Accident with an uninsured driverDid you sustain serious injuries in an accident with an uninsured driver in Fort Lauderdale? Florida’s no-fault insurance system helps individuals receive financial compensation quickly so they can pay for medical treatments and vehicle repairs. All vehicle owners must carry at least $10,000 of personal injury protection and $10,000 of property damage liability. This type of insurance pays for the policyholders’ treatments and repairs without relying on the insurance of other drivers involved in an accident. While no-fault insurance can help injured drivers and passengers pay for necessary treatments and repairs, it often does not cover the full cost. When this happens, individuals may need to seek compensation from at-fault drivers or insurance companies.

Unfortunately, Florida has about 3.2 million uninsured drivers on its roads. This puts motorists at risk of having accidents with drivers who lack insurance policies that could pay for extensive medical treatments, lost wages, and replacing severely damaged property. When this happens, it helps to have an experienced Fort Lauderdale car accident lawyer like Hyram Montero on your side. Without good legal counsel, it can be extremely difficult for individuals to secure the compensation needed to pay high medical bills, especially when they are too injured to work. Call us today at 954-767-6500 to learn more about your options for pursuing compensation for your losses.

Do you have Uninsured/Underinsured Motorist Coverage?

Having an uninsured or underinsured motorist policy fills any financial gaps left after your no-fault policy reaches its limit. Your insurance company may use the policy to pay for medical treatments and vehicle replacement. It can then pursue litigation against the other driver or the driver’s insurance company to recoup its losses.

After filing a claim with your insurance company, it will investigate the situation to determine whether it is required to pay you. In some cases, it may decide not to pay. When this happens, legal counsel will help you determine how you can best move forward with your case.

Information Needed to Sue Underinsured and Uninsured Drivers

Several types of information could help accident victims win compensation from uninsured and underinsured drivers. The most important pieces of information to gather include:

  • The police report describing the accident.
  • The contact information of other drivers involved in the accident.
  • Contact information for your insurance company.
  • Contact information for the other driver’s insurance company, assuming that they have any insurance at all.

Once you contact a lawyer, he or she will likely request this information. Much of it will provide the foundation of your case against the other driver.

Statute of Limitations for Accidents Involving Uninsured or Underinsured Drivers

The statute of limitations for most car accident suits in Florida is four years. When an uninsured or underinsured motorist is involved, the statute of limitations grows to five years. That means you have to file a lawsuit within five years of the accident.

Waiting five years, however, is typically a bad option for victims or uninsured and underinsured drivers. The longer you wait to file a suit, the harder it is to access the evidence needed to secure compensation. If you were to file immediately, your lawyer could gather evidence from eyewitnesses. He or she may also obtain physical evidence from the accident scene. As time passes, eyewitness testimony becomes increasingly unreliable. Physical evidence may completely disappear from the scene of the accident after just a few days or weeks.

Seeking Compensation for Injuries and Damaged Property

Lawsuits involving uninsured and underinsured drivers can become complicated quickly. Depending on the specific situation, your lawsuit may or may not name the other driver as a defendant. In some cases, especially those involving underinsured drivers, you may need to name the driver’s insurance company or your own insurance provider as the defendant.

Having an experienced firm like Montero Law on your side can make this process easier and faster. Contact the Montero Law Center to schedule your free initial consultation today.