Florida is one of the top states where uninsured motorists are most likely to strike. That is partially because the State of Florida does not mandate bodily injury coverage. Statistics show that about 26.7% of people on the roads in Florida are driving without having bodily injury coverage or any auto insurance at all, according to an Insurance Research Council. That means that more than 1 in every 5 drivers driving along with you are doing so without insurance. What happens if you get hit by one of those uninsured drivers? What should you do to protect your rights and claim for damage? In Florida, those uninsured or underinsured drivers can create considerable difficulties for people seeking compensation for their injuries and damages.   

So, if an uninsured driver has hit you in Florida, there are certain steps you want to take to make sure that you do the best job you can to preserve the claim.  

5 Steps To Take After Getting Hit by Uninsured or Underinsured Driver

Step 1. Call the Police and Document It

The first and foremost step you need to take is to call the police. Calling 911 is the best course of action after every accident and the best way to document it. For reference, a hit-and-run driver is called a “phantom vehicle,” which counts as an uninsured motorist under any uninsured motorist coverage you might have in Florida. Let’s say an uninsured driver or phantom vehicle hits and runs, doing damage to your car and injuring you. Afterwards fleeing the scene and you don't know who they are. If this happens, you still absolutely want to call the police and document that this happened to you. 

Sometimes an at-fault driver will try to convince you not to call the police or give you some cash for damage to your car and say there’s no need to alert the authorities. It’s strongly advisable that you do not let that happen. When police arrive on the scene, they will take down everyone’s information and properly document the incident, allowing you to obtain a full police report at a later date that will help you in dealing with insurance companies.

In this crash report, police may add important information about an at-fault driver’s identity, contact information, or even the vehicle owner/s. A vehicle owner is liable to you as well in the State of Florida for the negligence of the driver. This information can be useful if you need to file a request to the Department of Highway Safety and Motor Vehicles for verifying insurance information on the defendant's car. Without it, DHSMV can deny the request. 

However, if the at-fault driver doesn't flee the scene (which is hopefully the case), then try to exchange information with him or her, even if they don't have insurance. If you're lucky and you have witnesses, also collect their information to include full names, phone numbers, emails, and addresses. This may be useful to your claim down the road. 

Step 2. Report to Your Insurance Company 

The next step is probably to report the collision to your insurance company. Reporting a claim to your insurance company early is the key. If you have a complete police report it's really going to back up your story that you were hit by an uninsured driver or a phantom vehicle. Since these people don't have insurance on their cars or they don't have enough insurance coverage, you’ll probably be asking your insurance to handle the claim for you, assuming you have the right coverage.

Step 3. Look at Your Insurance Policy

Next, find out what your insurance policy says. Do you have collision coverage? If you have collision coverage, it's going to cover you when that person who hit you doesn't have enough property damage insurance or does not carry insurance coverage at all. So, if you want to protect yourself and your claim, having collision coverage on your policy is a must. 

The next thing you're gonna look at your policy  – Do you carry uninsured/underinsured motorist coverage? If you carry uninsured or underinsured motorist coverage it's going to cover you if you get hit by somebody who doesn't have enough bodily injury coverage or doesn't have any insurance coverage at all. It is another type of coverage that your insurance company pays directly to you. However, it’s only applicable if you are not at fault for the collision. 

Your UM/UIM policy will pay for any unpaid sums that your PIP coverage does not cover. It is also applicable for pain and suffering compensation. In Florida, UM/UIM coverage must be combined with Bodily Injury coverage.

Through uninsured/underinsured motorist coverage, you can still make a claim for past medical bills, future medical bills, pain and suffering, and loss of enjoyment of life.

Step 4. Seek Medical Help If You’re Injured

If you didn’t immediately go to the hospital, this is the most important step to take once the dust has settled and you are feeling any pain as a result of the collision. However, you can always call for help from the police and paramedics directly from the scene of an accident. If you are injured, it is important to get treatment within 14 days.  To be eligible for PIP compensation in Florida, you must see a doctor within 14 days after the accident. The reality, though, is the sooner the better. The longer you wait to document your injuries, the more likely it is that the insurance company and their attorneys will try to devalue your case by saying that they do not really think you are hurt because you waited too long. 

Step 5. Have a Consultation With an Attorney 

The aftermath of an uninsured driver's accident can be difficult to handle and confusing. Consult a Florida personal injury attorney that has experience handling these  uninsured motorist cases. They can help you navigate the procedure and safeguard your rights successfully.

