Who Pays for My Injuries if the Other Driver Is Uninsured?

Getting into an auto accident can seem devastating, especially if you suffer severe injuries. You may incur substantial medical bills and lost income if you cannot work due to your injuries. However, your recovery from the accident can become more complicated when you discover that the driver who hit you doesn’t have liability insurance.

Because liability insurance often represents a driver’s most significant financial resource to compensate people they injure in an accident, you may wonder who will pay for your injuries if the at-fault driver lacks insurance.

Fortunately, you likely have multiple options for pursuing financial relief for your injuries. For instance, you likely have coverage under your auto insurance policy. For example, you can obtain reimbursement for medical bills and lost income from your personal injury protection (PIP) coverage included in your policy. Other optional coverages you may have purchased could provide you with further compensation. If your injuries are severe, you might be able to file a lawsuit to seek compensation.

A car accident lawyer can review the details of your case, including your insurance coverage, and advise you on the possible avenues you might pursue to secure the financial benefits you need. An attorney can help you with your insurance and legal claims and fight to get you the compensation and justice you deserve after suffering injuries due to another driver’s negligence.

Auto Insurance Requirements in Florida

Florida requires drivers of personal automobiles to carry insurance coverage of at least:

• $10,000 of personal injury protection (PIP) coverage

• $10,000 of property damage liability (PDL) coverage

Vehicles registered as taxis must have at least $125,000 per person and $250,000 per accident of bodily injury liability coverage, and $50,000 of PDL coverage.

Policyholders can purchase higher policy limits for PIP and PDL coverage or additional optional coverages with their auto insurance, including:

• Comprehensive/collision coverage. Pays for damage repairs to your vehicle after a collision or other accidents.
• Uninsured/underinsured motorist (UI/UIM) coverage. This coverage has your insurer compensate you for the losses you could recover from the other driver.

What Makes a Driver Uninsured?

An uninsured driver refers to a motorist who does not have the minimum liability insurance coverage required by law. It may also refer to drivers who have not purchased bodily injury liability coverage, which Florida does not mandate drivers to carry. However, an accident victim hit by an uninsured driver may have their own insurance coverage to obtain financial benefits after a car crash.

What Compensation Might You Seek After an Auto Accident?

Depending on the circumstances of your case and the severity of your injuries, you may recover compensation for losses you suffered in an accident caused by an uninsured driver, including:

• Costs of repairs for your car or reimbursement for your vehicle’s value after the insurance company has declared it totaled by the accident
• Medical and rehabilitation expenses, including hospitalization, surgery, prescriptions, medical/mobility equipment purchases, or physical/occupational therapy
• Lost income or reduction in earnings during your recovery period
• Loss of future earning capacity or job benefits if your injuries result in a permanent disability that prevents you from working
• Physical pain and anguish
• Emotional distress and trauma
• Loss of quality of life due to disabilities or scarring/disfigurement interfering with daily living or activities you enjoyed before the accident

Options for Financial Recovery After an Accident Caused by an Uninsured Driver

Even if the at-fault driver lacks liability insurance, you may still recover compensation after a car accident by:

• Filing a PIP claim. In Florida, you must first turn to your PIP coverage to reimburse medical bills, lost income, and other expenses related to your injuries from a crash, including an accident caused by an uninsured driver.
• Suing the at-fault driver. You could pursue a legal claim against the responsible driver if you suffered severe or permanent injuries in the car crash. However, you must sue the driver directly if they do not have liability insurance.
• Filing a claim for collision coverage. You can claim reimbursement from your insurer if you purchased optional collision coverage with your policy.
• Filing an uninsured motorist claim. You may also pursue compensation for all your losses if you have uninsured motorist (UM) coverage in your auto policy.

Florida’s No-fault Insurance System

As a no-fault auto insurance state, Florida requires drivers who suffer injuries in an auto accident to first seek compensation from their insurance policy’s personal injury protection (PIP) coverage. An injured car accident victim may step outside the no-fault system and pursue a claim against an at-fault driver if they have sustained serious injuries as defined by Florida law. A legal claim against a liable driver can provide compensation for medical bills, lost income, and pain and suffering.

How Can Uninsured Motorist Coverage Help?

When an at-fault driver does not have liability insurance, an accident victim can turn to their insurance company for coverage if they purchased uninsured motorist (UM) coverage. This coverage offers financial protection if you get hit by a driver without insurance.

With UM coverage, the injured party’s insurer steps in for the at-fault party to pay compensation for accident losses up to the coverage limit purchased by the policyholder. UM coverage also applies in hit-and-run accidents because insurance companies treat an unidentified driver as uninsured. Because UM coverage rules can be complex, it’s best to speak to an experienced auto accident attorney who can review your policy and determine which coverages apply.

Proving the Uninsured Driver’s Fault for the Accident

An attorney might use various pieces of evidence to prove that an uninsured driver caused an accident.

