Legal Options After Being Hit By An Uninsured Driver in Miami

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Legally reviewed by Alex Uriarte on July 19, 2022 Alex Uriarte is a member of the 1-800-Injured network.

Any car accident is a stressful and confusing experience, but being hit by an uninsured driver in Miami can be especially complicated. You may feel overwhelmed and frustrated, wondering how you will pay for the damages to your vehicle or cover your medical bills — all of which you will need to consider while trying to recover from your injuries and the emotional suffering that comes along with such a traumatic experience.

There are two things that are equally important for you to keep in mind as you read this article: your health is the most important thing to focus on after any accident, regardless of cause; and you should always consult with an experienced personal injury attorney to ensure that you are taking the best possible course of action for your individual case.

This guide will provide you with some information on what to do if you are hit by an uninsured driver in Miami and how to protect your legal rights. Contact 1-800-Injured right away to be connected with an attorney for a free consultation about your situation.

Your Legal Options After an Accident With an Uninsured Driver

You have a few different legal options available to you after being hit by an uninsured driver in Miami. You can file a lawsuit against the driver or file a claim with your own insurance company, neither of which may result in you recovering the non-economic damages you deserve but at least may help alleviate the financial impacts of your medical bills.

File a Lawsuit Against the Driver

You can sue the uninsured driver who hit you and try to recover damages from them directly through the Florida courts. This is often difficult to do because most people who don’t have insurance also don’t have the financial resources to pay for damages they cause in an accident. Even if the court awards you every dollar you deserve, if the at-fault driver does not have the means to pay then there is very little that can be done.

Some of the ways that a court will ensure an uninsured driver pays a victim of an accident they caused include:

  • Putting a lien on the at-fault driver’s property
  • Garnishing their wages
  • Freezing their bank accounts

These are all legal channels that a court can use to get money from an uninsured driver, but they don’t always work. This is why it is important to have a solid case against the driver before you decide to sue them. 

If you don’t have a good chance of winning, then it is probably not worth your time and money to pursue this legal option — and a personal injury attorney will tell you this right from the start.

File a Claim With Your Own Insurance Company

Florida is known as a “no-fault” state when it comes to certain areas of a car accident, and as such, drivers are required to carry a minimum of $10,000 in Personal Injury Protection (PIP) coverage.

PIP was implemented in order to reduce strain on the Florida legal system by allowing drivers to collect compensation for certain types of damages (including emergency room costs, ambulance charges, follow-up medical visits, missed income, pharmaceuticals, and transit to and from your appointments) from their own insurance companies without having to prove that the other driver was at fault.

PIP does not cover things such as property damage, pain and suffering, or lost wages, so if you have been hit by an uninsured driver and have suffered damages that are not covered by PIP, you will need to file a claim with your own insurance company under your Uninsured Motorist Coverage (UM) if you have this optional coverage.

Do You Have Uninsured or Underinsured Motorist Coverage?

If you have uninsured motorist coverage, you can file a claim with your own insurance company to recover damages. This coverage is optional in Florida, but it is something that you should seriously consider purchasing. Contact your insurance policy provider to see if you have this coverage and, if not, to add it to your policy.

UM coverage will pay for things such as:

  • Pain and suffering
  • Property damage
  • Lost wages
  • Medical bills

As with PIP, there is a limit on how much UM coverage you can purchase, but you can purchase more than the minimum required amount and stack policies in order to make sure that you and your loved ones have exception coverage in a state where 1 in every 4 drivers is uninsured.

The Process of Filing a Claim With Your Insurance Company

The process of filing a claim with your insurance company is similar to the process of filing a lawsuit against another driver in that you will need to show evidence of the damages you have suffered.

This includes things such as medical bills, lost wages, and property damage. You will also need to show that the other driver was at fault for the accident and that they do not have insurance.

The best way to do this is to work with a personal injury attorney who can help you navigate the process and make sure that you have everything you need in order to get the maximum compensation possible.

What If I Don’t Have Insurance?

If you were hit by an uninsured driver and you do not have insurance, then you may be out of luck when it comes to compensation. You can still file a lawsuit against the driver, but if they don’t have the means to pay, then there is very little that can be done.

You may be able to get help from your state if you have been hit by an uninsured driver and have no insurance yourself, but this assistance is typically only available if you have been seriously injured, and it will not cover things like property damage or lost wages.

The best way to protect yourself against uninsured drivers is to make sure that you have the proper insurance coverage in place before an accident happens. This advice may not be helpful after the fact, but driving without insurance is irresponsible and puts you and your passengers at significant risk of lifelong financial hardships after a serious accident.

Get Help From an Experienced Attorney

If you have been hit by an uninsured driver, it is important to speak with an experienced personal injury attorney as soon as possible. An attorney can help you understand your rights and options and can fight for the compensation you deserve.

1-800-Injured is an attorney and medical referral service. Contact 1-800-Injured as soon as possible to connect with a car accident attorney and learn more about how they can help you through this complicated and often frustrating process.