What Do I Do If I Am Hit by an Uninsured Motorist in Florida?

If you are hit by an uninsured motorist in Florida, you should call the police, try to get the other driver’s information, report the motor vehicle accident to your insurer, and contact a personal injury lawyer. Following these steps will improve your chances of recovering the compensation you need for an accident that was not your fault.

The Insurance Information Institute estimates that 13 percent of drivers in the United States are uninsured. In Florida, the percentage of uninsured drivers is higher than the national rate. Approximately 20 percent of the drivers on the state’s roads lack mandatory auto insurance.

If you have been injured in an accident caused by an uninsured motorist, you should know your rights and options under the law. The personal injury attorneys with Zervos & Calta, PLLC, are here to help you pursue the compensation you need and deserve. Get in touch today for your free consultation.

Does Florida Require Auto Liability Insurance?

In Florida, all drivers must have a minimum amount of auto liability insurance, or insurance that covers bodily injury and property damage causes others to suffer in a crash. The minimum limits for liability coverage in Florida are:

• $10,000 for bodily injury liability per person
• $20,000 for bodily injury liability per accident
• $10,000 for property damage.

Drivers found to be operating a vehicle without the required liability insurance can face penalties that include fines and suspension of their driver’s license.

Is Uninsured/Underinsured Motorists Coverage Mandatory in Florida?

In contrast to liability insurance, Florida law does not require drivers to carry uninsured/underinsured motorist coverage (UM/UIM). However, at Zervos & Calta, PLLC, we believe it’s important for drivers in Tampa and throughout Florida to have this car insurance. Given the high number of uninsured and underinsured drivers on our roads, turning to your own coverage may be necessary. In this sense, UM/UIM can provide greatly needed protection.

Your auto insurance policy should include UM/UIM unless you opted out of the coverage in writing. If you have any questions about your coverage, an attorney can review the policy and help you understand what it covers.

Are There Other Sources of Compensation When an Uninsured/Underinsured Driver Hit You?

If an uninsured or underinsured driver causes a crash that leaves you with injuries, you may have other compensation sources available. Florida is a no-fault insurance state. So, your policy should provide personal injury protection (PIP) coverage as well. PIP coverage will compensate you for up to 80 percent of your medical expenses and 60 percent of your lost wages, regardless of who caused the crash.

You might also have Medical Payments (MedPay) coverage, which can help with your medical expenses. Additionally, if you have collision and comprehensive coverage, you may file a claim with your own insurer to seek reimbursement for the repair or replacement of your vehicle. If necessary, you could also pursue a judgment lien against the other driver, which may require the driver to turn to their own assets to pay what is owed.

What Is the Deadline for Filing a Claim with My Own Insurer?

Most insurance companies set the deadline for filing a claim within the terms of the policies they issue. So, you should review your policy closely or seek guidance from a lawyer in determining the time limit that applies to you and your potential car accident insurance claim. Because of this deadline, it is a good idea to meet with a lawyer about your crash as soon as you are able to do so.

Timely notice can also increase the chances of a successful outcome. If you wait too long to file your claim, your insurer may argue that this delay has resulted in an inability to gather or preserve evidence, or that the delay has caused the statute of limitations to expire. This could potentially result in a denial of coverage or reduced compensation for your losses.

Is There a Time Limit for Filing an Injury Lawsuit in Florida?

Yes. Florida has a two-year statute of limitations for filing a personal injury lawsuit. If you have been injured in an accident, you have two years from the date of the accident to file a lawsuit. After the two years have passed, you can lose your right to pursue legal action against the liable party or parties.

The statute of limitations may vary depending on the specific circumstances of your case and the type of claim you are filing. It’s best to consult with a Florida personal injury lawyer to understand the specific steps and details that you will need to follow to file a claim as well as the deadline.

What Should I Do After My Car Accident in Florida?

Here are the steps you can take to protect yourself and your legal rights after an auto accident of any kind in Florida:

• Check for injuries — Check to see if you or anyone else is hurt. Call 911 if necessary.
• Move to a safe location — If possible, move your car to the side of the road. If the car is not operable, turn on your hazard lights and stay in the car.
• Call the police — The police will create an accident report, which you can submit as evidence later.
• Exchange information — If the other driver stays at the scene, get as much info about them as possible, including car insurance information. At this point, you may discover that the driver lacks mandatory insurance, or an officer may charge the driver for driving without it. Also, take note of the other car’s make, model, and license plate number.
• Take photos — Use your phone to take photos of the cars, the scene of the accident, and any injuries. These photos will help to substantiate your claims.
• Seek medical attention — Get to a doctor, even if you feel fine. A doctor can check for any injuries you may have suffered. Keep in mind that some injuries are readily apparent, like a broken arm, but other injuries may be hidden, like traumatic brain injury. It is crucial for a doctor to examine you.
• Notify your insurance company — The terms of your policy likely require you to report the accident to your insurer in a timely manner. Provide them with the basic details of the accident. However, you should speak with an attorney before giving a recorded statement.
• Contact a lawyer — An attorney can help you understand your legal options if the other driver was uninsured and can help you to seek compensation for your injuries and other losses.

Our Experienced Florida Car Accident Lawyers Are Ready to Help You

Navigating the legal process after being hit by an uninsured motorist can be confusing and stressful. At Zervos & Calta, PLLC, our attorneys can serve as your guides and help you to seek a positive outcome. Contact us today to get started with your free consultation.

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About the Author

Angela Zervos
Angela has spent more than 20 years of her legal career fighting for personal injury victims – and against big insurance companies. As a true trial lawyer, she takes on a wide variety of personal injury claims, including those involving motor vehicle accidents, slip-and-fall accidents, medical malpractice, traumatic brain injuries, and wrongful death. Prior to starting her own law practice, Angela secured more than $80 million in settlements and jury verdicts for her clients – a 90 percent success rate since 2002. Her efforts on behalf of her clients have resulted in numerous accolades. For example, Angela maintains a “Superb” 10.0 rating from AVVO, an “AV Preeminent” rating from Martindale-Hubbell, and she is ranked among the Top 100 civil trial lawyers by the National Trial Lawyers Association. Zervos & Calta, PLLC serves the entire Tampa Bay area – including Pinellas County, Pasco County, Hernando County, and Hillsborough County – from offices in Tarpon Springs, Spring Hill, Clearwater, and St. Petersburg.