Car accidents are extremely scary and they can be even more frightening if you’re hit by an uninsured driver. A study done by the Insurance Research Council in 2021 revealed that over 20% of all Florida drivers do not carry insurance. This statistic makes Florida the sixth worst state in insurance coverages. In this blog, we’ll explain the exact steps you should take if you’re hit by an uninsured driver.
File a police report
It’s important to call the police immediately upon being in an accident. According to state law in Florida, you’re required to report an accident immediately to the Florida Highway Patrol or Police if any of the following occurs: (1) death or injury, (2) a hit and run accident, (3) an accident caused by an intoxicated driver, or (4) an accident that results in property damage of over $500.
In addition to providing accurate and impartial third-party documentation of the car accident, a police report can also be extremely effective as evidence in a future case.
File a claim with your insurance
As soon as you can, speak with your insurance company. In the state of Florida, drivers are required to carry at least $10,000 of personal injury protection. This policy covers 80% of reasonable medical costs and 60% of lost wages due to the accident. After filing a claim, this policy will provide immediate financial assistance after the accident.
It is important to keep in mind that Florida law requires those seeking compensation from their policy to receive medical care within 14 days of the accident.
Speak with an attorney
An experienced attorney can help you navigate the aftermath and get you the compensation you deserve. If you wish to file a lawsuit, an attorney will also be able to determine if you can claim negligence. 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 uninsured driver has few assets, your ability to receive compensation from them may be limited and you may want to make a claim against your Uninsured Motorist Coverage, if you can.
Uninsured Motorist Coverage
Uninsured Motorist Coverage is an optional policy that is not required by the state of Florida. This policy covers medical bills, loss of the future enjoyment of life, lost wages and disability, and much more, in case of an accident caused by an uninsured driver.
It is important to keep in mind that if you were to opt out of this policy, you would have to reject it in writing. If you do not remember rejecting the coverage, it might be included in your existing insurance policy. Review your policy, just in case.
The team and attorneys at Cohen & Newmark PLLC have a national reputation for successfully helping victims obtain justice. Call Lee today for a free consultation and to learn more about the possible outcomes of your case.