can an attorney recover damages in florida from a driver who has no insurance

If you have been injured by an uninsured or underinsured motorist and you are unable to find an attorney who would file suit against the responsible party, your only option may be to attempt to recover a portion of your damages through a small claims legal action.

Full Answer

What damages can I recover after a car accident in Florida?

Suing to Recover Damages on an Uninsured Driver in Florida. In certain instances, suing to recover damages from a car accident can be a valuable option for a driver who is injured by another driver and has significant medical expenses as a result. Furthermore, an uninsured motorist has no protection from a tort case in which they are named as a defendant.

What happens if you drive without car insurance in Florida?

Mar 15, 2017 · Option 1 for Recovery: Suing the Uninsured Driver Unfortunately, the majority of uninsured drivers in Florida are uninsured because they do not have money to afford insurance. This usually means that you will not be able to recover a large amount of money from them as they do not have anything to pay you. That being said, all hope may not be lost.

What happens if the other driver is at fault in Florida?

Can an uninsured motorist sue for damages in a car accident?

Can you sue an uninsured driver in Florida?

You don't necessarily have to sue the uninsured driver to get the compensation you deserve after a Florida motor vehicle accident. It can also be a good idea to think about suing your own insurer if they refuse to pay despite having uninsured motorist coverage.

What happens if the person at fault in an accident has no insurance in Florida?

Florida is a no-fault state, meaning that both parties look to their own insurance coverage to pay for repairs and medical costs after a car accident, no matter who was at fault. If you caused the accident and did not have insurance, you would be financially liable for the other parties' damages.Dec 21, 2021

What happens if a non insured driver hits my car?

Even if the other party is uninsured, if the accident is your fault then you'll be responsible for their repair costs. This should be covered by basic third-party insurance, however, repairs to your car will only be covered under comprehensive insurance.Jun 17, 2015

Do insurance companies go after uninsured drivers?

If you are in an accident caused by another uninsured individual, your insurer will usually action third party recovery on your behalf if you are the policyholder.Apr 17, 2021

Who pays for car damage in Florida?

In Florida, all owners and operators of motor vehicles are responsible for having insurance coverage for damage they cause to someone else's vehicle in an accident. The penalties for not having such insurance could include suspension of one's driving privileges.

Can someone sue you for a car accident in Florida?

In Florida, a person injured in a car accident is entitled to sue the at-fault driver and the owner of the at-fault driver's vehicle personally. Even if the at-fault driver has insurance, the injured person can still file a lawsuit for the amount of their damages against both the at-fault driver and the vehicle owner.Mar 7, 2022

How do I claim against an uninsured driver?

Fortunately, if you have been involved in a road traffic accident with an uninsured driver, which was not your fault, you can make a claim through the Motor Insurers' Bureau. The MIB is an organisation set up and funded by motor insurers to deal with claims without a known insurer to direct it to.Feb 26, 2020

Will a non fault accident affect my insurance?

Unfortunately, yes it does. In many cases, your premiums will go up after you've declared a non-fault claim to your insurance provider. This is because certain circumstances surrounding the accident, even if it wasn't your fault, may lead to more accidents in the future.Sep 20, 2021

What is the Uninsured Drivers Agreement?

The role of MIB under this Agreement is to provide a safety net for innocent victims of identified, uninsured drivers. MIB's funds for this purpose are obtained from levies charged upon insurers and so come from the premiums which are charged by those insurers to members of the public.

Is Florida a no-fault state?

Florida is a "no-fault" car insurance state, which means the insurance claim process is meant to be more efficient after a car accident, since your own insurance pays for your medical bills and other economic losses.

What happens if someone else is driving my car and gets in an accident?

But as a thumb rule, every person who drives your car will be provided cover by your insurance company. The insurance company will exclusively mention someone who is excluded from the coverage and that particular person will not be provided coverage in case of an accident while driving your car.Sep 6, 2021

Can you get insurance after an accident?

