adequate insurance cover. These people add unique challenges to the taxing and stressful situation and force us to take extra steps to receive damages.
Florida’s no-fault insurance system states that you always need to use your own insurance first to cover any damages. The only expectation is if you suffer severe or permanent injuries in an accident with an uninsured driver. In this case, you can collect extra insurance from the driver responsible. Of course, we’ll need to look at other options if the person responsible is uninsured.

Suing the Uninsured Driver

There is usually no reason to sue an uninsured driver because if they don’t have the money to pay for insurance, they can’t pay us compensation. If the person receives a regular income, a judge could order them to pay you a monthly amount. Unfortunately, this is normally not enough to cover severe damages.
Another option opens up if the underinsured driver has valuable assets. In this case, lawyers can attempt to freeze or liquidate the assets to recover damages. 

Filing a Claim with Your Own Insurance

Insurance companies can provide a solution by offering you additional coverage. Special insurance packages are available to protect you against uninsured drivers. The extra cost of the optional cover can save you loads of time and money if you get hit by an uninsured driver.
If you need to claim your uninsured motorist coverage, you’ll need to contact your insurance company immediately after the uninsured car accident. You can then file a claim and start negotiations. Just be sure to check the insurance policy’s time limit beforehand.
Many policies have a short period in which you can take action. This can be up to 30 days after uninsured motorist accidents. If you’re involved in an uninsured accident, it’s best to act as quickly as possible to avoid missing out on compensation.
Your insurer will only pay out if you suspect the motorist is under-insured and if you have coverage for this exact situation. Make sure to tell the insurance company if this is suspected so they can make the necessary preparations. You can then use the funds to cover expenses like missed income, medical bills, and vehicle repairs.

Recovering damages in a car accident that involves an uninsured driver can be tricky; that’s why you need to hire an experienced attorney! Book a FREE consultation with Florida Attorney Thomas C. Grajek today!

Contact Florida Attorney Thomas C. Grajek for Professional Help

As with all criminal and personal injury cases in Florida, getting your payout involves lots of paperwork and tricky legal procedures. Thomas C. Grajek is an expert on these cases and can schedule a free consultation today. Visit here to get in touch or here to learn more about personal injury lawyer services. You can also contact us at (863) 688-4606).

FAQs for Car Accidents Involving Uninsured Drivers

Can I use my collision insurance for car accidents involving uninsured drivers?

Category: Recovering Damages in a Car Accident with an Uninsured Driver

Yes, collision insurance will compensate for most damages. But it won’t cover extreme damages requiring extra cover from the driver-at-fault.

Is car insurance mandatory in Florida?

Category: Recovering Damages in a Car Accident with an Uninsured Driver

Yes, regular car insurance is mandatory in Florida, although extra uninsured motorist coverage isn’t.

What should I do if the defendant is non-compliant?

Category: Recovering Damages in a Car Accident with an Uninsured Driver

Talk with your lawyer to try and get the judge to force the defendant to pay the compensation. This can be done with either monthly payments or liquidated assets if the defendant is uninsured.

Categories: Personal Injury
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