Hit by an Uninsured Driver in Florida? Here’s What to Do

car accident hit by uninsured driver

If involved in a car accident where you were hit by an uninsured driver, recovering just compensation can be difficult. However, a qualified personal injury attorney works with you to explore your options. You may wonder what to do next after an uninsured driver hits you. Protect your rights by contacting a personal injury attorney after you are hit by an uninsured driver in Florida. 

Is There an Auto Insurance Requirement in Florida? 

Florida law requires all Florida drivers to carry at least $10,000 of personal injury protection. Your PIP policy protects you in situations where you suffer injuries and loss, even in situations where you were hit by an uninsured driver in Florida. 

Personal injury protection or PIP covers you for your losses regardless of fault. So even in a car accident where you were hit by an uninsured driver, PIP insurance provides immediate financial assistance after the accident. This minimizes many worries some may feel after being hit by an uninsured driver in Florida. 

What Are My Options If an Uninsured Driver Hit Me? 

You may feel overwhelmed after discovering that your accident was caused by an uninsured motorist. You may worry that you will be unable to recover compensation for your losses and injury. However, there are options after a car accident with an uninsured driver. Especially in situations where you were not at fault for your accident in Florida. 

Personal Injury Protection (PIP)

Since all Florida drivers must obtain PIP insurance, you may recover compensation after a car accident where you are hit by an uninsured driver. Florida law requires those seeking compensation from their PIP insurance policies to receive medical care within 14 days of their accident. PIP insurance covers the following:

  • 80% of reasonable medical costs related to the accident,
  • 60% of lost wages due to the accident, and
  • $5,000 for death benefits. 

PIP insurance provides coverage for you, relatives living in your home, passengers that don’t own a vehicle, and those driving your car with permission. However, in accidents causing severe injury, PIP insurance is unlikely to adequately cover the losses you suffered. In these situations, you may wonder what options you have after an uninsured driver hits you. 

File a Lawsuit

After a car accident where you were hit by an uninsured driver, you may have other options. You may wish to pursue a personal lawsuit against the at-fault driver. Many victims choose this path when they discover their PIP and uninsured motorist coverage fail to adequately cover their medical expenses after being hit by an uninsured driver in Florida. 

To succeed, you must establish the uninsured driver’s fault in the accident by proving that they were negligent. In Florida, a claim of negligence requires evidence of the following: 

  • The driver owed you a duty of care, 
  • The driver breached this duty of care, 
  • The breach caused your accident, and
  • You suffered damages due to your accident. 

Unfortunately, if the at fault driver is not insured and has minimal assets, your ability to actually collect any money from them may be limited, and you may have to pursue a claim against your uninsured motorist coverage.

Uninsured Motorist Coverage

One option for recovery may be your own uninsured motorist coverage. If you can prove the other driver was at fault, your uninsured motorist policy may pay your claim against the other driver.

Florida law does not require drivers to carry uninsured motorist coverage. However, it’s always a good idea to do so. It’s important to note that to not carry uninsured motorist coverage, you must reject it in writing. If you don’t remember rejecting uninsured motorist coverage, then it’s probably included in your insurance policy. But review your policy to be sure.

You may set your limits for uninsured motorist coverage. Typically, however, uninsured motorist coverage equals your personal liability insurance limits. So when you’re in an accident with an uninsured driver, your own policy may serve to cover medical expenses and other losses suffered.

Why Hire a Lawyer? 

Since 1913, the attorneys at Emmanuel Sheppard & Condon built their reputation on guiding principles centered on experience, effectiveness, accessibility, and integrity. Developing strong client relationships is the key to the longevity of our firm. We pride ourselves on not just resolving our clients’ problems but surpassing their expectations. After a car accident with an uninsured driver where you were not at fault, you may wonder what steps to take next.

In Florida, the personal injury attorneys at Emmanuel Sheppard & Condon are here to guide you through the process. All hope is not lost, and we work tirelessly on your behalf so you get results. Don’t delay your path to healing. Contact our office today for a case review!