A lawyer can investigate the crash and gather crucial evidence to prove fault, including:

• Eyewitness testimony
• Accident scene photos and videos, including vehicle damage, skid marks, traffic signs/signals, and weather/lighting/traffic/road conditions
• Police accident reports
• Arrest/citation records
• Driver alcohol/drug test results
• Driver cell phone records
• Surveillance/traffic camera or dashcam footage of the crash
• Logs from the vehicle’s event data recorder (“black box”) if it is a commercial vehicle
• Accident reconstruction expert reports
• Post-accident vehicle inspections
• Medical records from your treatment

What Should You Do After Suffering Injuries in an Accident With an Uninsured Driver?

You can take steps after suffering injuries in an accident with an uninsured driver to preserve evidence and protect your legal rights.

After the crash:

• Report the accident to local law enforcement or the highway patrol
• Get the other driver’s contact information, license number, and vehicle registration
• Speak to any eyewitnesses to get a statement or their contact information
• Take photos and videos of the crash scene if you can
• Seek prompt medical attention to have a doctor diagnose your accident injuries
• Follow your healthcare provider’s treatment plan and instructions
• Keep copies of any bills, invoices, or receipts for vehicle repairs, medical care, or other expenses from the accident
• Gather your pay stubs or income statements if you miss work or go on part-time/light-duty that pays you less during your recovery process
• Keep a journal to document your recovery process and the pain and physical difficulties you experience from your injuries and treatment

Finally, contact a motor vehicle accident attorney to discuss your options for recovering compensation after suffering injuries in a crash caused by an uninsured driver.

How Can a Lawyer Help You Pursue Financial Recovery After an Uninsured Motorist Accident

Car Accident Attorney, Pursuing compensation after an accident with an uninsured motorist can quickly become a complex, time-consuming process. An experienced lawyer can take the stress of your case off your shoulders and help guide you through your options for financial recovery.

Turn to an attorney to help you with the details of your case, such as:

• Investigating the accident to recover evidence of the other driver’s fault for the crash
• Reviewing your insurance policy to confirm available coverage
• Identifying other potentially liable parties and sources of compensation
• Working with accident reconstruction, medical, vocational, and financial experts when necessary to build a persuasive case for your monetary recovery
• Documenting your injuries and losses to calculate the compensation you deserve to recover
• Preparing and filing your insurance or legal claims
• Communicating with insurance adjusters or defense attorneys to pursue your case
• Negotiating with the insurance company or at-fault driver to secure a settlement that pays you fair compensation for your injuries
• Filing lawsuits to continue pursuing your claims if the driver or insurance company refuses to agree to a reasonable settlement

Frequently Asked Questions About Recovering Compensation After an Accident With an Uninsured Driver

Here are some of the most common questions that auto accident victims have about their legal rights following a crash caused by an uninsured driver:

When Do I Need to File a Claim After an Accident With an Uninsured Driver?

You have limited time to file a claim with your auto insurance provider after an accident caused by an uninsured driver. Florida law requires you to seek medical attention within 14 days of an auto accident to maintain your insurance eligibility for personal injury protection (PIP) coverage.

Review your insurance policy to confirm when you must notify your insurer of the accident. Many policies require notice of an accident within a specific deadline after the crash, such as within 30 days. Providing untimely notification to your insurer may affect your eligibility for coverage.

If you are eligible to pursue financial recovery at trial after an accident with an uninsured driver, Florida’s statute of limitations imposes a deadline on when you can file a lawsuit. You must file a personal injury lawsuit against the at-fault driver or other parties within four years of the car accident. However, if your insurer denies your UM claim in bad faith, you have five years after the denial of your claim to file a bad-faith insurance lawsuit against the insurance company. A lawyer can help you evaluate your legal options and determine how long you have to file suit in your case.

Do I Need an Attorney to File an Insurance Claim?

Having legal counsel when seeking compensation after an uninsured motorist accident will give you the best chance to secure a financial recovery. Unfortunately, insurance companies often make it difficult for accident victims to obtain a full monetary recovery.

Insurers have tactics to induce injury claimants to accept less than full value for their claim. An attorney will have extensive experience with insurer tactics and can aggressively advocate on your behalf to demand the full financial recovery you deserve under the terms of your insurance policy. Your lawyer can handle the insurance claims process while you focus your time and energy on recovering from injuries you suffered in the crash.

How Long Will It Take To Recover Compensation?

Accident claims can take a few months to a few years to resolve, depending on the circumstances of the case.

Multiple factors will influence the timeline of your uninsured accident claim, including:

• The severity of your injuries
• The duration of your medical recovery
• Whether you suffer any permanent disabilities from your injuries
• Whether anyone else also sustained injuries in the accident
• The number of other liable parties in the case
• The complexity and strength of the evidence supporting your claim
• Whether you share any responsibility for causing the accident
• Whether you have any applicable insurance coverage, such as comprehensive/collision or uninsured motorist coverage
• Whether you need to file a lawsuit to pursue your claim
• The schedule and availability of the trial court

Will My Case Go to Court?

Although most car accident cases settle rather than going to court, you may need to pursue litigation after getting hit by an uninsured driver. If you file an uninsured motorist claim with your insurer, you likely will settle with the insurance company. An experienced car accident attorney can aggressively negotiate with an at-fault driver or the insurance company for a settlement that pays you compensation as soon as possible but will advise you if pursuing litigation becomes necessary in your case.

If you suffered injuries after an uninsured driver hit you, contact a personal injury attorney who can review your case and advise you on your legal options.