If the other driver is uninsured in Tampa, you will not be able to file a third-party insurance claim. This means that you may need to seek financial compensation through your own insurance provider, and the financial burden on your insurer may be greater than if the at-fault motorist had insurance coverage. You may also be able to sue the uninsured driver.
A Tampa car accident lawyer can be of immense help to any accident victim, but especially those injured by an uninsured motorist. These cases can be unusually complicated, and having a lawyer lead your case may bring relief and help you secure fair compensation.
How A Lawyer Secures Compensation After An Uninsured Motorist Collision
When you are not able to file a third-party insurance claim because the at-fault driver has no insurance, your options are generally limited to:
Seeking Compensation Through Your Auto Insurance
Florida’s no-fault insurance system means that a driver’s own insurance provider generally pays for some portion of the accident cost. Some types of automobile insurance coverage you may access after an accident with an uninsured motorist in Tampa are:
- Personal injury protection (PIP) coverage, which the Florida Highway Safety and Motor Vehicles (FLHSMV) explains, covers 80% of necessary and reasonable medical expenses up to your coverage limits
- Uninsured motorist coverage, which is elective but can cover medical costs that PIP does not, vehicle damage, and certain other accident-related losses
Uninsured motorist coverage is important because Florida is repeatedly one of the states with the highest percentage of uninsured drivers. This is why many of our clients have uninsured motorist coverage, and we take full advantage of that coverage when an uninsured driver strikes them.
Suing The At-Fault Uninsured Driver
When a motorist chooses not to maintain active auto insurance, they:
- Violate Florida law
- Are clearly guilty of negligent behavior
- Put an unreasonable financial burden on those they hit
- Lose the protection that auto insurance, and auto insurance providers, afford
Because uninsured motorists are clearly in the wrong and do not have the protection of insurance, they are exposed to lawsuits. If financial circumstances make sense, suing the uninsured motorist who caused your accident may be worthwhile.
Naturally, identifying the uninsured motorist is necessary before filing a lawsuit against them. Because uninsured motorists sometimes flee the accident scene, your attorney may need to work with the Hillsborough County Sheriff’s Office, Tampa Police Department, or another law enforcement agency overseeing the accident investigation.
Dealing With Insurers That Act In Bad Faith
When drivers in Tampa and elsewhere purchase auto insurance, they expect the insurance company to deliver on their contractual obligations. Unfortunately, insurance companies’ for-profit model means that their financial interests do not typically align with the claimants—you deserve compensation, but the insurance company likely does not want to offer a fair settlement.
These conflicting interests can prompt insurance providers to act in bad faith, which may include:
- Denying your claim
- Claiming that you are at fault for the accident
- Falsely claiming that your insurance policy does or does not include certain details or conditions
- Contesting the value of your financial losses
- Offering one or more lowball settlements
- Unnecessarily delaying the claims process
Do not worry about these potential challenges, which can be distressing for those who are not familiar with insurers’ bad-faith strategies. Allow a Tampa uninsured motorist lawyer to manage every detail of your claim.
How A Tampa Lawyer Can Help You Secure Fair Compensation
The steps you take after a collision with an uninsured motorist must be intentional. You should consider taking the following actions to aid your case:
- Report your auto accident to your insurer
- Get medical attention
- Hire a Tampa car accident lawyer
Hiring a lawyer may be the step you should prioritize. Once you have a lawyer representing you, they will ensure you get the care that you need. They will also make sure your insurance provider, and any other parties that need to be informed, recognizes your accident and claim.
Your lawyer will have many responsibilities that likely include:
Researching The Uninsured Motorist
As your lawyer determines whether suing the uninsured motorist makes sense, they may need to research that motorist’s financial situation.
Proposing A Case Strategy Based On Your Unique Circumstances
Once your lawyer has gathered all relevant information about the uninsured motorist, they may advise you whether filing a lawsuit is a logical course of action.
Dealing With Your Insurance Carrier
Your attorney will deal with your insurance provider and all other parties involved in your case. This should grant you more time to focus on your recovery.
Leading Any Claims And Lawsuits Resulting From The Accident
Some steps that a lawyer will take to supplement any insurance claim or lawsuit are:
- Gathering video, witness testimony, police report, and other evidence proving the uninsured motorist is responsible for the accident
- Securing medical records, medical bills, income records, expert insights, and other documentation of your damages
- Negotiating a settlement, whether with your insurance provider or counsel for the uninsured motorist
- Representing you in court, if necessary
A lawyer’s advice and services can be worth far more than their fee. Hiring a Tampa car accident lawyer can help you navigate the complexities of your case.
Recoverable Damages In Uninsured Motorist Cases
You deserve fair compensation for any harm resulting from the accident, which may include:
- Medical bills
- Loss of income
- Pain and suffering
- Vehicle repair costs
You may have additional damages, as each accident victim suffers in unique ways and degrees. Our team will demand precisely the compensation you deserve based on your unique losses.
Let’s Discuss Your Legal Options If You Were Hit By An Uninsured Driver In Tampa
Florida does not leave much time for accident victims to seek justice for their damages, as Florida Statutes § 95.11 sets a deadline for filing most personal injury lawsuits. Do not wait to contact our legal team about your case.
Call the Law Offices of Anidjar & Levine for your free, no-risk consultation to discuss your legal options if the other driver was uninsured in your Tampa car accident.
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