What To Do After A Car Accident With An Uninsured Or Underinsured Driver

August 12, 21

What To Do After A Car Accident With An Uninsured Or Underinsured Driver


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You have recently been injured in a car accident that wasn’t your fault and now you’re stuck with the medical bills. If you were the victim of somebody else’s reckless driving, it’s important to contact the Miami auto accident injury lawyers at A to Z Injury Law. You are entitled to seek compensation for any expenses you incurred as a result of the accident, but what do you do if the driver was underinsured or has no insurance? 

Can you still seek compensation? 

In this article, we explain what can be done and why it’s important to contact a lawyer. 

Do You Really Need A Lawyer?

Some people wonder if they need a lawyer after a car accident that was someone else’s fault. You may think the case is cut and dry, but hiring a lawyer will ensure a better settlement. If you were severely injured and your vehicle sustained serious damage, you are entitled to a large sum to cover your medical bills, lost wages, and pain and suffering, to name a few.

Additionally, an attorney is extremely knowledgeable about the laws related to your case and can offer advice, such as the timeframe for the statute of limitations and possible exceptions to the rule. They can provide guidance when negotiating with insurers and in other aspects of the case. They can act on your behalf and do most of the legwork required for an accident claim. More importantly, if the case goes to trial, they can prepare you for what to expect and defend you on the courtroom floor.

The Driver Was Uninsured

It is a frightening situation when you are seriously injured in a car accident and you find out that the driver of the other vehicle is uninsured. If the driver has no insurance and you do not have uninsured motorist coverage, you can file a lawsuit to recover damages. If the driver cannot cover the expenses in full, our team will negotiate a payment schedule to ensure you receive compensation without thrusting the negligent driver into financial hardship. If the other driver does not make their payments, there are many avenues you can pursue to get the money you are entitled to. Our team can:

  • Put a lien on the negligent driver’s property
  • Garnish their wages and/or bank account
  • Have their license suspended until you receive payment

If you do have uninsured motorist coverage (UIM), you can still contact our team to seek justice and financial support for your injury. However, with UIM, if it is proven that the accident was not your fault, the insurance company will cover the damages. Uninsured motorist coverage is an add-on, not a requirement, but it can make a significant difference.

What About Medical Bills?

Even if you do not decide to file a claim against the negligent party, in Florida, you must have Personal Injury Protection insurance. As a result, it is required by law for this insurance to cover 80 percent of your medical bill if you were injured in a car accident. Even drivers who are at fault can benefit from this type of insurance, as 80 percent of their medical bills will be covered, as well.

The Driver Was Underinsured

If the driver at fault was underinsured, you may still be able to seek compensation for medical bills, lost wages, and pain and suffering if you have underinsured coverage. You can file a claim against your insurance provider, but the amount you receive cannot exceed the negligent driver’s coverage. So, if the driver only has $50,000 of coverage, you cannot file a claim against your insurer greater than $50,000.

Once again, if you suffered serious injuries, it may benefit you to file a claim against the negligent party. If the defendant is underinsured, you likely have a greater chance of seeking compensation for damages and medical expenses.

Contact A to Z Injury Law

It’s important to know what to do after a car wreck in Miami when the at-fault driver is uninsured or underinsured. You are entirely within your rights to sue for damages. When you do, you want the right team by your side. Contact our Miami auto accident injury lawyers today. Call (305) 853-9656 for a free consultation.

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