Getting into any car accident is stressful enough as it is. However, discovering that the at-fault is either an uninsured or an underinsured driver can spur a whole new level of anxiety and uncertainty. How will you pay for injuries, vehicle repairs, or other damages without insurance to turn to?
While being hit by someone who’s uninsured may seem like a worst-case scenario, there are still important steps to take after this type of accident to protect yourself financially and legally.
Having a competent team of personal injury attorneys on your side can make all the difference in obtaining the maximum possible compensation in these difficult situations. Here is an overview of what to do if you are involved in an accident with an uninsured motorist.
Assess Any Injuries and Damage From the Collision
In the moments after the collision, your top priority should be safety and medical attention if required. Once the initial shock wears off, carefully survey the scene to understand the extent of any vehicle damage, personal injuries to you or your passengers, and the details of the other driver and vehicle involved.
- Seek Medical Care: Even if you feel fine initially, some accident-related injuries may take hours or days to fully surface. Visit an urgent care clinic or your doctor to diagnose any underlying issues. This documentation will strengthen your future injury claim.
- Contact the Police: Call 911 and wait at the scene for the officers to arrive. File an official motor vehicle accident report. This report will prove invaluable when dealing with insurance companies later. Be sure to get the report number for your records.
- Document Damage: Take ample photographs capturing damage to all vehicles involved in the accident for evidence. Dash cam or eyewitness video is even better. Documenting all visible damage now can prevent the at-fault driver from later claiming that the damage predated your accident.
- Exchange Information: When safe, approach the other driver to exchange license, registration, contact details, and any insurance paperwork. Even though they may admit to having no coverage, collecting this data can assist your car accident attorney in holding them legally and financially accountable down the road.
Ensuring these accident details are thoroughly documented from the start will help lay the groundwork to recover compensation from your own insurance policy or will enable you to take further legal action in the absence of insurance coverage.
Understand The Role of Uninsured Motorist Coverage
Uninsured motorist coverage (UM) covers damages when an at-fault driver is either uninsured or underinsured at the time of an accident. In Florida, UM is optional coverage but is often included by default in many standard liability insurance policies, with typical minimum bodily injury coverage limits of $10,000 per person and $20,000 per accident.
You may be able to increase these limits for more protection. Or if finances warrant, you can waive UM to lower your premiums. Before doing this, seriously consider whether the upfront savings outweigh the risk of no payout following an accident with an uninsured driver and whether or not that is a gamble you want to take.
In some cases, drivers who were previously unaware that they carried UM are usually relieved to discover they have this vital safety net when an uninsured driver hits them. Contact your insurance provider to confirm your coverage limits and whether UM properly covers all drivers listed on your policy.
File a Claim With Your Insurance Carrier
Once you have confirmed that you have UM coverage, immediately open a claim with your insurer tied to the accident, even if you are still waiting on medical diagnoses, vehicle repair estimates, or other details from the driver who caused the auto accident. The quicker you start the claims process, the faster you can get your reimbursement checks.
Provide your insurer with an account of what happened, noting any injuries that were sustained and all damage incurred due to the collision. Share the police report number, photos you took to document the damage, and any helpful eyewitness statements. This level of detail will jumpstart their investigation into determining fault as well as how much they will cover under your insurance policy’s UM limits.
An unscrupulous uninsured driver may try denying blame or alleging you share fault as a ploy to avoid paying damages. Your auto insurance company, combined with the accident reconstruction expertise of your car accident attorney, can counteract such tactics by building an ironclad claim that proves the other motorist is solely at fault for the accident.
Manage Out-Of-Pocket Expenses Not Covered by UM
Even robust UM coverage may not make you financially whole again. Significant out-of-pocket costs may remain for medical bills, lost wages from missed work, vehicle repairs, and more, exceeding your financial limits. Without a liable insurance company to pursue, you should carefully track all accident-related expenses for potential reimbursement via other means down the road.
