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What Happens After a Car Accident with an Uninsured Driver?

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Posted By Legal Team | October 10 2023 | Car Accidents

If you or a loved one are injured or sustained property damage in a car accident caused by an uninsured driver, this could complicate the process of recovering compensation. However, Florida is a no-fault auto insurance state, so the first place individuals typically turn for compensation after a crash is their own insurance carrier. Here, we want to discuss the implications of accidents involving uninsured drivers, particularly if the incident causes severe injuries or death.

Florida and No-Fault Insurance

One of the benefits of no-fault auto insurance is the fact that individuals will turn to their own insurance carrier to receive compensation regardless of who caused the incident, and this often means they can recover compensation quicker. Without having to prove the fault of the parties involved, uninsured driver crash victims will typically be able to receive compensation for their medical bills soon after the incident occurs. 

No-fault insurance in Florida will usually pay 80% of any medical bills as well as 60% of lost wages. If an accident involving an uninsured driver occurs, individuals will turn to their own insurance carrier like they would after any other incident to recover compensation for their losses.

What About a Personal Injury Lawsuit?

Car accident victims in Florida typically are not able to file personal injury lawsuits against another party involved unless their claim rises above certain statutory thresholds for no-fault insurance. Florida’s serious injury thresholds allow crash victims to recover various types of losses by filing a personal injury lawsuit against the alleged negligent party. These thresholds include the following:

  • Significant or permanent loss of a bodily function
  • Significant or permanent disfigurement or scarring
  • Permanent injury
  • Death 

If an accident with an uninsured driver breaches these thresholds, the victim can file a personal injury lawsuit against the at-fault party. However, we do want to provide some caution in these circumstances. If a driver does not have auto insurance, the chances of them having the assets to pursue compensation from are relatively low. We encourage you to speak to a knowledgeable car accident attorney who can help examine the facts of your case and work to determine the best steps forward for your situation.

Steps You Can Take to Help Your Claim

If you have been injured in an accident with an uninsured driver in Florida, there are various steps that you can take to help preserve the integrity of your claim.

  • Medical treatment. Accident victims need to seek medical treatment immediately after the incident occurs. Sometimes, hidden injuries do not appear until hours or days after the incident, but prompt medical care can help uncover these hidden injuries and help establish a timeline between the uninsured driver crash and any injuries that arise.
  • Reporting the incident. Law enforcement officials need to come to the scene of the accident to investigate the incident and fill out an accident report. They will also likely cite any uninsured drivers.
  • File the claim. Your personal insurance carrier should be alerted to the incident the same day it occurs, but this initial report does not need to go into much detail. File the claim through the online app, through a computer, or over the phone.
  • Call an attorney. A skilled car accident attorney should get involved as promptly as possible to offer a free consultation and determine whether or not they will be able to help you move forward with your case.

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