Florida is a no-fault state, so all motorists must have their own insurance to cover their damages in an accident. Sometimes, your damages may be worth more than your insurance coverage. You may need to file a claim against the responsible party in such a case. Getting these damages from the at-fault party might be challenging, especially if you don't have the legal knowledge and the other party doesn't have insurance.
Contacting a Tampa uninsured motorist accident lawyer is the best way to go about this case, as they know the legal processes to follow.
Tampa Insurance Laws
According to the Florida Department of Motor Vehicles, Florida requires all four or more wheeled vehicles to maintain auto insurance coverage. You should have this insurance and show proof of coverage when registering your vehicle.
Other drivers can be required to have Bodily Injury Liability (BIL) insurance. This coverage helps pay for severe injuries or death from a car accident. It is mainly for drivers with previous accidents or violations.
In addition to the PIP, PDL, and BIL, insurers also offer optional coverages such as comprehensive, collision, and uninsured motorist coverage. These are all designed to help victims of car crashes and their damages.
Uninsured Motorist Accident Liability
Filing an insurance claim against an uninsured motorist is nearly impossible unless you can determine liability. A Tampa uninsured motorist accident lawyer can help you determine the party at fault and help you file the relevant claims against them.
Liability can sometimes fall on more than one party, making the process even harder. Some of the parties that might be responsible for your accident include:
- The other driver
- The driver's employer, if they were driving a company car
- Car manufacturer
- The auto body shop, if they failed to conduct proper maintenance checks
More than one party can carry the blame for the accident, making the fault determination process even more complicated. The good news is there are ways you can prove liability even when multiple parties are involved.
How to Establish Liability
To establish liability in an accident, you must show that the responsible party was negligent. To prove negligence, you must prove:
Duty of Care
It would help if you showed that the other party owed you a duty of care. All motorists owe other drivers a duty of care and must behave to keep others safe. Other parties owe you a duty of care, such as the road municipality, car manufacturers, and local authorities. They exercise this by ensuring the car is fully functional, the roads are safe, and other factors protect your right to use the road.
Breach of Duty of Care
A Tampa uninsured motorist accident lawyer can help you prove that the responsible party didn't exercise their duty, breaching the duty of care. You will need to show that their actions were not the same as those of a reasonable person.
You also must connect the other party's negligent actions to your accident. You should be able to prove that their breach of duty resulted in the accident and the subsequent injuries and other damages, such as property damage.
You and your lawyer should also prove that the accident directly relates to the damages you incur. This involves medical and rehabilitation bills, lost income, and pain and suffering. You can use medical and police documentation to prove that your damages resulted from the accident.
The most straightforward way to get compensation for your damages is by claiming your uninsured/ underinsured motorist coverage. Your Tampa uninsured motorist accident lawyer can help you file the necessary documents to get you compensation.
Your options for recovering compensation in an uninsured motorist accident are, therefore:
- Your Personal Injury Protection Coverage
- Uninsured motorist coverage
- Any other insurance coverage you might have
Receiving Compensation from an Uninsured Motorist
Another way you can recover compensation for an uninsured motorist accident is by going after the uninsured driver. Judges are unlikely to give you a large amount of compensation from the other driver if they cannot afford it.
However, you can file a personal injury claim against them. A Tampa uninsured motorist accident lawyer can help you explore further avenues to get you a fair settlement.
One of the ways they can do this is by determining if the uninsured driver has hidden assets or money that they can use to pay you. Your lawyer can run a credit check against the driver, discover the assets, and freeze them to prevent the uninsured party from moving their money. Your lawyer can also place a lien on their property or garnish their wages to get you compensation, although it can still be difficult getting a judge to allow this.
Choose Dolman Law Group for Your Uninsured Motorist Accident Case
Determining liability and filing for compensation against an uninsured driver is one of the hardest things. Our lawyers simplify this process for you, exploring all possible options to ensure you get the justice you deserve. We can represent you with your insurance company and even help you file claims against the uninsured motorist. Call us today or schedule a free consultation to learn more about your case.
13513 Prestige Pl. Suite 103
Tampa, FL 33635