What Can I Do After Being Hit By An Underinsured Driver?

After being hit by an underinsured driver in Florida, damages will be covered by your insurance policy. You'll have to file a claim with your insurance company and you can sue the at-fault driver for additional damages. You can easily rely on the sound representation available at the Law Offices Of Sean M. Cleary.

Auto accidents are highly stressful events, especially when you suffer due to another's negligence. The Law Offices Of Sean M. Cleary is committed to helping restore your peace of mind.

In Florida, the system used for auto insurance is a no-fault one.

  • Your PIP covers you and any passengers in case of an accident, no matter who was at fault.
  • If you have underinsured motorist coverage, you have better chances of recovering all your damages.
  • You can make a claim against your insurer up to the limit of your coverage.

When Is a Driver Underinsured?

Florida is a no-fault state, and every vehicle owner is required to carry their own auto insurance. An underinsured driver has minimum insurance that does not cover all the expenses of a possible accident. What this usually means is that an underinsured driver will not be able to pay the full amount of damages.

An underinsured driver is a person who bought insurance that does not cover all the expenses of a possible accident. If an underinsured driver hits you and damages your car or your physical integrity, his or her insurance policy will not cover all the damages.

There are a lot of underinsured drivers out there. If you want to be covered in case of an accident, you can add underinsured motorist coverage to your own policy. This clause will protect you from drivers whose liability limits are too low and cover your potential damages extensively.

When you purchase a car, proof of insurance is required to obtain the appropriate vehicle registration. The minimum limits for Florida vehicle insurance coverage are:

  • $10,000 no-fault or PIP, personal injury protection insurance
  • $10,000 PDL, property damage liability insurance

Personal Injury Protection covers 80% of your medical bills and 60% of your lost wages after an accident, regardless of fault, up to $10.000 in general, and property damage coverage. The kicker is that Bodily Injury Coverage is not mandatory in Florida.

If you do not have underinsured motorist coverage, you were seriously injured, and you believe you can recover from the negligent driver, they are the person you need to sue.

Can I Sue for Damages After an Accident with an Underinsured Driver?

If you are injured in an accident caused by an underinsured driver in Miami, you will be unable to cover all of your expenses, including:

  • Hospital bills
  • Possible recovery costs
  • Car damages.

However, before you decide to sue the driver, there are some things you need to remember.

  • The first thing is the fact that a person who has insufficient insurance might be a person you can't recover from. To cover the damage done to you and your car, the person who hit you should have some valuable assets. Otherwise, you are simply knocking at the wrong door.
  • The second thing is the fact that a lawsuit can take a long time and you might end up waiting weeks, even months to collect the damage recovery from the other driver.
  • Finally, keep in mind the fact that you could settle amicably by only having a conversation about insurance policies. You could resolve the situation between the two of you.

Suing may not be the best option if you want to recover the damages, collect the insurance, get well, and repair your car fast. Contact Miami-based lawyer Sean M. Cleary for a free consultation if you were injured by an underinsured driver.

Disclaimer: Please note that the information provided on this site is not formal legal advice, also the site does not allow you to form an attorney-client relationship.