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What Happens if I Don’t Have Enough Insurance to Pay For My Damages?

Home  >  Blog  >  What Happens if I Don’t Have Enough Insurance to Pay For My Damages?

April 8, 2025 | By Gerald A. Rosenthal
What Happens if I Don’t Have Enough Insurance to Pay For My Damages?

On Behalf of Rosenthal, Levy, Simon & Sosa | April 8, 2025 | Car Accidents

There is no denying that Florida is one of the most expensive states when it comes to car insurance costs. To avoid expensive premiums, many people may opt for lesser coverage, although that comes at its own price. Inadequate auto insurance coverage is one of the main reasons that individuals find themselves in debt. While you may be able to file a claim with the at-fault driver’s insurance company or personally sue the individual, if you do not meet certain criteria, you may be barred from recovery.

The attorneys at Rosenthal, Levy, Simon & Sosa have been assisting motorists for over three decades in recovering the compensation that is rightfully theirs. In this blog, our West Palm Beach car accident attorneys discuss Florida auto insurance laws and the ramifications of having inadequate coverage.

Florida Auto Insurance Basics

Florida is a no-fault state, requiring that drivers submit claims with their own insurance companies to recover for their injuries. Florida drivers are required to carry personal injury protection (PIP), which covers 80% of all reasonable and necessary medical expenses and 60% of lost income up to $10,000. PIP coverage applies regardless of whether you are at fault.

Unlike other states, Florida motor vehicle law does not require drivers to carry bodily injury liability (BIL) insurance, but drivers are required to carry at least $10,000 in property damage coverage. 

Options if You Have Insufficient Coverage

Accidents are unpredictable, so our West Palm Beach car accident lawyers are here to explain various options if you are involved in an accident and find yourself lacking adequate coverage:

File a Claim With the Other Driver’s Insurance Company

If your damages exceed the $10,000 limit, then you can file a claim with the other driver’s insurance company to recoup your losses (assuming that the other driver is at fault for the crash). If the other driver is underinsured or uninsured, then you will need to explore other options.

Take Legal Action

According to Fla. Stat. §627.737, if you meet certain thresholds, you will have the option to exit the no-fault system and file a lawsuit against the other driver. This would include if you suffer permanent injury or disfigurement or have incurred at least $10,000 in medical bills. By taking legal action, you will also retain the option to pursue noneconomic damages, such as pain and suffering, mental anguish, and inconvenience due to bodily injury. Be aware that if the other party lacks assets or has low income, the individual may be deemed judgment-proof, and you may be unable to recover damages.

West Palm Beach Car Accident Lawyers Providing Aggressive and Compassionate Representation

Car accident damages can leave you unable to support yourself and your family. While legal remedies may be available, you may have no idea where to begin. Thankfully, the West Palm Beach car accident lawyers at Rosenthal, Levy, Simon & Sosa have helped injury victims understand their options while placing them at ease during the process. Our team will investigate your crash to determine liability and guide you on the best course to pursue damages. To learn how our legal team can be of assistance to you, contact us online or by phone to schedule your free consultation.

Gerald A. Rosenthal Author Image

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.

Author's Bio

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