What to Do After a Car Accident Caused by an Uninsured Driver
The Orlando car accident lawyers at Colling Gilbert Wright know how stressful any accident claim can be, let alone a wreck involving an at-fault driver who doesn’t have auto insurance.
There are only so many ways you can prepare for car accidents, especially in these circumstances. Our attorneys can help you take the right steps, so your injuries and vehicle damages are covered. We’re available to answer any questions about car accidents and insurance claims.
Pursuing Compensation Through PIP
As stated in Florida Statutes § 627.7407, Florida is a “no-fault” state. Drivers in the Sunshine State must carry Personal Injury Protection (PIP) insurance, according to Florida Statutes § 324.021. No matter who caused your crash, PIP will be your first source of compensation for property damage and bodily injury.
PIP may also be used for damages and injuries that result from a collision with an uninsured driver. If you were involved in an accident with an uninsured driver in Orlando, the experienced lawyers at Colling Gilbert Wright can file the insurance claim and work with insurance adjusters on your behalf.
Potential Coverage Under Your PIP
One of the advantages of Florida’s no-fault status is that you are protected, within limits, by your own PIP insurance. Depending on your injuries, your PIP may cover:
- Ambulance transportation
- Emergency room treatment
- Medical devices and equipment
- Medical specialists such as anesthesiologists and surgeons
- Medical tests
- Rehabilitative care, such as physical therapy
- Lost wages
Keep in mind that only the first $10,000 for injuries is covered under PIP. If you are severely hurt or need extensive medical care, you can easily outspend this coverage. The Orlando car accident lawyers at Colling Gilbert Wright may be able to help.
Pursuing Compensation Outside of PIP
To pursue damages outside of PIP coverage, you can prove two things:
- That the other driver is legally responsible for causing the wreck.
- That you suffered a “significant” or “permanent” injury as defined by Florida law
Compelling evidence is needed to meet both of these requirements. If the insurance company does not believe that you have a claim (or if they don’t believe that you would win if you took your case to court), it will not pay you the compensation you deserve.
An experienced attorney will review the facts in your case and stand up to the insurance company on your behalf.
What to Do After a Wreck with an Uninsured Driver
Filing a claim for an accident that involved a negligent driver who has no insurance or doesn’t have coverage for the extent of your injuries and damages is similar to your average car accident claim, which involves:
Step 1: Seek Medical Attention
Your first priority should be the health and safety of everyone in your vehicle. If anyone is injured and requires emergency treatment, call 911 immediately.
Step 2: Exchange Information
If the driver is uninsured, they will likely avoid or refuse to give you this information. While you wait for the police to arrive, speak with the other driver and share vital information such as:
- Both of your names, addresses, and phone numbers, which includes the other driver’s name and the owner of the vehicle, if they are separate people
- Policy number, the name of the insurance company, and the policy holder’s name
- The model, make, color of the vehicle, and the VIN number (if necessary)
Step 3: Gather Evidence
Take detailed photos of the damage to both vehicles, so you have proof of which damages were caused by the accident and which scratches or dents were already there. Identify any witnesses such as people on the sidewalk who stopped when they saw the crash. Ask for their name and phone number and see if they’re willing to stay to speak with the police officer on the scene.
Step 4: Contact the Police
Insurance claims require a police report. It’s important you stick around to speak with an officer and provide your statement. He or she can document the incident, which makes filing your claim easier.
Step 5: Contact Your Insurance Company
There are time constraints for filing your car accident claim, and these are further limited when there’s an uninsured or underinsured driver. The sooner you contact your insurance company, the better your chances of recovering the costs of your injuries and vehicle damages. You will need to have all of your injuries well documented and list your medical expenses.
Step 5: Contact an Attorney
After getting into an accident with an uninsured or underinsured driver, obtaining counsel from a knowledgeable lawyer can be critical for pursuing fair financial compensation for your injuries and losses. You risk nothing by contacting Colling Gilbert Wright for a complimentary case review. During your free initial consultation, our lawyers will listen to your side of the story, assess the merits of your case, and explain your rights and legal options. If we don’t think you have a case, we’ll let you know right away. We won’t lead you on with false hope and unrealistic expectations.
Contact Our Orlando Car Accident Lawyers for Free
If you’ve been in a car accident that involves an uninsured or underinsured driver, please call our car accident lawyers as soon as possible at (407) 712-7300. Colling Gilbert Wright serves clients in Orlando and surrounding areas of Florida.