Understand Your Options if You Got Hit by an Uninsured or Underinsured Driver in South Florida
Only about 80 percent of Florida drivers have auto insurance. Among those who have insurance, a significant portion only have the minimum “no-fault” coverage required under Florida law. As a result, if you’ve been injured in a collision in Florida, there is a decent chance that the other driver doesn’t have insurance to cover your losses.
Additionally, even if the other driver has coverage, this coverage could be far less than you need. This is referred to as being “underinsured,” and it is a problem for many injured drivers and passengers in Florida. But, in many cases, there will be other options available, and hiring an experienced accident attorney will give you the best chance to recover the compensation you deserve.
3 Options for Recovering Compensation After an Accident Involving an Uninsured or Underinsured Driver
What are your options after being hit by an uninsured or underinsured driver in Florida? The three most common options are:
- Personal Injury Protection (PIP) Insurance – If you have auto insurance, you have PIP coverage—because it is required under Florida law. This is “no-fault” coverage that you can use to help cover your medical bills and lost wages.
- Uninsured/Underinsured Motorist (UIM) Insurance – If you opted to purchase UIM insurance (which is not required in Florida), filing a UIM claim may be your best option. This is a fault-based claim that allows you to seek full compensation up to your policy limit.
- Third–Party Liability Claim – Another option is to file what is known as a “third party” claim. This is a claim against an entity (such as a government agency or the other driver’s employer) that either shares or holds full responsibility for your collision.
What You Need to Know When Seeking Uninsured/Underinsured Motorist Coverage
If you have UIM insurance, securing coverage for your car accident will likely prove challenging. This is because filing a UIM claim is similar to filing a claim under an at-fault driver’s liability policy. With this in mind, here are three important facts you need to know:
It Is Up to You to Prove Your Right to Coverage
Your auto insurance company isn’t simply going to accept liability for your UIM claim. You need to prove your right to coverage, which means that you need evidence that the other driver is to blame.
You Also Need to Prove How Much You are Entitled to Recover
In addition to proving fault, you also need to prove how much you are entitled to recover. This means that you need to accurately calculate just compensation for your financial and non-financial losses.
There are Time Limits for Seeking UIM Coverage
Your UIM policy has a time limit for seeking coverage, and Florida’s statute of limitations will apply to your claim as well. To make sure you do everything necessary on time, you should seek help from an experienced attorney.
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