Getting into a car accident is already a stressful experience, and that stress only gets worse when you learn that the other driver does not have insurance. Below, this auto accident lawyer in Bartow, Florida will explain what actually happens in these situations — and we’ll also tell you how you can still recover money to cover your injuries and losses even when the other driver is uninsured or underinsured.
This is how insurance works under Florida’s no-fault law.
Florida uses a no-fault insurance system, where each driver’s own insurance pays for some costs after an accident regardless of who was responsible for it. The law says that you have to carry Personal Injury Protection (“PIP”) and that usually covers up to 80% of your medical expenses up to $10,000.
Even though PIP sounds like a good safety net, it does not cover everything. If your injuries are serious and your medical bills go beyond what PIP will pay, you could be left with large unpaid bills. And if the other driver does not have liability insurance, it becomes even harder to recover that extra money, which is why speaking to an experienced auto accident lawyer in Bartow, Florida can be so important in these cases.
UM coverage fills in the gaps.
Florida does not require drivers to have Uninsured Motorist (UM) coverage, but it can be a financial safeguard after an accident. If you are injured by someone who has no insurance or not enough, UM coverage can cover your extra medical costs, pain and suffering, long-term treatment, and lost income.
In Florida, you can also legally “stack” UM coverage and combine coverage limits from different vehicles under one policy. This can give you more money to work with after a major car accident. For example, if each car has $50,000 in coverage, stacking would give you up to $100,000 total coverage if you are injured by an uninsured or underinsured driver.
Talking to an experienced lawyer is advisable. They can check your policy, see if you have stacked or unstacked coverage, and help you file a complete claim. With their help, you will have a better chance of getting all the benefits you are entitled to.
What if you don’t have UM coverage?
If you did not add UM coverage to your policy and the other driver has no insurance, your next option might be to sue them directly for damages. But taking this route has its own challenges because many uninsured drivers don’t have enough money or property to pay what you win in court. Even if you get a court judgment, collecting the money could still be extremely hard.
An experienced Bartow lawyer can investigate the at-fault driver’s financial background to see if going to court is worth it. They might check if the person owns any property, has a steady income, or if their wages could be legally garnished. Sometimes, even the threat of a lawsuit is enough to push someone toward a small settlement, which may not cover everything but could be better than nothing.
Don’t miss the two-year deadline to file your claim.
According to Florida Statutes § 95.11, you only get two years from the date of your accident to file a claim. If you wait too long, you could lose your right to ask for compensation, and this is why you should consult with an auto accident lawyer in Bartow, Florida as soon as possible. They will take care of the paperwork and timing, so you don’t have to worry about missing that deadline.
Looking for an Auto Accident Lawyer in Bartow, Florida?
Have you been injured in a car accident and just learned that the other driver was not insured? If so, and if you want to partner with an experienced auto accident lawyer in Bartow, Florida who can protect your rights, we are just a call away. Tonya Stewart and her legal team at Tonya Stewart Law PA can walk you through the options and fight to get you every dollar you deserve. Contact us today at (863) 279-4473 to schedule a free consultation.