Encountering an uninsured or underinsured driver after an accident can significantly complicate your recovery process. At DWK Law, our Orlando car accident lawyers understand how distressing this situation can be, especially when dealing with the aftermath of a vehicle collision. This guide outlines the steps you should take if you find yourself in this scenario in Orlando, Florida, ensuring you’re prepared to handle the situation effectively.
Immediate actions post-accident
First and foremost, ensure the safety of all parties involved and call 911 if there are any injuries. Regardless of insurance concerns, documenting the accident is crucial:
- Take photographs of the accident scene, including all vehicles involved, any visible damage, and road conditions.
- Exchange information with the other driver, including their name, contact details, and any insurance information they can provide.
- Collect witness statements and contact information if possible.
- Obtain an accident report from the reporting agency if possible.
Dealing with an uninsured or underinsured driver
Personal Injury Protection
Florida is a no-fault state, which means your auto insurance policy’s Personal Injury Protection (PIP) will cover your medical bills and other specified damages, regardless of who caused the accident. However, PIP only covers up to $10,000, which can be quickly exhausted in serious accidents.
Uninsured or underinsured motorist coverage
If you have uninsured motorist (UM) or underinsured motorist (UIM) coverage as part of your auto insurance policy, you can file a claim for additional damages, including bodily injury and certain other losses that exceed your PIP limits. This coverage is crucial in Florida, where a significant number of drivers are uninsured.
Can you sue if the other driver is uninsured?
Yes, you can sue if the other driver is uninsured. If the uninsured driver is at fault for the accident and your damages exceed what your own insurance covers, you have the right to pursue a lawsuit to seek compensation for additional losses such as medical expenses, lost wages, and pain and suffering. However, it’s important to consider whether the at-fault driver has enough assets to make pursuing a lawsuit worthwhile. Consulting with a personal injury attorney can help you understand your options and the best course of action based on your circumstances.
Consulting with an attorney
Navigating the complexities of insurance claims and potential lawsuits requires expert advice. Consulting with a personal injury attorney, like those at DWK Law, can provide you with the guidance needed to make informed decisions. Our team can help you:
- Review your insurance coverage to understand the specifics of what is covered.
- Assess the feasibility of pursuing a lawsuit against the uninsured driver.
- Handle all negotiations with your insurance company to ensure you receive the maximum compensation available under your policy.
Hurt in a crash with an uninsured driver? We’re ready to help.
Finding out the other driver is uninsured or underinsured can add an extra layer of stress to the already daunting experience of a car accident. With DWK Law by your side, you can navigate this challenging situation with confidence. We’re committed to ensuring you understand your rights and options under Florida law and to helping you pursue the compensation you need to recover.
If you’re dealing with an uninsured or underinsured driver in Orlando, contact us today to see how we can assist you in protecting your interests and achieving the best possible outcome.
