​What Happens if I Get Injured in an Accident With an Underinsured Driver?

After getting hit by another driver, you may want to pursue compensation if you suffered severe injuries in the accident. However, you may find seeking financial relief complex if the at-fault driver has little liability insurance coverage. You may not know your options after getting injured in an accident with an underinsured driver. Fortunately, you likely have several avenues for seeking compensation for your injuries and other crash-related losses.

In Florida, injured car accident victims must turn to their insurance policies for compensation in most cases. However, you may have the right to file an insurance claim or lawsuit against an at-fault driver after sustaining severe or permanent injuries in the accident. Alternatively, purchasing optional coverages with your auto insurance policy could compensate you for accident-related losses.

An experienced auto accident attorney can review the facts and circumstances of your case to identify your legal options and advise you on the steps you should take to seek financial relief after an accident with an underinsured driver. Having legal counsel on your side will help you stand up to the insurance companies to pursue the compensation you need and deserve.

What Makes a Driver Underinsured?

Insurance companies consider a driver underinsured if the policy limit of their liability insurance coverage cannot fully compensate an accident victim for their losses. For example, if an at-fault driver only has $50,000 of liability insurance, but the accident victim suffered $100,000 in losses, the driver will qualify as an underinsured motorist. An accident victim may file a claim with their own auto insurance provider if they have purchased underinsured (UIM) motorist coverage.

Florida Auto Insurance Requirements

In Florida, a car insurance policy must provide at least $10,000 of personal injury protection (PIP) coverage and $10,000 of property damage liability (PDL) coverage. Vehicles registered as taxis must carry $125,000 per person, $250,000 per accident of bodily injury liability coverage, plus $50,000 per accident of property damage liability coverage.

Policyholders can purchase higher limits of PIP and PDL coverage in addition to optional coverages offered by the insurance company.

Common optional coverages include:

• Bodily injury liability coverage. This coverage pays compensation to someone who suffers injuries or a fatality in an auto accident that you cause. This compensation can pay for medical expenses, lost earnings, and pain and suffering incurred by an accident victim.
• Collision/comprehensive coverage. You can file a claim with your insurer for repair costs to fix damage to your vehicle in a collision or crash.
• Uninsured/underinsured motorist coverage. Uninsured/underinsured (UM/UIM) coverage enables you to file a compensation claim with your insurance provider. This coverage applies when the at-fault driver does not have insurance, fled the accident scene, or has insufficient liability coverage to compensate you for all your losses.

The No-fault Insurance System

Florida follows a no-fault auto insurance system. Under this system, people involved in an auto accident must first turn to their insurance policies for coverage. Florida insurance policies must provide PIP coverage, compensating a policyholder for their medical expenses and lost income up to policy limits.

However, under Florida law, an accident victim may take legal action against an at-fault driver if the victim sustained serious injuries in the accident. As defined by state law, an accident victim who suffers a serious injury can step outside the no-fault system to pursue compensation from the at-fault driver’s liability insurance or directly from the driver.

What Steps Should You Take After an Accident With an Underinsured Driver?

After an auto accident, put yourself in the best position to pursue financial relief if an underinsured driver caused the crash and:

• Take photos or videos at the accident scene if possible for you to do so
• Get the other driver’s contact, license, vehicle registration, and insurance information
• Get contact information from any eyewitnesses to the accident
• Report the crash to law enforcement
• Notify your auto insurance provider about the accident
• Go to the hospital or your doctor’s office promptly after the accident to diagnose the injuries you suffered in the crash
• Follow your doctor’s treatment recommendations and instructions
• Keep copies of bills or invoices from expenses incurred due to the accident
• Gather your pay stubs or income statements if you miss work or have reduced income during your recovery

Finally, contact an auto accident attorney to discuss your legal options for obtaining financial relief even if the accident occurred due to an underinsured driver’s negligence.

Recovering Compensation From an Underinsured Driver

After suffering severe or permanent injuries in a car crash caused by an underinsured driver, you may:

• Accept the driver’s insurance coverage. You may take a settlement offer for the policy limit of the at-fault driver’s liability insurance coverage even though it does not provide complete compensation for your losses.
• File a lawsuit against the at-fault underinsured driver. Alternatively, you might choose to file a lawsuit against the driver who caused the accident to obtain a court judgment for your losses.
• Pursue an underinsured motorist claim. You may file an insurance claim with your auto insurer if you have purchased optional underinsured (UIM) motorist coverage with your policy. An underinsured motorist claim can provide the compensation you could obtain from the at-fault driver.

What Does Underinsured Motorist Coverage Do?

Florida insurance companies usually offer underinsured motorist (UIM) coverage as an option for auto insurance policies. With UIM coverage, your auto insurance company compensates you for losses you suffered from the accident with the other driver, including medical bills and lost income.

Your eligibility for UIM coverage may depend on having a higher policy limit for your UIM coverage than the policy limit of the at-fault driver’s liability coverage. An experienced auto accident attorney can review your auto insurance policy to determine your coverage.

