If you got into an accident with an uninsured motorist, you're probably thinking you'll never get compensated for the injuries and damages you've incurred. It may seem hopeless dealing with an accident such as this type. You may want to reach out to an Orlando uninsured motorist accident lawyer to guide you through the legal process and get the help you need.
What Happens When I Get Hit by an Uninsured Driver?
Most people have insurance, but if you get hit by someone who isn't, it can be nerve wracking and complicate matters. Even though the uninsured driver will most likely get a ticket or more for driving without having insurance, unfortunately that doesn't help you get back the money from any losses you incurred from the accident. However, you do have other options.
Depending on the severity of the accident, you might have enough coverage under your Personal Injury Protection (PIP) insurance. In Florida, by law every driver is required to have Personal Injury Protection. So, when you purchase insurance, you are automatically covered under PIP as well.
This type of insurance protection comes into play when you get hit by an uninsured driver and are injured. The only problem is that it doesn't cover everything but will cover the following:
- 80% of “reasonable” medical costs related to the accident
- 60% of lost wages due to the accident
- $5,000 for death benefits
You can be left with a lot of gaps with this coverage and have to come up with additional money. An Orlando uninsured motorist accident lawyer can help you determine if your insurance coverage is adequate to cover your damages.
Will Uninsured Motorist Coverage Help If I Have It?
You may or may not have uninsured motorist coverage. This insurance is not mandatory in the state of Florida. So, you would have had to request or accept it when you signed up for insurance. If you do have this insurance, it can assist you in an accident with an uninsured motorist.
The amount of your coverage may not be enough to take care of the damages. You'll have to check with your insurance company to find out how much your policy will pay out. Usually, it's close to the amount of your personal liability insurance.
Filing a Claim Against the Uninsured Motorist
In some instances, it may be the best course of action to file a personal injury claim against the uninsured motorist. If the uninsured driver has the ability to pay for your damages but just failed to get insurance or let it lapse by accident, you may have a case.
Of course, if the person failed to buy insurance because of lack of funds, then it will be very difficult getting a settlement from them to cover your damages. An Orlando uninsured motorist accident lawyer can look into the case for you to see if this is the best way to go or if other methods would provide more compensation for you.
Florida Negligent Laws
An attorney can help you to establish that the other party was negligent, so you can collect a greater amount for your damages. In Florida, the negligence laws are comparative. This means, the fault for the accident will be compared, and the blame divided up between the two parties.
Each party will get a percentage of the blame. The more you are at fault, the less your award amount will be. So, an Orlando uninsured motorist accident lawyer will need to prove the following:
- The motorist owed you a ‘duty of care' - every driver has a legal duty to act reasonably and avoid injuring other people. When people fail to meet this legal duty, they may be "liable" (responsible) for the harm they cause.
- The motorist breached their duty of care - This will be shown by proving the other driver was negligent.
- The accident was the direct cause of your injuries.
Will Health Insurance Help Cover My Injuries?
Just like any other medical emergency, you can use your health insurance to get treatment. After an accident with an uninsured motorist, you are encouraged to seek medical assistance to ensure your injuries don't become worse. You may wonder how much your policy will cover which will depend on what type of insurance and policy you have. Regardless of what insurance you have, there are usually some out-of-pocket costs that you will have to pay, such as co-payments and deductible fees.
Unfortunately, you may have to pay for some of your medical costs, which could be significant depending on the severity of your accident. It may be helpful to discuss your options with an Orlando uninsured motorist accident lawyer to help guide you in the right direction for recovering damages.
Steps to Take After an Accident with an Uninsured Motorist
There are a few important steps to take to help your case after an auto accident. These may seem obvious, but sometimes in the heat of the moment, you forget what should be done to cover all your bases. These steps are as follows:
- Write down what occurred when your memory is fresh;
- Take pictures if it will bring more clarity to the case;
- Fill out a police report;
- Get a medical check-up;
- Talk to an attorney.
Contact an Orlando Uninsured Motorist Accident Lawyer
At the Dolman Law Group, we will review what options you may have to recover damages and let you know what to expect moving forward. Don't hesitate to take action today by setting up an appointment with us. Contact the Dolman Law Group to arrange for a free consultation.
Orlando Office
1701 Park Center Drive, Suite #240-G
Orlando, FL 32835
Phone: (407) 759-4565