You will need to sue the at fault driver for your personal injury damages. As you do not have insurance, you will not be able to get money from your insurance company, and you may be in danger of losing your license for a period of time.
The state of Florida requires that each driver on the road have insurance that protects against personal injury damages for at least $10,000, and that protects against property damage for at least $10,000. These types of protections are more commonly called PIP and PDL insurance.
What Happens If You Have No Insurance But The Accident Wasn’t Your Fault?
Driving without insurance is not a smart idea. If you are caught driving without any insurance you can face intense penalties, including a loss of your license and license plate for up to three years.
To reinstate your license after the suspension, you will be required to pay a $150 fee to get it reinstated with proof of new insurance. This fee rises to $250 and $500 for subsequent violations. Regardless of whose fault it was, expect these penalties if the police find you in a crash.
Will You Be Financially Responsible For All Of The Damages Even If It Isn’t Your Fault?
If you have no insurance you will not get money from your insurance company because you don’t have one. Where most people with insurance would be able to get a more immediate payment for their damages from their own insurance companies, you will find yourself with nothing. This is perhaps the biggest problem with not having insurance, even when you are not at fault. Practically, this means you will be responsible for most of your bills for a long while.
Can You Still File A Claim With An Attorney?
Yes, you can still sue for damages in a civil context. Unlike money from your own insurance company, such damages may take months to years to reach you pocket. This fact is particularly stinging if your damages were under $10,000.
If your damages were under $10,000, your insurance would have covered your damages, making a civil action by you unneeded. You could have filed a claim, and be on your way to recovery.
However, if you drive without insurance it is likely your only bet at getting your damages repaid is suing in a civil context. You will have to hire a car accident attorney, and it is imperative you tell them of your insurance situation, so that they may decide the best way to represent you during your court case.
What Happens If You Have Insurance But The At-Fault Driver Doesn’t?
A seemingly more common situation arises when you get hit by a driver who happens not to have insurance. In these situations, as long as you have insurance, there are still ways to get the money you need for your damages.
Collecting money from your insurance company
First of all, your own insurance will come with its own PIP protection. If you report the crash within 14 days to your insurance company, you should be able to collect up to $10,000 for your injuries. Furthermore, if you have uninsured/underinsured insurance, you can collect substantially more.
In addition, your insurance will cover at least $10,000 worth of your vehicular damages, and further insurance may cover more. Depending on your damage amounts, this may be all you need to do.
Should I sue the uninsured or underinsured motorist in Florida?
If your insurance does not cover all of your damages, you may consider it necessary to collect damages from the uninsured or underinsured motorist. It is important to understand that most people do not have enough assets to cover the damages you probably need.
Usually, when you sue an at fault driver, the at fault driver’s insurance company pays the damages owed, allowing you to actually receive your justice.
However, when you sue a person with no insurance, you are suing that person, likely on a single salary, and not with a massive amount of expendable income. While you may win your lawsuit, you may find it difficult to collect. After all, they simply may not have the money.
Why should you get help from an experienced attorney?
To begin with, an attorney will help you navigate all of the legal issues that come up in car accident cases where you are not at fault.
Car accident attorneys know the law, they know how to navigate procedure, and they know how to get the best judgment or settlement for your case.
They also know how to get you the money that the judgment or settlement grants you. This may include negotiating a payment plan with the at fault driver.
Alternatively, if the at fault driver is unwilling or unable to pay, your attorney move to put a lien on their property, garnish their wages or bank account, or seize their personal property.
Knowing how to maneuver the legal system to get your justice in your pocket requires knowledge of the procedural moves available to you. An experienced auto accident attorney has this knowledge and can help you get what you need.
Getting into an accident where you don’t have insurance, or where the person who hit you doesn’t have insurance is a terrible thing to experience.
Regular car accidents are complicated enough, but navigating an accident with complications like this can seem insurmountable. That is why you need an experienced auto accident attorney who is well versed in this area, to get you the money you need to get back to your life as it was before.
If you are in need of an experienced personal injury lawyer, contact Bulluck Law Group today. We offer a free case evaluation to see if we’re a good fit as well as a No Recovery, No Fee Promise.