Protecting the Rights
of Injury Victims

Thomas DeLattre and Glen D. Wieland

A crash, an uninsured driver and the issue of compensation

On Behalf of | Jul 27, 2020 | Auto Accident |

According to the law in every state, a driver must carry automobile insurance. However, a large number of drivers do not.

If you are the victim in a collision with an uninsured driver, what steps should you take toward obtaining compensation for the injuries you sustain?

Understand the law

Automobile insurance is compulsory in the U.S. and motorists must carry policies that at least contain minimum requirements in each state. Florida is a no-fault state, which means the insurance agency that holds your policy covers you if you are in a minor vehicle accident. However, if you sustain injuries as the victim of a collision, you have the right to file a claim for compensation with the other driver’s insurance company to cover your medical expenses and more.

Avoid an offer of cash

If you are in a collision with an uninsured driver, he or she may offer you cash for repairs to your car, making the argument that you can avoid having to deal with insurance companies as well as law enforcement. Do not accept this offer. At this point, there is no way to know how much repairs will cost. In addition, you have not yet seen a doctor and, although you may feel fine, you could have an underlying injury. It is also important that you call the police and report the incident.

Document the scene

Your best course of action following a crash with an uninsured motorist is to take pictures of the crash site, the damage to the vehicles, the license plate of the other driver, and, if possible, any visible injuries. You should also seek prompt medical attention, which will provide you with a diagnosis and possible treatment and generate a medical report. This plus the crash site photos will provide essential evidence when the time comes for you to submit a claim for insurance compensation.

Know what to expect

In accordance with Florida law, if you file a lawsuit against an uninsured motorist carrier, you may sue for damages, interest on unpaid benefits and reasonable attorney’s fees. In short, you are eligible to receive the total recoverable damages. Remember the phrase “When justice matters,” and expect the best outcome possible for your case.

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