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Posted on December 12, 2022 exist
Auto accident, auto insurance, personal injury
Florida roads and highways are flooded with uninsured motorists. In fact, the Florida Highway Safety and Motor Vehicle Association reported more than 503,000 suspensions of financial liability during 2011-2012. The suspension comes as more than 500,000 drivers do not have the required insurance or any insurance at all. It’s not uncommon for victims of car accidents in Florida to have to fight their insurance companies to get compensation for their injuries and damages. Therefore, all drivers must purchase auto insurance. Standard auto insurance policies protect drivers financially if they are involved in an accident, whether at fault or not. If they don’t have it, they’re putting themselves at risk and, in many cases, breaking the law.
The experience of being involved in a car accident can be frightening. These incidents can be especially scary if the driver is involved in the collision as an uninsured driver. It’s important to know that drivers don’t need to feel completely vulnerable and unsure of what to do if they find themselves in this unpleasant situation. Damage recovery can be done in several ways.
The importance of having proper motor vehicle insurance in Florida cannot be underestimated. Legally, this is required. The twists and turns of a car accident, combined with a lack of insurance, can be difficult to navigate without the help of a skilled and dedicated Florida car accident attorney.
Liability for Florida Car Accidents Caused by Uninsured Motorists
Florida has a no-fault auto insurance system. In an accident involving a motor vehicle, the policyholder’s insurance policy will pay damages regardless of who is at fault. Without auto insurance, it can be difficult to determine what to do in the event of an accident.
When an uninsured motorist is involved in an accident, victims can file a personal injury claim against the uninsured driver. Victims can recover damages for their injuries in a number of ways. The first step in doing so is proving that the uninsured motorist was responsible for the accident. Victims will try a variety of avenues to prove that the uninsured motorist was responsible for the accident, including:
Evidence that the driver failed to exercise due care
dereliction of duty
causation
penalty for damages
If victims can prove that the uninsured motorist was negligent, they can seek compensation from their own insurance company, provided they have uninsured motorist insurance. If they don’t, they can still try to recover the damage by going after the at-fault driver’s assets and other insurance policies. The best way to avoid and mitigate the consequences for victims attempting to claim an uninsured motorist claim is to hire a Florida uninsured motorist attorney.
Drivers who were uninsured but did not own the vehicle at the time of the collision may be liable under a no-fault insurance policy or through a personal injury protection policy through the at-fault driver’s insurance policy.
What Uninsured Motorists Can Do to Prepare After a Car Accident
When drivers are involved in a car accident in Florida and do not have auto insurance, they need to know and be prepared for the consequences they may face. After all, insurance is designed to help avoid paying exorbitant costs to repair someone else’s vehicle and financially cover their injuries. Here are three consequences of driving without insurance that drivers need to be prepared for.
Suspension of Driver’s License and Vehicle Registration – If the Florida Department of Highway Safety and Motor Vehicles receives notice that a driver does not have auto insurance, the driver’s license and registration may be suspended for up to three years.
Litigation – Depending on the circumstances of the accident, another driver may sue the uninsured driver for medical expenses, vehicle damage, lost wages, loss of future earning capacity and medical expenses, and distress and/or wrongful death. This is equivalent to an uninsured Drivers owe victims millions of dollars in damages.
Civil Penalty – If an uninsured driver’s license and registration are suspended for failing to maintain auto insurance, there will be a $150 reinstatement fee for the first violation. If the driver is involved in another accident and is again uninsured, the recovery fee increases to $500.
Additionally, violations that are attributable to an uninsured driver’s fault can remain on their driving record for three to ten years.
Uninsured drivers can get help from Florida car accident lawyers
Those involved in a car accident while driving without insurance may face many potential challenges. Uninsured drivers are at great financial risk if other drivers (or their insurance companies) try to blame them for the accident. This is especially true if the other driver is seriously injured. As an uninsured driver, it will be difficult for them to pursue an injury claim if they believe the accident was the fault of another driver.
Regardless of the specifics of the case, the first step uninsured drivers should take is to contact a Florida car accident attorney. The options for uninsured drivers will be interpreted by experienced attorneys on the specifics of their case. Many Florida car accident attorneys offer free case consultations and put their clients’ best interests first. To learn more about how a car accident attorney can help uninsured motorists after they are involved in a car accident, get in touch today.