Did you know that in Florida, there’s a statistic showing that about 20% of drivers on the road don’t have insurance coverage? That means the likelihood of you getting into an incident with such a motorist is fairly high.
What to do if hit by an uninsured driver? This is an important question to consider, because in these situations, we all need to understand who to claim compensation from, how much we might be entitled to, and who can actually help us.
Key Takeaways
- Review what kinds of recoveries you’re eligible for when the other motorist has no papers.
- Important information on what you require to receive the settlement.
- Reasons why it’s beneficial to have a specialized attorney handle these suits.
Grounds: What to Do If Hit by an Uninsured Driver
In Florida, if the person who provoked the casualty doesn’t have vehicle cover, it’s considered an administrative offence, and they can have their licence suspended and be fined. But, put simply, that’s not really your issue. But the main question for you is this: what to do if hit by an uninsured driver?
The first step you should take is make sure everyone’s safe, contact the police for a report, and then ask if the other driver actually has motor insurance. It’s understandable that in these moments everyone is on edge, but try to stay in control of your emotions and bypass conflicts, don’t discuss fault, and instead register the other party’s details, the vehicle signup, and all appropriate data so you can start a claim under Uninsured Motorist options.
Then check whether you have UM/UIM in your paperwork. It’s a vital part of the deal with your insurer and a massive help on top of the basics, since it’s built exactly for these kinds of situations. If this clause is present, then you will receive repayment for personal injury expenses and loss of earnings if the tortfeasor has no policy or if their limits are insufficient to repay for your troubles.
After gathering all the data, call your company.
No-Fault Law: What Happens If You Are Hit by an Uninsured Driver
It’s unpleasant to imagine a situation where, after being hit on the highway and being in shock from the incident, it also turns out that the other individual doesn’t have the necessary papers in their glove box. However, Florida a no fault state legislation provides a genuine opportunity to get out of this situation without debts.
What happens if you are hit by an uninsured driver? Let’s look at what payouts you are entitled to under the state’s legal framework.
The way the local laws work, if you can’t get a cent from the person who hit you, fall back on our own policies—things like PIP insurance or our UM package.
- PIP is a mandatory component in the state, and it means our own insurer steps in to pay no matter who generated the casualty. Note, however, it only pays 80% of hospital outlay and 60% of other losses, and the limit, unfortunately, is $10,000.
- The UM addition is an option that is not mandatory, but it expands your settlement possibilities beyond the PIP limits.
An important nuance you must not miss is that the time limit for diagnosing your condition is 14 days; otherwise, your financial payment options will be significantly limited.
Compensation in Hit by Uninsured Driver Cases
Instead of disputing fault at the scene, you should focus on effectively utilizing the resources you have already secured through your PIP and UM coverage.
- The first step is an uninsured-driver claim addressed to your provider. This is the main reward that you are guaranteed to receive. But the actual cifra you will be awarded depends on the paperwork justification. You must have on hand all the data from the other party, the police report under the hit by uninsured driver section, photos, and hospital bills. Submit the notification within 24–72 hours.
- If you have uninsured driver coverage, the process is more complicated, as your insurer may try to pay less in this case. You or your legal representative will submit a formal letter of demand for a specific sum. Subsequently, the insurer will assign an adjuster to investigate the details. A low counter-offer is common practice; therefore, to achieve a figure that you believe is fair, you need to gather strong arguments.
- There is another option — legal proceedings. This usually happens when the insurer refuses to pay or when you can’t agree on the sum. Also, a lawsuit is the only path if you don’t have an additional option and you want to get recompense. At the same time, there is a timeframe called the Statute of limitations. You have a strict deadline of two years from the date of the casualty to lodge a recovery pursuit and four years for material losses, so don’t put it off.
Accident with an Uninsured Driver – The Role of a Lawyer
Legal representation is not a mandatory requirement after a car accident. However, a good uninsured motorist accident lawyer often helps achieve a fairer settlement. They know how to get every penny out of your policy, plus they take all that paperwork off your plate and keep you from falling into any legal traps.
A counselor also helps correctly assess total harms, accounting for future medical complications. This is especially relevant in an uninsured driver accident case, where the procedure of proving can be complicated by bureaucratic nuances.
In a no-fault state lawsuit, a lawyer provides professional representation and uses expert resources to establish a well-supported case.
Conclusion
What to do if hit by an uninsured driver? Understand your policy and initiate the process.
Do you need an attorney? According to statistics, clients with legal representation receive payouts on average three times higher. Plus, most Florida attorneys only get paid if you win.
What happens if you are hit by an uninsured driver or involved in a hit-and-run accident? Contact our team at Kremenchuker Law Group. We won’t just give you a consultation; we’ll take on your case and start working for you immediately.
