Florida Motorists - Do You Have Protection Against Uninsured Drivers?
Corbin Sutter
Insurance Laws
People all over Venice and Port Charlotte drive for a variety of reasons. Many people need to drive to work or for personal or recreational reasons such as visiting with friends and family or going out to have some fun at another location.However, because so many Floridians—and tourists unfamiliar with the area—are on the road at any given time, accidents can happen. People accept this because no one is perfect, and mistakes may be made, but things are fine as long as everyone owns up to their responsibilities in an accident.
But this is where things can fall apart, as accidents can result in car damage or even injury, but sometimes even the finances aren’t properly cared for. This is the nightmare scenario for some if there’s a car accident, but one of the people involved is uninsured.
The Insurance Safety Net
Insurance exists as a way for people to get the money they need in an unexpected event that requires suddenly spending a lot of money that may not be on hand. Car accidents are the most obvious example of this, where a car can require considerable amounts of money to repair the damage. The same may be true for medical treatment, depending on the extent of the injuries and the type of health insurance and benefits a person may or may not have.
As long as people have an insurance policy and an emergency event that falls within the circumstances outlined in that insurance policy, money will be issued by the insurance company to pay for the required recovery effort. When an accident has occurred where someone else is to blame, the insurance company of the person at fault will be expected to cover the costs.
However, things differ a little bit in Florida due to the unique set of laws the state enforces with regard to
insurance for car owners.
The No-Fault Situation
Florida is one of only 12 states in America that has adopted a “no-fault” protocol for car accidents. This means that should a car accident occur; it doesn’t matter who is at fault in the accident; your own insurance company will automatically spring for the expenses required. However, this also means that all drivers must have a special insurance policy called personal injury protection, which will protect the driver, passengers, and family members of the driver, as potentially other people in other vehicles that may be injured.
One thing to be aware of is that the PIP policy is not total coverage for an injury. Depending on the costs of an injury, up to 80%, or a maximum of $10000, is provided by PIP. Anything that goes beyond $10000, or the remaining 20% of the costs are either paid by the policyholder themselves or, if they are not at fault, the insurance of the person at fault steps in to make up the difference.
This, of course, now begs the important question. If you have costs that exceed $10000, or someone else is at fault and is legally obliged to pay the remaining 20%, but doesn’t have insurance, what happens now?
here’s Insurance For That
Unfortunately, in Florida, some drivers prefer to save money and let their insurance policies lapse, thinking they’ll be fine as long as they don’t get into an accident… until they do. However, additional insurance exists for drivers who are concerned about this scenario. This means that policyholders who do get into an accident where someone else is at fault get additional insurance coverage to supplement PIP expenses that the at-fault driver’s insurance company should have provided.
This requires proactive foresight on the part of drivers, but for people who want to be prepared for any eventuality on the road, it’s always a good idea to consider this kind of additional coverage. If you don’t have this extra insurance policy, there are still other ways.
The Lawsuit Challenge
A lawsuit is one possible route for holding an at-fault, uninsured driver responsible. With definitive proof of a driver being at fault, a lawsuit would get the verdict an accident victim needs. Unfortunately, the reason most people dispense with an insurance policy, to begin with, is that they don’t have a lot of money, so suing someone in court and winning is an empty victory if the person sued doesn’t have the money required.
In these situations, there are alternatives to a lawsuit for a fixed, one-time lump sum of money. It’s also possible to get the money in smaller payments through methods such as:
• Garnishing wages
• Setting up a monthly/weekly payment system
• Seizing other assets if available.
If you’re injured in a car accident, and someone else is at fault, you always have the option to talk to an auto accident attorney. This is especially true if unusual circumstances or severe injuries take the case out of the realm of an ordinary fender bender, and more legal expertise is required for a successful outcome.