Uninsured/Underinsured Motorist Accidents

Getting into a car accident is a stressful event. Unfortunately, being involved in a collision with a driver who is uninsured or underinsured can greatly add to that stress as victims fight with insurance companies to receive proper compensation for their injuries. The car crash attorneys at the Law Offices of Robert Dixon tenaciously fight for clients in Miami and other Florida locations to pursue the damages they deserve. Serving Miami-Dade, Broward, and Palm Beach Counties, we are dedicated to making sure insurance companies respect an accident victim’s rights and to holding liable those responsible for an accident.

In Florida, all motorists are required to obtain insurance to cover costs if they are involved in a collision. Unfortunately, many drivers fail to obtain proper coverage, and some do not have insurance at all. Florida law requires that motorists must have a minimum amount of personal injury protection (PIP), which protects all individuals who may be injured in an accident, including drivers, passengers, and other victims, such as pedestrians. Drivers must have $10,000 in PIP coverage for medical and disability benefits, and $5,000 for a fatality. Florida law also requires drivers to have at least $10,000 of property damage liability insurance. Since this is a no-fault state, insurance coverage compensates victims regardless of who is at fault for an accident.

Not everyone is required to obtain bodily injury insurance coverage, but some people must do so under Florida law. Drivers who have convictions for specified offenses, or have been involved in previous accidents, must have bodily injury coverage of $10,000 for injuries or death. In addition, motorists with previous driving under the influence (DUI) convictions must have insurance coverage for $100,000 for bodily injuries.

Despite the law, many motorists take to the roads either without insurance or with only the minimum amount required, which sometimes cannot cover the cost of a serious accident. Even if you are involved in a collision with an uninsured or underinsured motorist, you may still be able to recover damages from the driver’s other assets or insurance policies, or through your own insurer. To establish liability, an injured person can file an injury claim to prove negligence. The victim must show that:

• The driver owed a duty of care to act as a reasonably prudent driver would heave under similar circumstances;
• That duty was breached;
• The breach directly caused harm to the victim; and
• The victim suffered damages as a result.

Once negligence is established, you may be able to recover damages from your own insurance company if you have uninsured motorist coverage. This is not required under Florida law, but it protects people involved in this type of accident. Uninsured motorist coverage allows you to receive the maximum amount allowed under a motorist’s policy if a serious crash occurs. Otherwise, most insurance companies will compensate their policyholders for 80 percent of medical bills and a percentage of lost wages until the PIP coverage amount is reached. If you do not have uninsured motorist coverage, you may receive compensation from the other driver’s assets or possibly another insurance policy. Damages that may be available include medical expenses, loss of wages, lost earning capacity, pain and suffering, and property damage.

If you have been injured in a collision near Miami involving an uninsured or underinsured motorist, the car accidents at the Law Offices of Robert Dixon can help you pursue the compensation you need. We have the experience and skill to litigate your claim against responsible parties or assist you in receiving financial coverage from your insurance company. Contact us to schedule a free consultation regarding your accident. Please call 877.499.4878 or contact us online for a free, no-obligation consultation.