Florida insurance law imposes a duty on all drivers to carry minimum insurance coverage of:
• $10,000 in personal injury protection (PIP).
• $10,000 in property damage insurance.
Unfortunately, many drivers in Florida drive with no insurance at all. Alternatively, purchasing only the bare minimum required insurance coverage can result in a situation where the at-fault driver is underinsured in the case of a car accident that causes severe injuries or property damage.
If you have been injured in an accident that was caused by an uninsured or underinsured motorist, several options exist for recovering compensatory damages. Because Florida is a no-fault state, injured parties first look to their own insurance policies for compensation. Assuming that your own insurance coverage is insufficient relative to the amount of the injuries and damage, and the coverage of the at-fault party is also insufficient, the following options may be available to secure adequate compensation for the injured party:
• Uninsured Motorist Coverage:
When an individual purchases bodily injury liability insurance, the policy will include uninsured motorist (UM) coverage in the same amount as the bodily injury liability coverage that is purchased. This coverage kicks in when the at-fault driver is either underinsured or uninsured, and it must be contained in the insurance policy, unless the insured individual specifically waived this coverage.
• Combining Policies:
In some cases, an injured party may be covered in some way by more than one insurance policy. For example, two policies insuring two different cars. Some policies may allow each policy to be accessed for injuries resulting from the same accident.
• Personal Injury Lawsuit:
It is possible to pursue a claim for compensatory damages against the uninsured or underinsured motorist insurance company. Because some vehicle owners and drivers do not have liability insurance coverage for pain, suffering, emotional distress, or simple inconveniences, a personal injury lawsuit may be the only avenue to recovering these types of damages.