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Personal Injury Attorney Answers: Uninsured Motorists
Personal Injury Attorney Answers: Uninsured Motorists

Question: If I am in an accident with someone who has very low insurance coverage limits, what can I do?

In the event that you find yourself in an accident with a motorist who has low insurance coverage limits, the first thing to do is to stay calm and ensure that everyone is safe, getting immediate medical attention if necessary. Afterwards you can proceed to assess the situation, documenting the accident in detail and obtaining the underinsured driver’s information. From here, you can contact your insurance company to report the incident and file a claim to use your own Personal Injury Protection (PIP) and Uninsured/Underinsured Motorist (UM/UIM) coverage to cover for damages sustained. For more significant losses and in cases where damages are not fully covered by your own insurance, consider consulting a personal injury attorney to know the legal options available to you.

In Florida, where millions of motorists hit the road every day, car accidents are an unfortunate reality. The situation becomes even more complicated when you find yourself in an accident with someone who has very low insurance coverage limits or, even worse, no insurance at all. Insurance requirements can be minimal in Florida, so this scenario is not uncommon. What can you do if you're involved in an accident with someone who has very low insurance coverage limits? It’s important not to ignore the chances of finding yourself in this situation. Take a look at some of the things you need to know that can help you navigate the complex challenges involved in the aftermath of an accident with an underinsured driver.

  • Understanding the Problem
  • Stay Calm and Assess the Situation
  • Contact Your Insurance Company
  • Seek Medical Attention
  • Uninsured/Underinsured Motorist Coverage (UM/UIM)
  • Legal Action


Understanding the Problem

First and foremost, it's important to grasp the severity of the problem. Florida, like many states, requires drivers to carry a minimum amount of insurance coverage. However, these limits may not be enough to cover the full extent of damage in the event of a serious accident. 

Florida's "No-Fault" insurance system requires every driver to carry Personal Injury Protection (PIP) insurance, which covers medical expenses and lost wages, regardless of who's at fault. However, these PIP policies often have limited coverage, and not all drivers adhere to the law. When you're involved in an accident with someone who has very low insurance coverage limits, it can leave you in a vulnerable position.

Stay Calm and Assess the Situation

The first step is to remain calm and ensure everyone involved is safe. If anyone requires immediate medical attention, call for emergency assistance. Addressing imminent safety concerns and serious injury is the first priority, but once that’s done, documenting the accident is paramount. Immediately after the accident, it's crucial to collect as much information as possible. 

Take pictures of the vehicles, any visible injuries, and the surrounding area. This documentation will be crucial in supporting your case. You should also collect the other driver’s contact, license plate, and insurance details and document the accident location, witness information, and photographs of the scene and damages to both vehicles. This documentation will be invaluable when dealing with insurance companies or pursuing legal action. Don’t forget to contact the police to make a report of the accident. Even if the damage appears minor, an official report can be crucial in establishing liability.

Contact Your Insurance Company

You’ll need to contact your insurer right away. Your insurance company should have provided you with a number you can call in the event of an accident. When you speak to the insurance company representative, give them a true and complete account of the accident so they have all the information they need to guide you through the claims process.

Your insurer may be able to assist in case the other driver's coverage is insufficient. Under Florida law, your PIP coverage should help with initial medical expenses and lost wages, up to the limits of your policy. However, if your damages exceed your PIP coverage or if you've opted for additional coverage, such as Uninsured/Underinsured Motorist (UM/UIM) coverage, this may come into play.

Seek Medical Attention

It's important to seek medical attention promptly, even if you believe your injuries are minor. Some injuries may not manifest immediately, and a medical professional can provide an accurate assessment of your condition. Additionally, medical records will serve as crucial evidence in your case.

Uninsured/Underinsured Motorist Coverage (UM/UIM)

Planning ahead is important. Many drivers will eventually get in some type of accident, and the chances that a Florida driver will experience a collision with an uninsured or underinsured motorist are high. Although Florida is in the top 10 states with the most uninsured drivers according to MoneyGeek, the state does not require drivers to purchase uninsured/underinsured motorist coverage (UM/UIM). However, even though it’s not required, it’s a smart choice for drivers to purchase anyway.

If you have UM/UIM coverage, it can provide you with financial protection when the at-fault driver has insufficient insurance. UM coverage can also apply in hit-and-run accidents where the other driver is unknown. This coverage can be a lifeline, helping you recover damages for medical bills, lost income, pain and suffering, and other losses caused by the accident.

Legal Action

If your damages are significant and your insurance coverage isn't enough to fully compensate you, you may consider taking legal action against the underinsured driver. Depending on the cause of the accident, you may also have a claim against a negligent third party. 

An experienced personal injury attorney can help you navigate the legal process, negotiate with the insurance companies involved, or file a lawsuit to seek fair compensation for your injuries and losses. You should consult with a personal injury attorney as soon as possible following an accident to find out what all of your options are.


Conclusion

Dealing with an accident involving an underinsured or uninsured motorist in Florida can be challenging, but it's not a hopeless situation. By following these steps, you can protect your rights and pursue the compensation you deserve. 

Remember, consulting with a knowledgeable Florida personal injury attorney can make a significant difference in your ability to recover from such unfortunate incidents. Your legal advocate can help you understand your options, negotiate with insurance companies, and ensure that you're not left with the financial burden caused by someone else's negligence on the road. Stay safe out there, and know that help is available when you need it most.

Source

"The information provided herein is simply a brief overview of the Florida law on this particular matter. It should not be relied upon for legal purposes, as the facts and circumstances to any specific legal matter may vary substantially from the limited explanation and application of often complicated legal rules and principles that may be addressed herein, or applicable in your particular legal matter. You should only rely upon legal advice provided to you by a licensed attorney who has had an opportunity to fully evaluate your particular legal matter".

David Folkenflik
Attorney

Mr. Folkenflik is a graduate of Countryside High School, in Clearwater; St. Petersburg Junior College; and the University of South Florida in Tampa. He received his law degree, with Honors, from the University Of Florida College Of Law at Gainesville.

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