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Boca Raton Personal Injury Lawyer > Blog > Uninsured Motorist Accident > Can You Sue an Uninsured Driver in Florida?

Can You Sue an Uninsured Driver in Florida?


Being involved in a car accident can ruin your day, especially if the other driver involved has no car insurance. In Florida, drivers are required by law to carry auto insurance, but unfortunately, not everyone complies with this requirement. According to the Insurance Information Institute, more than 20% of motorists in the Sunshine State are uninsured.

But what happens if you are hit by an uninsured driver? Can you pursue legal action against them? If you were recently involved in a car accident caused by an uninsured driver, our lawyers at Leifer & Ramirez can help you understand the legal options available to you. Our West Palm Beach uninsured and underinsured motorist lawyers can guide you through the legal process when the other driver is not insured or does not have sufficient insurance.

Filing a Lawsuit Against an Uninsured Driver

Florida is a no-fault state, which means that if you are involved in a car accident, you must first turn to your own insurance policy to cover your damages. However, if your damages exceed your policy limits or are not covered by your policy, you may be able to take legal action against the other driver involved in the accident. This includes suing an uninsured driver, but it can be challenging to recover damages in this scenario.

Recovering Damages from an Uninsured Driver

If you are successful in suing an uninsured driver, you may be able to recover damages such as medical expenses, lost wages, diminished earning capacity, pain and suffering, and many more. However, if the uninsured driver does not have any assets or income, it can be challenging to collect any damages awarded to you. It is essential to consult with an experienced lawyer to determine the best course of action for your specific situation.

Options for Uninsured Motorist Coverage

If you have uninsured motorist coverage (UM), it can protect you in the event of an accident with an uninsured driver. This coverage can provide compensation for medical expenses, lost wages, and certain other damages that resulted from the accident. If you are unsure whether you have UM coverage, it is essential to review your auto insurance policy or speak with your insurance agent.

Filing a Claim with Your Insurance Company

If you do have uninsured motorist coverage and you were in an accident with an uninsured driver, you must file a claim with your insurance company. Even though you are not at fault for the accident, your insurance company can still increase your premiums. However, if you have a skilled lawyer handling your case and the uninsured driver is found to be 100% at fault, it may be possible to avoid higher insurance rates.

Seek Legal Guidance

Navigating the legal system can be challenging, especially when you are dealing with the aftermath of a car accident with an uninsured driver. It is highly suggested that you seek the guidance of a lawyer to help you determine the best course of action. Attorneys can assess your case, explain your legal options, and work with your insurance company and court system on your behalf.

Hit by an Uninsured Driver? Contact Leifer & Ramirez

Being hit by an uninsured driver can present significant challenges when you are trying to recover damages for your injuries. However, our lawyers at Leifer & Ramirez can help you understand your insurance policy and options and explain if you can take legal action to recover damages from an uninsured driver in Florida. Call 561-660-9421 for a free case evaluation.

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