Getting into an accident with anyone is traumatic and possibly very painful. But when the other, responsible driver doesn't have insurance to cover your injuries and future recovery needs, it's even worse.
Unfortunately for Florida’s residents and visitors, the chance of this happening are higher than the national average. It's estimated that as many as 20%
of drivers in the state don't have the required insurance.
What can and should you do in this situation? Here's what you need to know about uninsured drivers, insurance options, and alternatives to get the financial compensation you need.
What Does the No-Fault Rule Mean?
In Florida, as in a number of other states, your own insurance coverage kicks in when you're in an accident — regardless of who was or was not at fault. This means your immediate injuries and recovery is usually paid for first by your own auto insurance carrier. This speeds up the process of getting the medical and mental health treatment needed after an accident.
However, just because your insurance company must pay for your care doesn't mean that no-fault insurance rules are all on your side. In exchange for this quick and usually reliable coverage, victims are not always allowed to sue for damages that fall into the category of pain and suffering. This limits how much you may get from the standard insurance route.
Will Your Insurance Company Seek Reimbursement?
While you receive help with medical costs from your own insurance carrier, they may seek reimbursement from other parties. This is known as subrogation, and it's the practice of an insurance company that paid expenses under uninsured motorist coverage to get money in return from others who are at fault.
If the other driver had any sort of relevant insurance, your insurance company may bill that company. And if they may be able to recover money from the uninsured driver themselves, suing for compensation is an option. While you are tangentially involved in these attempts at subrogation, though, the outcome doesn't affect how much you get (or don't get) from your insurer.
Can Other Insurance Coverages Apply?
Standard liability auto insurance is the go-to for car and truck accidents, but is it your only option for payment? Sometimes, but not always. The most common alternative insurance policy you might put a claim against is your own uninsured motorist coverage. This non-mandatory insurance is designed to take over in exactly this situation. However, not every Florida driver has such coverage, and it may have a low limit.
Another place to look is related insurance policies that at-fault parties may carry. For instance, if the driver wasn't personally insured, perhaps they were driving a vehicle that was covered under a different policy. If you can find out more about this, you may have a third party to seek damages from. Less common insurance policies, such as those involving a company-owned vehicle or ride-share policy, may also help.
Can You Sue for Damages?
If your own insurance and any other policies you can tap into don't cover your own major injuries, what else can you do? There are usually two routes you may take.
The first is to directly sue third parties who bear some responsibility. For instance, if your accident occurred at a flooded intersection, you may be able to build a case arguing that the local transportation department bears some fault for not fixing flooding issues or installing protective measures. Or perhaps other drivers who acted negligently or recklessly contributed to your accident in some way.
The second route is to sue the at-fault driver for personal injury. This may sound like a no-brainer, but it does bear some risk. A personal injury case is an additional expense and investment of time and energy with the hopes of a settlement or judgment in your favor. Clearing the hurdles to win your case may be relatively easy, but it may also be difficult depending on the circumstances.
However, the process isn't over just because you win a judgment. You must then work to actually get compensation from the losing party. If they have plenty of assets — as evidenced by their car, property, or income — this can be reasonably straightforward. But if the uninsured driver doesn't have much themselves, getting that money from them may be very difficult. In extreme cases, it may be impossible.
Where Can You Start?
Unfortunately, if you discover that the other driver doesn't have the insurance coverage you need for a full recovery, you may face an uphill battle. The best place to get help is by consulting with an experienced Florida personal injury lawyer as soon as possible.
The Law Offices of David A. Helfand, P.A.
, can help. For nearly 30 years, we've assisted Florida accident victims in getting what they deserve after an accident. Call today for a free initial consultation to see how we can help you too.