Steps to follow for claiming car insurance after an accident Intimate the police about the incident and obtain an FIR. Record the details of the car, the driver, and the witnesses in the FIR. File a claim with your insurance company and ask them to assign a surveyor to evaluate the loss.

What happens if you don't have insurance in Florida?

This happens more frequently than it should. An unsuspecting motorist is involved in a car accident caused by another driver that does not have insurance. While Florida has stiff penalties for driving uninsured, that doesn’t prevent some motorists from allowing their coverage to lapse.

Can you suspend your license if you are uninsured?

You may also attempt to suspend the uninsured motorist’s license until the settlement is paid in full. In other words, you don’t simply have to eat the bill when an uninsured motorist causes you physical harm that results in unpaid medical expenses and loss of work. You are entitled to compensation.

Is Florida a no fault state?

Since Florida is a no-fault state, the majority of an accident claim will be paid out by your car insurance agency. Insurance companies generally cover around 80% of your personal injury expenses. This includes medical bills and other expenses related to your injury.

Can you sue an uninsured driver in Florida?

Suing to Recover Damages on an Uninsured Driver in Florida. In certain instances, suing to recover damages from a car accident can be a valuable option for a driver who is injured by another driver and has significant medical expenses as a result.

Do you have to have car insurance in Florida?

Florida Law Mandates that Drivers Have Car Insurance. In order to legally drive in the state of Florida, a driver must have car insurance. Those that don’t are not only subject to the civil damages of paying for the damage to your car and medical injuries, they are also subject to legal ramifications of driving without insurance coverage.

What happens if you get into an accident with an uninsured driver?

If you get into an accident with an uninsured driver and you hold uninsured motorist coverage, you may be able to recover from your own insurance company. Right after your accident, you should notify your own insurance company that you intend to file an uninsured motorist claim and ask them about the time limit for filing such a claim under your individual policy. You will subsequently negotiate with your insurance company and if you are unable to reach a settlement with them, your case will proceed to litigation or arbitration.

What is the minimum amount of insurance required for a car in Florida?

Specifically, Florida requires that all drivers have $10,000 of personal injury protection (PIP) and $10,000 of property damage liability coverage (PDL).

How much does it cost to reinstate a driver's license in Florida?

The reinstatement fee for a Florida driver’s license is around $150, and $500 for subsequent violations, according to the Florida Department of Highway Safety and Motor Vehicles.

What happens if you don't have insurance?

The biggest disadvantage in an accident caused by another driver if you don’t have auto insurance is you’ll most likely have to pay for your own damages out of pocket. This means that you will be personally financially responsible for your losses in addition to any losses you caused a result of your negligence.

Is PIP available in Florida?

You will not be afforded PIP because Florida is a No-Fault state and as explained each person involved in a crash will use their own insurance for this. Since you were not insured, you will not have access to this coverage. You will be afforded Bodily Injury Coverage available to the at-fault driver at the time of the crash in addition ...

Can you get your license suspended in Florida?

Your license may also be suspended and, before issuing you another license, the state of Florida will require you to pay for a policy in full and prove that you are insured while driving. One thing to consider in Florida is that motor vehicles are considered dangerous instrumentalities. This means that the driver of a motorized vehicle, ...

Does Florida require PIP insurance?

Standard insurance coverage typically just pays property damage and medical expenses. The state of Florida only requires Personal Injury Protection (PIP) coverage and Property Damage (PD) coverage to be “fully insured” even though with these bare minimum coverages you are far from fully Insured.

Can you drive without insurance in Florida?

This means that an uninsured driver involved in an at-fault collision often will have a very difficult time driving legally in the state of Florida for months and sometimes years following an at-fault collision. You will probably be assessed a penalty for driving without insurance, such as suspension of your driver’s license.

Does insurance cover minor injuries?

This means that even if the car accident is your fault, the other driver’s car insurance policy should cover any minor damages or injuries that he or she sustains. If the driver you hit has uninsured or underinsured motorist coverage, then you’re in luck.