Fort Lauderdale Uninsured & Underinsured Motorist Lawyer
In most states, if you are injured in a car accident, you will likely seek compensation from the negligent driver through his or her insurance company. Florida goes by a different rule, so you must file with your own insurer, which can create some challenges if you suffer severe injuries. Your situation can be even further complicated if the other driver did not have insurance or does not carry a sufficient amount to cover your losses.
Fortunately, Florida law does protect your interests if you are involved in a motor vehicle crash with an uninsured or underinsured driver. Our Fort Lauderdale uninsured and underinsured motorist lawyers at Leifer & Ramirez can tell you more about the complex insurance laws that apply to your circumstances, as no-fault rules can be confusing if you do not have a legal background. Please contact us to schedule a no-cost case evaluation to learn more about how a Fort Lauderdale uninsured and underinsured motorist lawyer can assist with your claim.
Synopsis of Florida’s Insurance Laws
Put simply, Florida’s no fault law that requires you to file a claim with your own insurance company if you are hurt in an auto accident. Your insurance policy includes Personal Injury Protection (PIP), which will pay up to 80 percent of your medical bills for surgery, emergency treatment, long-term care, physical therapy, and other expenses. Plus, PIP will compensate you for up to 60 percent of your lost wages if you were unable to work because of your injuries.
However, there is a limit on PIP coverage, so you can only recover $10,000 for these types of losses. In addition, PIP does not pay you any amount for non-economic damages. That means that your own insurer will not cover:
- Pain and suffering;
- Emotional suffering;
- Scarring and disfigurement;
- Losses regarding your relationships with your spouse, children, and other loved ones;
- Future income you may lose out on from your injuries; and,
- Many other types of losses.
Under certain circumstances, you can still file a third-party claim with the responsible motorist’s insurance company to recover these amounts. The real problem comes when that person is uninsured or underinsured.
Uninsured and Underinsured Motorist Insurance Under Florida Law
When you sign up for a new auto insurance policy, you will have the option for uninsured and underinsured coverage. If you do not expressly reject it, you can still recover for certain types of non-economic damages that you are prevented from seeking under your PIP. Of course, when you file this type of claim, you may run into the same roadblocks as you would when filing a third-party claim: the insurance company protecting its own financial interests and not yours. Any insurer will fight your claim every step of the way, even your own.
Discuss Your Claim with a Fort Lauderdale Uninsured and Underinsured Motorist Lawyer
If you were in an accident and need advice on your rights under Florida law, please contact the knowledgeable attorneys at Leifer & Ramirez. We can set up a consultation with one of our uninsured and underinsured lawyers who can explain the complicated rules. You can reach our Fort Lauderdale office by calling 561-660-9421 or filling out an online contact form.