Getting fair compensation after being injured in a wreck is more difficult when the at-fault driver does not have insurance. It is important to explore your options with an experienced car crash attorney after an uninsured/underinsured car accident in Orlando.
Colling Gilbert Wright is a personal injury law firm that has been obtaining favorable resolutions for injured people for more than 20 years. Most of our cases are referrals from past clients or other attorneys who have worked with us over the years. We are proud of that fact and consider it an endorsement of our knowledge, skill, and compassion.
Filing a Claim With Your Insurer
When you are injured in an auto accident, Florida’s no-fault system requires you to file a claim for your lost wages and medical expenses with your PIP insurance. Your PIP will pay 80 percent of your medical expenses and 60 percent of your lost income up to your policy coverage limits. PIP pays these expenses regardless of who is at fault for the accident.
When you have a significant injury, you may need to file a legal claim against the at-fault driver to obtain full compensation. When you file a legal claim, your damages include the losses that PIP did not cover, future medical expenses, reduced earning capacity, and compensation for your pain and suffering. Our Orlando attorneys have a stellar record of obtaining substantial sums for people seriously injured in wrecks with uninsured/underinsured drivers.
Obtaining reasonable compensation is more challenging when the at-fault driver is uninsured. If you purchased optional uninsured motorist (UM) coverage, you can submit a claim for your losses to your insurance carrier. However, even though you are dealing with your insurance company, it may dispute your claim. You may need the services of a skilled legal professional to convince your UM insurer to compensate you fairly.
Can You Bring a Lawsuit Against the Uninsured Driver?
Florida Statutes § 324.021 requires anyone who registers a motor vehicle to carry liability insurance in addition to PIP. When a driver has this coverage, and you suffer a serious injury, the at-fault driver’s liability insurance typically covers your losses. When the at-fault driver broke the law and has no insurance, they are personally liable to pay you compensation.
In theory, you can sue the at-fault driver for your injuries just as you would if they were insured. When you can prove their negligence caused the crash that injured you, the driver is legally responsible for paying your damages. A court could issue a judgment against them that you could enforce against their assets.
Our Orlando car accident attorneys will look into the uninsured driver’s financial position before making a decision about how to proceed. If the at-fault driver has equity in a home, owns a business, or has a professional degree with the potential for high future earnings, proceeding with a lawsuit against them may make sense.
Identifying Other Potentially Responsible Parties
There are often other parties besides the at-fault driver who bear some responsibility for a crash. When the at-fault driver in an Orlando car crash is uninsured, it becomes especially important to identify anyone else who may be liable for the incident.
Employers
When the at-fault driver was on the clock or engaging in work-related travel when the accident happened, their employer could be liable for your injuries. If you were working when the accident occurred, you are likely entitled to Workers’ Compensation benefits.
Other Involved Drivers
Accidents sometimes involve several vehicles. When there were other drivers involved besides the uninsured driver, an investigation may reveal that an insured driver has some responsibility and can be held partially liable for your injuries.
Manufacturers
Investigating whether there was a defect in one or more of the involved vehicles can be fruitful. When there is evidence that a manufacturing defect contributed to the accident, you could hold the manufacturer and others in the supply chain responsible for the crash.
Consult an Orlando Attorney If You Were Injured By an Uninsured Driver
Dealing with the aftermath of an accident that caused you an injury is a stressful experience. When the at-fault driver is uninsured, it adds another layer of uncertainty and complexity to the ordeal.
At The Florida Firm, our attorneys are experienced in complex litigation and adept at creative problem-solving. We will investigate every possibility to get you the compensation you deserve after an uninsured/ underinsured car accident in Orlando. We work on a contingency basis and offer free initial consultations, so contact our intake team today.