What to Do in an Auto Accident with an Uninsured Driver
Michael Babboni
Car Accidents
Getting into any kind of auto accident can be a nerve-wracking experience especially when it was through no fault of your own. You then add the expenses relating to the accident like the damage to the car and any injuries you sustained, and these costs begin to add up exponentially. Most of the time, the insurance of the driver at fault will be liable. But what happens when the other driver who is at fault turns out to be uninsured?Most states require that drivers have some kind of auto insurance policy and Florida is no exception. So, what happens with an uninsured driver is typically left up to the individual state laws that are in place.
If the driver doesn't have insurance, then you can probably also assume that they don't have much in the way of assets either that could cover the costs involved with the accident. Even with the help of a lawyer, there is no guarantee that you will recover any damages even after taking your claim to court.
However, there are still ways you can protect yourself from falling victim to an uninsured driver. One way is to pay a bit extra on your own insurance policy to add uninsured and underinsured motorist coverage to your existing insurance policy.
Florida No-Fault
Florida is a no-fault state which means that each driver involved in the accident has their insurance pay for the damages regardless of who is actually at fault. Additionally, no-fault laws in the state actually restrict a person's ability to sue for minor damages. So, it really doesn't matter too much if the other driver is uninsured in Florida because you will still be covered.
If there were severe damages, however, then most no-fault states will then allow you to sue the other driver. When you add uninsured motorist coverage to your policy, you should also be able to get even more money from the insurance company.
File a Police Report
Even with Florida being a no-fault state and you having the coverage you need in case of an accident, you should still file a police report. Insurance companies are skeptical so having a police report in hand is always good.
File a Claim
Once you have the police report, you can file a claim with the insurance company. You should file the claim immediately following the accident, and you shouldn't wait. Make sure you also have gathered all the evidence you will need.
Hiring an Attorney
If you feel that you are entitled to compensation for injuries or damages sustained in an accident with an uninsured motorist, then you can seek the counsel of an experienced attorney to explain the no-fault laws and what you can do to recover some damages.