Car accidents are already stressful enough to make your pulse spike and derail your day in seconds. But then you find out the other driver does not have insurance. What happens then? Who will pay the bills?
Below, this car accident lawyer in Lakeland, Florida is going to explain what really happens when the driver who hit you can’t (or won’t) cover the damages.
Florida’s no-fault system is your first layer of protection.
Florida has Personal Injury Protection (PIP). It pays for your medical care even when the other driver is uninsured.
Under Florida law, every registered car owner must carry at least $10,000 in PIP coverage. It covers 80% of your medical bills, up to that $10k cap, assuming you get treatment within 14 days of the accident.
Miss that 14-day window, though, and PIP might not pay you a single penny. Talking to a car accident lawyer in Lakeland, Florida early can also help you understand how PIP works with the rest of your claim.
Florida does not require drivers to carry bodily injury liability coverage. Some people have the bare minimum. If one of them hits you, they might not have any insurance at all to cover your pain, your lost wages, or the long-term costs that add up over months.
Uninsured motorist coverage is the safety net most people forget about.
If you bought Uninsured/Underinsured Motorist coverage (UM or UIM), it will act like a backup plan for when the at-fault driver has zero coverage or not nearly enough to cover your losses.
Many people skip UM coverage because they want to save money on insurance premiums. But when an uninsured driver hits you, UM can pay for things PIP won’t, like pain and suffering, long-term medical care, and even lost income if you can’t work for weeks or months.
Without UM, you might have to sue the other driver directly. And if they did not have insurance, they probably don’t have enough money to pay your medical bills either. This is what makes UM coverage worth every penny.
When can you go after the at-fault driver directly?
Florida’s no-fault system limits lawsuits unless your injuries are serious. You must have a permanent injury, major scarring, or loss of a major body function before you can take the at-fault driver to court for pain and suffering.
Florida also uses a modified comparative negligence rule. If you are more than 50% at fault for the accident, you can’t collect anything. If you are 50% or less at fault, your compensation will be reduced by your percentage of fault. So, proving who caused the accident is very important.
The steps you should take right after the crash.
First, call the police. Florida law requires reporting crashes with injuries or at least $500 in damage, so getting an official police report can protect you legally.
You should also see a doctor immediately after the accident. Even if you feel fine, you need documentation for your PIP benefits and possibly for UM coverage. If you wait too long, insurance companies will jump at the chance to say that your injury was not serious, or it was not from this crash.
Finally, carefully read your insurance policy. See if you have UM coverage and check the limits. This is where a car accident lawyer in Lakeland, Florida earns their keep. They can help you understand what coverage applies and make sure claims are filed correctly.
How are repairs and medical bills paid?
PIP pays first, but it caps out fast at $10,000. After that, your health insurance or UM coverage takes over if you have it.
For car repairs, your own collision coverage will pay for that if the other driver can’t. Property damage liability coverage only helps if the other driver bought it.
Without UM or collision coverage, you would have to pay out of pocket or sue the at-fault driver directly. And we have already talked about how hard it is to collect money from someone who did not buy basic insurance.
Planning your coverage before an accident (and finding an experienced lawyer after one) makes all the difference in the world.
Looking for a car accident lawyer in Lakeland, Florida?
If you have been in a crash and need an experienced car accident lawyer in Lakeland, Florida, Tonya Stewart and her legal team are ready to help. We will review your case and make sure you are not leaving money on the table. Contact us today at (863) 279-4473 to schedule a free consultation.