Being in any car accident is bad news, but it gets even worse when the driver who hit you didn’t have insurance. If you have been in an uninsured motorist accident, you may be feeling defeated and like you have no options.
However, you are not alone in your predicament. Studies show that over 20% of Florida drivers do not have insurance, and some statistics reflect numbers as high as 27% of Florida drivers being uninsured. This means that any time you are in a car accident, there is more than a 1 in 5 chance that at least one of the drivers is uninsured. The good news is that you are not out of options. You may still be able to make a complete financial recovery despite the responsible driver lacking insurance coverage.
Options if You are Hit by Someone without Insurance
One benefit to living in Florida is that Florida requires all drivers to carry PIP coverage. Personal Injury Protection (PIP) coverage may have been discarded by the responsible driver, but chances are you complied with the law and purchased the required amount. PIP coverage applies to the person who owns the policy (you) and it applies regardless of who was at fault for causing the accident. The only drawback that you should be aware of is that PIP coverage only covers up to $10,000 in damages. This means that if the accident results in more than $10,000 in damages for you, you will have to take additional measures to recover the rest. The most popular method of doing this is bringing a personal injury lawsuit against the liable driver.
Suing the Uninsured Driver
In order to bring a personal injury lawsuit against the liable driver, you must be able to demonstrate that they were negligent in causing the accident. Negligence occurs when there is a breach in the duty of reasonable care owed to all drivers on the road. If the other driver was breaking a traffic law or regulation which caused the accident, such as driving above the speed limit or under the influence, they will automatically be presumed negligent. You must also be able to demonstrate that you suffered both physical and financial injuries as a result of their negligence. In other words, their negligence must be the cause of your injuries. You can demonstrate physical harm with medical records. Economic damages can be demonstrated with medical bills, lost wages, and evidence of any other expenses incurred as a result of the accident. In addition to economic damages, you will also be able to recover compensation for pain and suffering experienced as a result of the accident.
Contact the Draper Law Office in Kissimmee, Florida
If you have been injured by an uninsured motorist, the experienced Kissimmee personal injury attorneys at Draper Law Office are ready to fight to get you the compensation that you are entitled to. Contact Draper Law Office at 407.846.0075 to schedule a consultation.
Source: Draper Law Office