If you follow these steps, you will increase your chances of success when filing an uninsured motorist claim. Make sure you cooperate with your insurance company and provide them with all of the necessary information and documentation. After that, you may have to negotiate with them. Hopefully, they will deal with the claim fairly and resolve it with you. Unfortunately, that is not the usual experience. Having a knowledgeable and trustworthy attorney on your side may end up getting you a much better result. Insurance companies are not there to look out for you and can even try to trick you into a settlement or action that does not benefit. It truly is best not to go it alone. 

What happens when an uninsured driver hits you in Florida?

When an uninsured driver hits you in Florida, it is very difficult to collect your damages directly from him or her. Florida is a no-fault automobile accident state, which simply means that your vehicle insurance company should cover 80% of your medical bills, up to a $10,000 maximum (or a $2,500 maximum if you have not experienced an “emergency medical condition.” If the other motorist is at fault, their insurance company would pay the remaining 20%, but they have no bodily injury coverage. This, again, is why it is important to carry coverage that protects you from these people. 

What Options Do You Have?

It’s normal to be concerned about not getting compensation for your losses and injuries. Yet, there are some options for you if you are involved in a collision caused by an uninsured driver. The following information  can be helpful to get your claim. 

1. PIP insurance. This can be applicable only after you get treatment within 14 days after the accident. This can cover 80% medical cost, 60% lost wages, and $5,000 for death. As stated, the limit of coverage is either $2,500 or $10,000. This insurance covers you, your family, passengers who do not own a vehicle, those who drive your car with authorization and do not have another source of PIP, and sometimes even pedestrians. 

2. Property Damage Liability Coverage. Just because the at-fault driver does not carry bodily injury coverage, they may still have coverage for the damage to your vehicle if they carry this type of liability coverage. This may compensate you for car damage if someone hits your car (like a rear-end collision, for example). The at-fault driver’s insurance company would then pay to repair your vehicle or for its total loss. Florida state law requires at least $10,000.00 in Property Damage Liability coverage.

3. Body Injury Liability (BI) Coverage. If you or your attorney are able to uncover another source of bodily injury coverage,  then that insurance will be responsible for covering your medical bills. This type of insurance also compensates for your pain and suffering. The minimum limit for getting Bodily Injury coverage is $10,000.00 per person/$20,000.00 per accident; however, the State of Florida does not mandate this coverage at all.

4. Comprehensive coverage. This insurance can help protect your car from damage. But this has to be caused by natural catastrophes, falling items, fire, and so on. 

Filing a Legal Lawsuit Against Uninsured Driver  

Let’s say your uninsured motorist insurance doesn't properly cover your damages, now what? You can file a personal injury lawsuit against the uninsured, at-fault driver and/or vehicle owner to seek the compensation you deserve. Though it is not always the case, the uninsured motorist in your collision is unlikely to have the financial resources to pay a personal injury award. 

There are two ways a personal attorney can help if you decide to seek personal contribution from an at-fault driver. Although, it is very difficult to find a personal injury attorney willing to sue someone without insurance on a contingency fee basis (meaning no payment up front, just a percentage of the award). 

First, if you are successful in obtaining a judgment, you can place a lien on the defendant’s property. If the defendant has any assets, you may be able to use that property as collateral to repay for damage owed to you. There are exceptions for homesteads and a small amount of personal property. 

Second, you may consider entering into a payment with the defendant. If the defendant has insufficient money to pay you upfront, then you can agree to a weekly or monthly payment or ask the court for an order to garnish the defendant’s wages.

Why Hire Us?

If you have injuries, massive damage that you fear will not be fully covered by insurance, then you should consult our personal injury attorney, David Carter. He will discuss alternative solutions to help you. Every collision with uninsured motorists requires high-quality legal advice and assistance. David Carter and Carter Injury Law can help you in determining what steps you need to take after being hit by an uninsured motorist or involved in a hit-and-run accident.  

So, don't go it alone. Contact Carter Injury Law now to set up a free consultation. We have a beautiful location at 3114 N. Boulevard Tampa, Florida where we offer in-person and virtual case evaluations. If you or someone you care about was involved in an accident with an uninsured driver in Florida, call at (813) 922-0228 for a free case review, or send us an email at office@carterinjurylaw.com.