Uninsured Motorists

Gainesville Uninsured Motorist Attorneys

Did You Just Discover that the Driver Who Caused Your Accident Is Not Insured?

Year after year, Florida ranks among the top five states for the number of uninsured motorists operating vehicles on state roadways. In many cases, that means there is insufficient coverage to compensate the victims involved in a crash. For this reason, it is most important that you purchase "uninsured" and "underinsured" coverage to protect against unexpected expenses such as medical bills, pain and suffering, and lost wages.

FAQs About Uninsured Motorist Claims in Florida

What is uninsured motorist coverage in Florida?

Uninsured motorist (UM) coverage in Florida is an optional insurance policy addition that protects you if you are involved in an accident with a driver who does not have insurance or does not have enough insurance to cover the damages. This coverage can help pay for your medical expenses, lost wages, and other damages resulting from the accident. It also applies in cases where the at-fault driver cannot be identified, such as in hit-and-run accidents. Having UM coverage ensures that you have financial protection even if the other driver is uninsured or underinsured.

Is uninsured motorist coverage required in Florida?

No, uninsured motorist coverage is not required in Florida. However, it is highly recommended. Florida law mandates that insurance companies offer UM coverage to their policyholders, but you can choose to reject it in writing. Considering that Florida has a high rate of uninsured drivers, having UM coverage can provide crucial financial protection if you are involved in an accident with an uninsured or underinsured motorist.

How do I file an uninsured motorist claim in Florida?

To file an uninsured motorist claim in Florida, you should first report the accident to your insurance company as soon as possible. Provide all relevant details about the accident, including the police report, contact information of any witnesses, and any evidence you have collected. Your insurer will then investigate the claim to determine the extent of your damages and whether the other driver was uninsured or underinsured. It is important to cooperate fully with your insurance company's investigation and to keep records of all communications and documents related to the claim.

What damages can I recover through an uninsured motorist claim?

Through an uninsured motorist claim in Florida, you can recover a variety of damages, including medical expenses, lost wages, pain and suffering, and other costs related to the accident. Medical expenses may cover hospital bills, surgeries, medications, and ongoing treatment. Lost wages include the income you missed while recovering from your injuries. Pain and suffering compensation accounts for the physical and emotional distress caused by the accident. Additionally, you may be able to recover costs for property damage and other out-of-pocket expenses.

What should I do if the insurance company denies my uninsured motorist claim?

If your uninsured motorist claim is denied by the insurance company, you should first review the denial letter carefully to understand the reasons for the denial. You may then want to contact your insurance company to discuss the denial and provide any additional information or documentation that may support your claim. If you are unable to resolve the issue with your insurer, consider consulting with an attorney who specializes in uninsured motorist claims. An experienced attorney can help you navigate the appeals process, negotiate with the insurance company, and, if necessary, take legal action to pursue the compensation you deserve.

Can I still file an uninsured motorist claim if I was partially at fault for the accident?

Yes, you can still file an uninsured motorist claim in Florida even if you were partially at fault for the accident. Florida follows a comparative negligence system, which means that your compensation may be reduced by the percentage of fault attributed to you. For example, if you are found to be 20% at fault for the accident, your recovery amount will be reduced by 20%. It is important to provide evidence and arguments that minimize your degree of fault to maximize your potential compensation.

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Fighting for Your Right to Recover

At Schackow & Mercadante, our trial lawyers are very familiar with determining benefits that you may or may not know about, including:

Uninsured Motorists Coverage

If the other driver in an accident has no liability insurance, your uninsured motorist policy will cover expenses up to the amount of coverage purchased. Uninsured insurance coverage may apply if you are injured in a hit-and-run accident where the at-fault driver was not identified.

Underinsured Motorists Coverage

If the other driver has inadequate liability insurance to cover your damages in the event of an accident, your underinsured coverage will kick in to provide supplemental compensation for your injuries.

Personal Injury Protection (PIP)

You also have the minimum amount of personal injury protection as required by state law available to assist with your medical bills. To learn more, visit our page on Florida no-fault insurance coverage and requirements.

There are many variances and nuances to automobile insurance policies, so it is always important to consult with an attorney. Our injury lawyers are well-versed in handling all types of vehicular accident cases and have a thorough understanding of how Florida insurance laws can be applied to your advantage.

Call our office at (352) 261-6767 or use our contact form to connect with us for a brief overview of your case.

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  • “I met with Marie Banks to go over Car Accident Preparedness. She was awesome and so full of knowledge. Patient with all my questions and I left her office feeling good about the insurance I had and felt prepared if an accident were to happen. She treated me like family. Thank you! 10 out of 10 would definitely recommend.”

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