If you recently sustained injuries or required medical attention after being in an auto accident caused by another driver, you may be wondering about your next steps. Often, it can take a month or more before the medical bills begin coming in, and you may assume that your insurance company has the situation handled. However, Florida is one of the only states in the country that doesn't require drivers to carry liability insurance, which means that a driver who strikes you may not have any insurance to cover the bodily harm that ensues. Read on to learn more about what makes Florida's insurance laws unique, as well as your recovery options if you find out the person who hit you doesn't have adequate insurance coverage.
What types of insurance will reimburse you for damages in an accident?
In most states, there are a variety of types of coverage available -- as well as certain minimum types and levels of coverage mandated by the state. This is to help protect citizens from unreimbursed damages caused by underinsured drivers. However, with rising costs for medical care and vehicle repair, you may find that these minimal coverage levels aren't enough to fully compensate you for the damage caused by the accident.
Since Florida's insurance laws are different from any other state's laws (except New Hampshire), drivers must carry personal injury protection (PIP) insurance that can help pay for medical expenses the at-fault driver may incur, but won't pay for damages to anyone else. And because this driver still technically carries insurance, your own uninsured motorist coverage won't kick in if you're hit by someone with only PIP insurance, even though you'll be paid nothing.
To protect themselves from a potentially expensive lawsuit, some Florida drivers do choose to purchase additional liability and bodily injury insurance -- however, with Florida's high number of uninsured drivers and lax requirements on the amount of coverage a driver must carry, if you're hit in Florida you may quickly find yourself in a situation where you won't receive much (if any) compensation for an accident in which someone else was at fault.
What should you do if the insurance coverage isn't enough to pay for your injuries?
Often, if the amount of your claim is less than the maximum payout under an auto insurance policy, the insurance company will negotiate a settlement with you that can help save you both the time and expense of taking the case to court. However, one provision often inherent in these settlements prevents you from suing the insurance company for any further damages resulting from the accident.
If the insurance cap still isn't enough to repay you for all the damages sustained, this term may seem moot -- you wouldn't bother suing the insurance company for further damages anyway, since they would be unable to pay. But it's important to carefully read over this language to ensure that it also doesn't contain provisions preventing you from personally suing the driver for damages. If such a term is present, you should easily be able to negotiate to have it removed, but once you've signed an agreement and accepted the money, this language will be binding.
After accepting the insurance payout or settlement, you may want to file a personal injury lawsuit against the driver who caused your injuries. If you can demonstrate that the driver was at fault in the accident, and the accident led to your injuries, you should be able to recover a monetary judgment that will help compensate you for your medical bills, lost wages, pain and suffering, and any other expenses incurred. Your spouse may be able to file a lawsuit for "lack of consortium" in recognition of the strain this accident may have had on your marriage.
For more information on auto insurance laws, try visiting http://www.attorneyinjury.com/.
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