If you were in an accident with an uninsured driver, it is critical to notify your insurance company, see a doctor, and contact a car accident lawyer as soon as possible. Taking these steps will help you protect your right to recover compensation for your damages.
Activate Your PIP Coverage
Florida is a no-fault insurance state. This means you will file a claim with your own insurance company, regardless of who caused the accident or whether the other driver has auto insurance. You must have Personal Injury Protection (PIP) coverage in Florida.
To get the benefits of your PIP coverage, you must go to a doctor, urgent care center, or emergency room for treatment of your injuries within 14 days of the wreck. If you miss this deadline, PIP may refuse to pay your medical bills.
What PIP Insurance Pays
Florida’s PIP coverage will 80 percent your medical bills, including doctor, hospital, surgical, rehabilitative, imaging (X-rays, CAT scans) and dental expenses to treat your injuries.
Reasons Why Might PIP Deny Coverage
In addition to the 14-day rule, PIP can refuse to pay your claim for these reasons:
- PIP determines that you did not need the medical services
- PIP decides your injuries were not because of the wreck
- PIP thinks the bills were unreasonable
Uninsured Motorist Coverage
If you carry optional Uninsured Motorist (UM) coverage on your auto policy, it can cover your damages in a wreck with an uninsured driver, including medical bills and lost wages.
Talk with a lawyer right away to get help filing a claim under your UM coverage. We will sort out what your PIP and UM policies cover and help you get the maximum allowed benefits.
What to Do if You Are Partly at Fault
Many times, more than one driver made a mistake that contributed to causing the collision. Florida law follows the doctrine of comparative negligence.
This rule allows you to collect some damages from the other liable party if you were partially at fault. The law will reduce your compensation in proportion to the amount of your fault. In other words, if you are 15 percent at fault, you may be able to recover 85 percent of your damages.
How to Protect Your Claim for Compensation in an Accident with an Uninsured Driver
There may be multiple types of insurance involved after a car accident, so speak with a lawyer right after the accident. Notify the insurance company, but do not give a recorded statement to them unless your lawyer gives you the go-ahead to do so.