Despite lack of insurance being against the law, Florida has one of the top uninsured motorist rates in the country. This is unsettling when you consider how many vacationers, tourists, visitors, commuters, and residents are on Florida roads each day. If you are in an accident due to another motorist's negligence and he or she was uninsured or underinsured, it becomes a problem when you need funds for medical care and physical damages. An experienced Florida personal injury attorney could evaluate your uninsured motorist case and help you seek the funds you need either from the motorist or from your own insurance company.
The legal team at The Law Offices of James B. Coulter has over a decade of legal experience and a passion for personal injury that stems from personal experience as a victim of a car accident. If you have suffered at the hands of an uninsured motorist in Brevard County, Orange County, Seminole County, Indian River County, or Osceola County, contact The Law Offices of James B. Coulter for your free consultation today. We will investigate your case and pursue restitution wherever appropriate.
Uninsured vs. Underinsured in Central Florida
Florida is a no-fault state and requires that its motorists carry a minimum of $10,000 each in both personal injury protection and property damage insurance. However, the percentage of uninsured motorists on Florida highways increases every year. An uninsured motorist is someone who is violating the law by driving without any coverage at all.
Even in the case of an insured motorist, if he or she elected for minimum coverage and caused a serious enough accident, property damage and personal injuries could exceed the amount provided for in the policy. He or she is then considered an underinsured motorist. A self-insured motorist who has since lost the ability to pay according to the definition of self-insured motorist in Florida code is also an underinsured motorist. In the both instances of an uninsured and underinsured motorist, you should contact an experienced Florida personal injury attorney to help you assess where you could best pursue compensation.
To protect its motorists from the consequences of becoming victim to the negligent driving of an uninsured motorist, Florida has a law that requires automotive insurers to offer uninsured motorist coverage in the same amount as your bodily injury liability coverage. This coverage should automatically be included in your insurance policy unless you signed a specific form waiving your right to coverage. Even if you believe you waived your right to coverage, your uninsured motorist company must prove it by producing the form for a judge or facing paying as if you didn't give up your right to coverage.
In addition to covering you, UM coverage can also cover you for a motorist who is underinsured. If the damages incurred exceed the policy limits of the at-fault driver, your uninsured motorist policy will cover it. You can also settle with the at-fault driver and still pursue UM coverage with the underinsured motorist insurer's approval.
There are limitations for uninsured motorist coverage. For instance, it does not cover most instances of pain and suffering, mental anguish, and inconvenience. If you seek damages from your insurance company because of an accident with an uninsured or underinsured motorist, you should speak to a passionate Brevard County uninsured motorist lawyer to explore your compensation options.
If you have already suffered injury and damages because of a negligent, uninsured motorist in the Melbourne area including Cocoa Beach, Rockledge, Sebastian, Satellite Beach, St Cloud, or Kissimmee, you shouldn't have to suffer further by dealing with that driver or your own insurance company. Let The Law Offices of James B. Coulter fight for a more favorable settlement for your case. Call (321) 586-9944 or use our online contact form and schedule a free consultation today.