What To Do If You’re Hit By An Uninsured Driver in Florida

hit by uninsured driver

A car accident is bad enough, but when the other driver doesn’t have insurance? That’s a nightmare. Now your car is wrecked, you’re injured, and you have no idea how you’ll pay for it all.

As experienced car accident lawyers in Orlando, we’ve seen this play out more times than we can count. But don’t panic. We can guide you through exactly what to do after an accident with an uninsured driver. We’ll talk about how to file a solid claim and whether it’s worth going after the driver personally.

By the end, you’ll understand the easy steps for getting the compensation you deserve. Most importantly, we want you to know you have rights, and you don’t have to tolerate getting stuck with expenses because someone else failed to get insurance.

Secure the Scene and Call for Help

If you’re involved in an accident, the priority should be ensuring the safety of everyone involved. Move your vehicle to a safe location, if possible, and call emergency services when injuries or property damage is significant.

Even if the accident seems minor, it’s essential to report it to the authorities, as they will create an official record of the incident, which can be invaluable when filing an insurance claim.

Gather Information and Evidence

Once the scene is secure, exchange contact and insurance information with the other driver when available. If the driver is uninsured or refuses to cooperate, make note of their license plate number and any identifying details about their vehicle.

Documenting the accident scene is crucial. Take photographs of the damage to both vehicles, the positions of the cars on the road, and any visible injuries. Collect contact information from any witnesses who may have seen the accident occur.

Notify Your Insurance Company

Promptly notify your insurance company about the accident, even if the other driver is uninsured. Your insurance provider can guide you through the collision claims process and advise you on the best course of action. Failure to promptly report the accident could jeopardize your ability to file a claim.

File an Uninsured or Underinsured Motorist Claim

Uninsured and underinsured motorist (UM and UIM) coverage is essential to any liability insurance policy. It provides financial protection if you are involved in an accident with a driver who lacks sufficient coverage or holds no insurance.

Uninsured motorist coverage comes in handy when the at-fault driver has no insurance to redress your damages and injuries. On the other hand, Underinsured motorist coverage is used when the at-fault driver’s insurance limits are too low to compensate you for all your losses.

After taking the necessary steps at the scene of an accident with an uninsured driver, the next critical step is to file a UM or UIM claim with your own insurance company.

Gather key evidence to support your claim like:

  • Police reports
  • Medical records/bills
  • Lost wage documentation
  • Photos, and
  • Witness statements

After filing a UM/UIM claim, an adjuster investigates by reviewing your documentation and evaluating damages. They determine the value of your claim based on the extent of injury and damage shown.

Cooperate fully by providing all requested information timely and attending any scheduled appointments. Respond promptly to any additional requests to avoid delays. Understanding your coverage and providing complete documentation leads to faster claims resolution.

Is it Worth Suing the Uninsured Driver?

After dealing with insurance claims and adjusters, you may be tempted to sue the uninsured driver personally. We get it- you want them to pay for the trouble they’ve caused. But, before taking legal action, be aware of some key challenges:

  • Money Issues — Does the driver have assets to collect if you win? If they can’t afford car insurance, they likely don’t have extensive finances available. Getting a judgment is useless if you can’t get money from them.
  • Hard to Locate — Many drivers without insurance skip town after an accident to avoid consequences. How will you track them down to serve legal documents? You may need to pay for a private investigator.
  • Stressful Process — Lawsuits require time and emotional energy. You’ll need to gather evidence, respond to requests, do depositions under oath, and ultimately convince a jury the other driver is liable. Is the payout worth the headaches?

While we can’t tell you not to sue, we encourage you to really weigh the practical pros and cons first. Our Orlando car accident lawyers can provide guidance on realistic outcomes to help decide if a lawsuit makes strategic and financial sense. Don’t let anger cloud your judgment – focus on steps most likely to be rewarded.

Hire an Uninsured Car Accident Attorney

If an uninsured driver hits and injures you, hiring a lawyer who specializes in these types of cases is highly recommended.

An experienced attorney will:

  • Establish Fault – Prove the uninsured driver’s negligence legally caused the accident, regardless of their lack of insurance.
  • Maximize Compensation – Pursue all possible options to demand higher damages owed for medical bills, lost wages, pain and suffering costs.
  • Appeal Claim Denials – Fight back if your claim gets wrongly denied due to lack of evidence. An attorney has methods to build a compelling case.
  • Handle Litigation – If reasonable compensation is not offered, skilled litigation lawyers can effectively present your case in court for maximum damages.

At Purely Legal, the client is always the priority. We recognize that no two situations are the same. Our mission is to understand your unique needs and efficiently assist you in a cost-conscious manner.

Our passionate attorneys have proven experience overcoming claim hurdles that individuals often face alone. We carefully explain all options and guide you through each step of the process with honesty and integrity. Let our uninsured motorist experts help you recover maximum damages.

Author Bio

Orlando Sheppard

Orlando Sheppard is a Co-Founder and Partner of Purely Legal, a multi-state personal injury law firm serving clients in Florida, Georgia, Maryland, and Washington, D.C. He handles a wide range of personal injury matters, including car accidents, bike accidents, dog bites, premise liability, slip and falls, and wrongful death.

Orlando received his Juris Doctor from Florida A&M University College of Law and is a member of the Florida Bar, the Maryland State Bar Association, and the Orange County Bar Association.

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