Suing an Uninsured Driver for Damages

Motor vehicle accidents (MVAs) are daily occurrences. In 2021, MVA injuries sent more than 2.1 million people in the U.S. to emergency rooms for medical treatment and claimed almost 47,000 lives. 

When you’re in a car accident, it feels like anything but an everyday occurrence. You may be in shock and suffer from trauma in addition to physical injuries. The accident’s impact on your life doesn’t stop there. You may have car repairs to deal with. Suppose your injuries are severe, and there are legal grounds to consider suing the at-fault driver. In that case, you may file a lawsuit to receive fair compensation.

When an uninsured driver is responsible for a car accident, it can make it more challenging to recover damages. You may wonder about your legal options, whether you can sue them, and how to recover compensation. Consulting a car accident lawyer is the best way to confirm your legal rights and determine how they can help you seek justice from an uninsured driver.

Florida’s Car Insurance Requirements

Drivers in Florida are required by law to carry several types of insurance: 

Personal Injury Protection (PIP)

Personal injury protection (PIP) insurance pays for medical expenses after an accident. Your PIP insurance policy pays 80% of your medical bills until you’ve used your policy amount and covers you and the passengers in your vehicle. Florida requires drivers of personal vehicles to carry at least $10,000 in PIP insurance. 

Property Damage Liability (PDL)

Property damage liability (PDL) insurance covers the repair costs if someone driving your vehicle causes an accident and damages other vehicles. State law requires drivers to have $10,000 or more in PDL insurance. 

Bodily Injury Liability Insurance 

You must have PIP and PDL insurance to register a vehicle in Florida; however, you also need bodily injury liability insurance to cover expenses from injuries to any person you harmed in an accident. Without bodily injury liability insurance, you may have to pay out of pocket for medical bills, lost wages, and other damages. The state minimum bodily insurance liability amounts are $20,000 per accident and $10,000 per person. 

20.4% of Florida Drivers Are Uninsured

Florida has the 6th highest uninsured driver rate in the nation, with 20.4% of the state’s drivers opting to drive illegally. In addition to the high percentage of uninsured drivers, it’s possible to be in an accident with an underinsured driver. Underinsured drivers carry insurance, but their policies are insufficient to cover the damages from a car accident they caused.

If you have been injured in an accident let Bernstein & Maryanoff Injury Attorneys fight for you.

Can I Sue an Uninsured Driver if They Were at Fault in an Accident?

To file a successful lawsuit against any driver, you must establish the following:

1. The driver had a duty of care toward others: The at-fault driver had a responsibility to take steps to ensure the safety of others
2. The at-fault driver was negligent and did not uphold their duty of care: A breach of duty of care could mean failing to act in a way that could prevent harm to others, such as failing to reduce their speed in a school or construction zone or engaging in unsafe behaviors, such as reckless driving
3. The driver’s breach of duty of care harmed you: You must demonstrate the driver’s behavior caused your injuries
4. The injuries you suffered because of their breach of duty of care caused damages: You must demonstrate the cost of your injuries, such as demonstrating you incurred medical bills and suffer from pain because of your injuries

Establishing Fault

Drivers may be found at fault for an accident for several reasons. Common causes of car accidents include the following:

• Distracted driving: Distracted driving involves anything from eating while driving to talking to passengers
• Drunk driving: Driving while impaired increases the risk of an MVA because you have slower response times. It is illegal to drive while impaired.
• Illegal actions: A motorist may be at fault if they break traffic laws, such as speeding or texting while driving
• Reckless driving: Reckless driving involves actions that increase the likelihood of an accident, such as tailgating or passing vehicles on the shoulder

Reasons to Seek Damages 

You may seek damages to cover medical bills and other costs that exceed the limits of your PIP insurance policy. Common injuries from car accidents include the following:

• Back injuries
• Bone fractures
• Head injuries 
• Internal injuries 
• Soft tissue injuries
• Spinal cord injuries
• Traumatic brain injuries

Damages You Can Pursue From an Uninsured Driver

You can seek damages after suffering injuries in an accident caused by an uninsured driver. The at-fault driver may be liable for the following damages:

• Economic damages: These damages include any bills you must pay because of your injuries or lost revenue if you cannot work. Economic damages can consist of childcare bills, lost wages, medical bills, property damage, and transportation costs. You can also sue for burial and funeral costs if a loved one dies.
• Non-economic damages: Economic damages address the financial costs of your injuries, while non-economic damages address the personal cost. Grounds for non-economic damages include anxiety, grief, loss of quality of life, loss of intimacy, pain and suffering, and post-traumatic stress disorder (PTSD).

You can also seek punitive damages if there are legal grounds to justify these damages.

Collecting Damages From the Driver Can Be Difficult

You receive compensation from a driver’s insurance company when they have sufficient insurance to cover the damages. You must collect the compensation from the driver if they’re uninsured. Although collecting compensation from the uninsured driver is more complicated than collecting from an insurance company, there are options:

Lien on Assets

You can make a legal claim against any assets the uninsured driver has. Suppose they own a house. You can place a lien against their house, and if they fail to pay the compensation owed, you can sell the house to recover the damages. 

Payment Plans

You can negotiate a payment plan with the at-fault driver and have them pay you monthly until you receive the total compensation owed.

Who Covers My Damages if an Uninsured or Underinsured Driver Hits Me?

Florida is a no-fault state. Consequently, motorists use their insurance policies to cover the initial costs of an accident. However, you may need to sue the at-fault driver if your expenses exceed your PIP and PDL policy amounts. An uninsured or underinsured driver can be liable and must pay fair compensation. 

You can sue an uninsured or underinsured driver if you were not more than 50% responsible for your accident. Under the state’s comparative negligence laws, injured drivers who are more than 50% responsible cannot take legal action against other drivers. 

Reach out to Bernstein & Maryanoff Injury Attorneys, Miami’s premier car accident lawyers

If You Have Been Injured in an Accident, Let Bernstein & Maryanoff Injury Attorneys Fight for You

At Bernstein & Maryanoff Injury Attorneys, our legal team is standing by to help you seek justice after a car accident in Miami or the Miami area. We understand the trauma of coping with the aftermath of an accident, and we will ensure you understand the steps we can take to get you the justice you deserve. Our team will investigate your accident, collect evidence, talk to witnesses, file legal paperwork, help you calculate the damages to seek, and negotiate a fair settlement. Let us help you get the justice you deserve. 

Sources:

Florida Insurance Requirements. (2024).

Number of road traffic fatalities in the United States from 2012 to 2022. (2024).

Transportation Safety. (2023).

Wack, M. (2024). Uninsured Motorist Statistics 2021.