Hit by an Uninsured Driver in Florida? What You Should Do

Motor vehicle accidents cause around 2 million injuries each year in Florida.

As a no-fault state, every Florida driver is required to carry personal injury protection and property damage liability insurance to pay for medical expenses and property damage. Not all drivers abide by the rules, however, and it can really complicate things when you’re hit by an uninsured driver in Florida.

Today, we’re going to tell you what to do when you’re in a car crash with an uninsured driver. It adds an extra layer of anxiety knowing that the other party is uninsured, but there are still options. Keep reading to find out what they are.

PIP/PDL Insurance Explained

Florida drivers are supposed to have $10,000 of PIP and PDL insurance coverage to deal with car accident injuries and damaged property. Personal injury protection covers your own medical bills, while property damage liability covers the other driver’s damaged property.

To make a claim, you need to seek medical care within 2 weeks of the accident. PIP insurance covers 80% of your medical bills up to $10,000 and 60% of lost wages while you recover. PDL insurance covers up to $10,000 of the other driver’s property damage, but what if the other driver is uninsured?

Hit By an Uninsured Driver in Florida

If the other driver in the accident doesn’t have the required insurance, the process becomes more difficult to navigate. The best thing to do is hire an experienced Florida car accident attorney to help you deal with the other party.

As long as you’ve got PIP insurance, your medical bills will be covered. That said, if your bills exceed your own coverage or you’ve suffered a permanent injury, filing a lawsuit may be in order.

The same is true of a driver that has no PDL insurance. You may have to sue in order to get your property damages paid for.

Uninsured Driver Crashed My Car…

If you let someone drive your vehicle in Florida and they end up in a motor vehicle accident, your PIP insurance still kicks in. As long as the driver has permission to use your vehicle, they’ll be covered under your policy.

Can You Sue an Uninsured Driver in Florida?

Suing an uninsured driver requires you to prove the other driver’s negligence. You’ll need to show that you were owed a duty of care and that the other driver breached that duty of care. You’ll also need to prove that the breach is what led to the accident and that you suffered damages as a result. 

Much of the time, uninsured drivers are less financially equipped to pay out, even if you win your lawsuit. To protect against these situations, it’s a good idea to purchase uninsured motorist coverage on top of your other insurance policies. 

This may already be in your insurance policy, as you have to specifically reject it if you don’t want it. Talk to your insurer and have your lawyer go over your insurance policy to determine if this is an option.

Always Seek Legal Help After a Florida Car Accident

As you can see, the law isn’t always straightforward when you’re hit by an uninsured driver in Florida. It’s unfortunate that you suffer from someone else’s negligence, but with a good car accident lawyer on your side, you can navigate your vehicle accident with ease.

The Law Offices of Jorge Alberto Calil P.A. can help you deal with your Miami car accident in a straightforward manner. At the end of the day, you shouldn’t be on the hook for an uninsured driver’s mistake. Contact us today to speak to Jorge about your accident and how to move forward.