On Behalf of Rosenthal, Levy, Simon & Sosa | July 5, 2023 | Car Accidents
While they may vary in requirements, all states have minimum types and amounts of auto insurance that their drivers must always carry. Insurance laws protect everyone on the road, whether they suffer personal injury, property damage, or both. Yet, even with mandatory insurance requirements, some drivers refuse to obey the law, leaving others to fend for themselves if they are injured or their property becomes damaged in an accident.
Florida's Minimum Insurance Requirements
Florida's No-Fault Law requires motor vehicles registered in the state to have a minimum of:
- $10,000 in personal injury protection (PIP)
- $10,000 property damage liability (PDL) insurance coverage
Florida drivers who don't maintain the required insurance coverage could have their driver's license and vehicle registration suspended and face a reinstatement fee of $150 – $500. Uninsured drivers could also have points assessed on their license and possibly even face jail time, depending on their circumstances.
As of June 2023, Florida's uninsured motorist rate was 6.14 percent or a total of 984,833 of the total 16,038,465 Florida registrations. This rate measures the number of non-commercial vehicles registered but not insured in Florida with at least the minimum PIP/PDL insurance coverage.
What Happens if an Uninsured Driver Hits You?
If an uninsured driver hits you, you still may have some options for potential compensation for your damages.
Your Insurance Policy
You may be able to use a portion of your own insurance coverage to pay for your damages. In Florida, medical payments coverage, also known as med pay or personal injury protection (PIP), covers your medical expenses up to the amount you have elected.
Uninsured/underinsured motorist coverage isn't required in Florida, but you can elect to have it. This type of coverage will pay for your damages up to your policy limits if you are in an accident with an uninsured driver. It also applies if the driver has insurance coverage but not enough to pay for your damages completely.
For example, suppose your damages from a car accident amounted to $30,000, and the liable driver only had a $10,000 insurance policy. You could file a claim for the remaining $20,000 in damages on your underinsured motorist policy.
Filing a Lawsuit
You can also file a lawsuit against the at-fault party to obtain the compensation you deserve for your damages. However, often, if a motorist doesn't carry the minimum insurance coverage, they don't have many assets to start with. So, you could litigate your case and win. But your lawsuit doesn't do much good if they don't have any assets, you can go after to receive a financial recovery. Discuss this option with your attorney, as it could be successful under some circumstances.
Were You in An Accident with an Uninsured Florida Driver?
Unfortunately, despite Florida's insurance laws, some drivers still refuse to purchase the minimum insurance coverage in the state. If the driver who hit you was one of them, the experienced Florida car accident lawyers at Rosenthal, Levy, Simon & Sosa can help review your options and represent your claim. Call us today at 561-478-2500 or online to receive your free case consultation.
Gerald A. Rosenthal
Retired
Since opening the firm now known as Rosenthal, Levy, Simon & Sosa more than 40 years ago, Gerald A. Rosenthal has been a dedicated champion of the everyday hero – police officers, firefighters, teachers, nurses, construction workers, farm workers, and more. Passionate about preserving the civil rights of laborers, he has fought tirelessly against giant insurance companies who deny the injured workers their benefits. It’s not just the lawsuit Rosenthal fights to win – he is driven by the opportunity to restore his client’s quality of life.
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