Financial Recovery You Can Pursue After an Auto Accident

You may have the right to seek compensation for losses you sustained in an accident with an underinsured driver.

Depending on the circumstances, you could pursue financial relief for:

• Vehicle repair costs or the value of your vehicle if the insurance company declared it a total loss after the accident
• Medical and rehabilitation expenses, including hospital care, surgeries, doctor’s appointments, physical/occupational therapy, and prescriptions
• Long-term care for permanent disabilities, including home health care or housekeeping services
• Loss of /income from missed work or reduced earnings in a part-time/modified duty role during your recovery
• Loss of future earning capacity and employment benefits if your injuries result in a permanent disability that prevents you from being gainfully employed
• Physical pain and suffering and emotional trauma
• Loss of quality of life from disabilities or permanent scarring/disfigurement

Proving Fault for an Auto Accident With an Underinsured Driver

An auto accident attorney might use various pieces of evidence to prove fault for a crash caused by an underinsured driver.

Some evidence a lawyer might gather includes:

• • Police accident reports
  • Accident scene photos and videos
  • Eyewitness testimony
  • Surveillance/traffic camera footage
  • Driver cell phone records
  • Vehicle event data recorder (“black box”) logs if the vehicle is a commercial truck
  • Accident reconstruction and engineering reports
  • Driver drug/alcohol screen results
  • Post-accident vehicle inspections

How an Attorney Can Help You Secure Financial Compensation After an Accident With an Underinsured Driver

After getting hit by an underinsured driver, you may worry that you won’t obtain the compensation you need for your losses. Turn to an experienced auto accident lawyer to help you pursue legal options after a crash.

An attorney can prepare and pursue your case by:

• Investigating the crash to secure the evidence needed for your claim against the other driver
• Identifying other potentially liable parties besides the at-fault driver
• Evaluating your legal options for financial relief, including the extent of the at-fault driver’s insurance coverage and applicable coverages in your insurance policy
• Reviewing the terms of insurance policies and explaining your options to you to prepare you for the claims process
• Documenting your injuries and losses to gather evidence to prove your rights to compensation
• Drafting and filing your insurance and legal claims on time
• Aggressively negotiating on your behalf with the insurance companies to secure a maximum settlement for you
• Taking your case to trial when necessary to continue pursuing your legal options for a financial recovery

Frequently Asked Questions About Accidents With Underinsured Drivers

Injured motorists and pedestrians often have the following questions about their legal rights after accidents with underinsured drivers:

When Do I Need to File a Claim for Compensation After an Accident With an Underinsured Driver?

After a motor vehicle accident, you should review the terms of your car insurance policy to determine when your insurer requires you to give notice of an accident. Many policies require policyholders to notify the insurance company of an accident within a certain period, often within 30 days of the crash. The timely notice allows the insurance company to investigate the accident. Not notifying your insurer within the deadlines established by your policy may result in lost coverage.

Florida’s statute of limitations gives you four years to file a personal injury lawsuit against the at-fault driver. However, if the insurance company denies your claim in bad faith, you have five years to file suit against the insurer.

The trial court can dismiss any lawsuit filed after the statutory deadline, so you should not delay talking to an auto accident lawyer. If the court dismisses your case, you could lose your right to seek compensation in civil court. An attorney can help you timely file your insurance claim or lawsuit after a crash caused by an underinsured driver.

Will My Case Against an Underinsured Driver Go to Court?

Most auto accident cases settle before they reach a trial. However, you may need to pursue litigation against the driver if you suffer severe injuries. An experienced lawyer can negotiate on your behalf to get you fair compensation as quickly as possible in a settlement. But your lawyer will also advise you when going to court or trial gives you the best opportunity for recovering the financial resources you need to get your life back on track after a motor vehicle accident.

How Long Will It Take to Recover Compensation After an Accident Caused by an Underinsured Driver?

No one can predict the timeline for an auto accident case because multiple factors will influence the duration of a case.

However, the following factors could affect how long it takes to recover compensation after an accident caused by an underinsured driver:

• The severity of your injuries or resulting disabilities
• The number of other people injured in the accident
• The number of liable parties
• Whether you share any fault for the accident
• The policy limits of any applicable insurance coverage, including the at-fault driver’s liability coverage or any optional underinsured motorist coverage you purchased
• The speed of the insurance company’s investigation and processing of your claim
• Whether you need to file a lawsuit against the at-fault driver or insurance company
• The schedule the trial court imposes on your litigation

Do I Need a Lawyer to Talk to the Insurance Company?

Although the insurance process does not require a lawyer, having legal representation can give you a better chance of maximizing your financial recovery. Insurance companies, including your auto insurance provider, will do everything they can to minimize the value of your claim and maximize their profits.

An insurance adjuster may trick you into making statements that damage your claims. Or an adjuster may convince you that the insurer won’t increase its compensation offer. An auto accident lawyer will know the tactics that insurance companies use and will have experience negotiating with adjusters to demand the compensation you deserve under the terms of your insurance policy and the law.

If an underinsured driver injured you, contact an experienced personal injury attorney in your area to learn more about your legal options.