Can I Sue an Uninsured Driver After They Caused an Accident?

woman on phone assessing damage to car

Car accidents can bring trauma, injury and unforeseen expenses. Fortunately, Florida requires every driver to have a certain amount of car insurance in the event they get into an accident. This coverage can help compensate for the damages of those involved, regardless of fault. On the other hand, Florida’s mandatory coverage may not always be enough.

Personal Injury Protection (PIP) Coverage

Florida requires you to have personal injury protection (PIP) car insurance coverage. Also called “no-fault” insurance, PIP covers your medical expenses and lost wages should you be injured in a car accident, regardless of who is at fault.

All Florida drivers must carry a minimum and maximum of $10,000 in PIP coverage. Keep in mind that PIP coverage does not cover the entirety of your expenses. While it can cover a majority of your injury expenses, PIP only covers:

  • 80% of your medical expenses.
  • 60% of your lost wages due to injury.
  • $5000 in death benefits.

No fault laws do not apply to motorcycles.

Additional Compensation

Should your injuries be more severe, additional compensation may be sought due to mounting medical expenses. In this case, a driver may have a couple of options. They can file a lawsuit against the uninsured driver or file a claim with their Uninsured Motorist coverage policy.

Suing an Uninsured Driver

In certain scenarios, where expenses exceed the amount of coverage in their PIP coverage, a driver may opt to file a lawsuit against the at-fault and uninsured driver. However, this may not always be recommended since a driver without insurance is likely to have minimal assets for substantial compensation.

Uninsured/Underinsured Motorist (UIM) Coverage

Uninsured/underinsured motorist (UIM) coverage is extremely beneficial for every driver. In the event that you need additional compensation following an accident with a driver who lacks insurance or does not have enough, you can file a claim with your UIM coverage. In many cases, UIM coverage is equal to the amount of your PIP coverage. While not required in Florida, every insurance carrier opts the policyholder in unless rejected in writing.

Tallahassee Car Accident Attorney

Shapiro Law Firm, P.A. has been fighting for the rights and representing those injured in Tallahassee for over 25 years. If you were involved in a motor vehicle accident, we will provide you with the legal guidance you need to obtain the compensation that you deserve.

Call us today at (850) 629-7226 or fill out our form online for a free initial consultation.

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