- Use Your Collision Insurance: If you have collision coverage, use this to pay for car repairs. Then, once you are reimbursed by the driver who is at fault, you can use these funds to repay your collision insurer.
- Pay Out of Pocket: If you lack collision insurance or do not want to risk insurance premium hikes, you may opt to pay for repairs yourself if you are financially able. Again, retain all receipts.
- Recover Damages Later Through Legal Action: With guidance from your attorney, compile a running tab of expenses and suffering to help you identify and recover damages directly from the at-fault driver through civil court remedies.
While any need to personally cover some costs in the beginning can be frustrating, ultimately, the negligence of the uninsured driver will still entitle you to recapture these damages in due course.
Engage an Experienced Accident Attorney on Your Behalf
The value an attorney brings to the table when one is hit by an uninsured motorist cannot be overstated. Navigating the insurance claims process and Florida civil courts without the help of an experienced personal injury lawyer.
An attorney’s proficiency can substantially boost your payout while pursuing an uninsured motorist claim:
- Maximizing Your UM Claim: Fighting to secure the highest possible settlement under your UM policy to compensate for injuries and damages.
- Proving Uninsured Driver Liability Reconstruction of how the crash occurred can overcome any implication that you somehow contributed to the collision.
- Demanding Payment for All Damages: Calculating the full value of your claim by identifying current and future accident-related costs that the at-fault driver must repay.
- Taking Legal Action When Needed: If settlement talks reach an impasse, an attorney can file a personal injury lawsuit against the uninsured driver for your full medical expenses, lost income, and other losses.
With an attorney spearheading the claims and negotiation process, you could receive the uncompensated relief and maximum reparations that you are entitled to under the law.
Uninsured At-Fault Drivers Ultimately Face Consequences
Just because an at-fault motorist cannot financially compensate for damages does not mean they escape unscathed. Serious financial and legal repercussions may await those found driving without insurance, which is a mandatory requirement under Florida law.
The at-fault driver can expect:
- Fines and Fees: Offenses carry a fine of $150 to $500 for initial and subsequent violations within three years of another violation. Courts may tack on other fees like court costs and reinstatement fees if their license is suspended.
- License Suspension: Upon a second violation within three years, Florida will suspend driving privileges for up to 3 years. This also leads to vehicle impoundment in some cases.
- Registration Suspension: Florida can suspend vehicle registration after just one violation until proper insurance gets verified.
These outcomes penalize unlawful uninsured driving. Partnering with legal counsel can often amplify these consequences through relentless legal action until the negligent driver fully pays their outstanding dues.
Key Takeaways If Injured by Uninsured Motorist
Dealing with injuries, property damage, and lost income following a collision is stressful enough without having to pursue an uninsured at-fault driver. Just remember these key next steps if involved in this scenario:
- Seek prompt medical attention even if feeling fine initially
- Contact the police and obtain a detailed motor vehicle accident report
- Document accident damage thoroughly by taking photos as evidence
- Verify uninsured & underinsured motorist coverage with your insurance carrier
- File a claim immediately with your insurer
- Track all expenses tied to the accident that are not covered by insurance
- Call an experienced attorney to vigorously pursue the maximum available compensation through insurance claims and the court system if required.
Get the Justice and Maximum Compensation You Deserve
Dealing with injuries, property damage, and financial fallout from an uninsured driver’s negligence can feel overwhelming. The legal team at Purely Legal offers extensive experience handling these complex cases and maximizing results for clients.
As an award-winning black woman-owned personal injury law firm, Purely Legal provides the compassionate yet determined legal counsel clients require in these difficult uninsured motorist situations. With the firm’s attentive client care and relentless pursuit of justice, they can lift the legal burden so clients can focus on healing and restoring security and peace of mind.
Potential clients should contact Purely Legal today to learn how their attorneys can make them whole again after an unfortunate collision with an uninsured driver. The firm takes great pride in recovering lifetime security and peace of mind for injury victims facing great uncertainty.