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What Happens if the At-Fault Party Doesn’t Have Car Insurance?

When driving on the road, one of the worst fears for most people is getting into an accident with an uninsured driver. Every year, thousands of people in the United States are left in this position, and it’s important to note the differences between a regular accident and one involving an uninsured driver.

Dealing with a Car Accident

After a car accident, the first steps are always the same whether the other driver has insurance or not. For example, this means seeking medical attention, speaking to the police for the report, taking pictures of the scene, speaking to eyewitnesses, and putting your health first.

Often, people involved in an accident with an uninsured driver will find out at the scene. In many cases, the at-fault driver is nervous and doesn’t want to get law enforcement involved. Regardless of what they say, you need to put yourself first and think ahead to compensation (even at this stage). Without a police report and instant medical attention, this could limit the compensation you claim later.

As well as exchanging information with the other driver, contact your own insurance company to inform them of the accident.

Your Options

Can you recover compensation after an accident with an uninsured driver? Yes, and it’s a myth that you can’t. Here are your options:

1. Personal Injury Protection

In Florida, PIP coverage is a legal requirement, and the fact that this is a no-fault state means that you claim it through your own insurance. With this, it means that you can claim up to $10,000 for medical expenses, lost wages, and other economic damages. There are three problems with PIP coverage:

  • There’s a $10,000 upper limit
  • You’re limited to 80% of medical costs and 60% of lost wages
  • You can’t claim for non-economic damages

Furthermore, car insurance policies have different tiers of coverage. While some offer liability coverage, others provide comprehensive or collision coverage. If you have collision coverage, a Fort Lauderdale car accident lawyer can file on your behalf.

2. Uninsured/Underinsured Motorist Coverage

For those with uninsured/underinsured motorist coverage in their own policy, you can also claim this with your insurance company. While some states require this addition with insurance policies, others leave it optional so check your policy carefully.

When claiming through this coverage, the insurance company will ask for evidence of vehicle damage, injuries, medical bills, and more. Also, they’ll send investigators to ensure that your claim is legitimate. As long as you keep all paperwork and answer all questions honestly, the process is normally a smooth one.

A car accident attorney or personal injury lawyer will protect your legal rights and negotiate with the insurance company on your behalf.

3. Lawsuit

Thirdly, for serious accidents, your Fort Lauderdale car accident lawyer can file a lawsuit against the individual directly. If they don’t have insurance, they may not have money or assets to give you even after victory in court. However, it’s possible to place a lien on assets and this means that you receive a percentage of all future income to pay for damages.

Importance of a Car Accident Attorney

Nobody wants to get into a car accident with somebody that doesn’t have insurance, and we recommend contacting a personal injury lawyer to guide you through the complex process that follows. Although compensation is possible, cases involving uninsured drivers are different and require somebody with experience to navigate the tricky steps. Choose an experienced attorney and allow them to protect your legal rights and get the compensation you need to not just survive but thrive.

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Fort Lauderdale

1608 East Commercial Blvd.
Ft. Lauderdale, FL 33334

Phone (954) 951-0000
Fax: (954) 951-1000

Toll-free: 833-332-1333
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Suite 600
West Palm Beach, Florida 33401
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Boston, MA 02109
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Disclaimer

The information contained in this website is provided for informational purposes only.  This website may contain information about The Injury Firm's past results, testimonials about the firm or a lawyer within the firm, and statements regarding the quality of The Injury Firm's work product. This information has not been reviewed or approved by The Florida Bar. Please be advised that: 1) the facts and circumstances of your case may differ from the matters for which results and testimonials have been provided: 2) Not all results of cases handled by the firm or its lawyers are provided and not all clients have given testimonials; and 3) The results and testimonials provided are not necessarily representative of results obtained by the firm or by its lawyers or of the experience of all clients or others within the firm or its lawyers. Every case is different, and each client’s case must be evaluated and handled on its own merits.

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