The State of Florida is known for being a dangerous place for road users due to the high number of car accidents that happen each year. The Florida Highway Safety and Motor Vehicles (FHSMV) reported that 340,899 accidents happened on the roads of Florida in 2020, resulting in 212,261 injuries and 3,336 deaths.
The law in Florida requires that you seek damages from insurance companies first following an auto accident. However, when an accident involving an uninsured driver happens, the process of retrieving compensation for any injuries or property damage can become quite difficult. An experienced car accident lawyer can help you make a claim to receive the compensation you are owed from a car accident in St. Petersburg.
Here at The Law Place, we have over 75 years of combined experience in multiple practice areas, including many car accident cases. We have a strong team of accident attorneys who are skilled in managing cases like yours. Once you call us for a free consultation, a car accident lawyer from our law firm will thoroughly examine your case and advise you on whether you have a valid claim. If you decide to proceed with us as your legal representatives, we will fight tooth and nail to ensure you get the compensation you deserve.
Our priority is ensuring you receive justice for your St. Petersburg accident and that the uninsured motorist is held responsible.
Call us today to schedule a free consultation. Our lines are open 24 hours, 7 days a week for your convenience.
Florida Auto-Insurance Laws
There are insurance laws put in place to ensure that the roads are a safe place for all road users in Florida, including drivers, pedestrians, and cyclists. Florida Statute 627.736 sets out the requirements for drivers, stating that all road users must have personal injury protection (PIP) coverage with a minimum of $10,000 and property damage liability (PDL) of at least $10,000. This is to ensure that when an auto accident does happen, those involved have some level of coverage for any injuries or property damage they’ve sustained.
If you have been involved in an accident with an uninsured motorist, it can be difficult to receive any compensation. It is possible to take out uninsured & underinsured motorist coverage in Florida, which means that you will be protected against an uninsured motorist if you get into an accident. However, if you have not taken out this policy, the only way to receive compensation may be to lodge a claim for damages in court.
It is not required by law in Florida to have uninsured motorist coverage, but it is strongly recommended due to the high number of uninsured drivers on the road. This coverage protects you against not only uninsured but also underinsured drivers. This means that if you get into an accident with a driver who has the minimum amount of coverage required by law, and the compensation you are owed goes beyond this, you can claim under your own uninsured motorist coverage. Similarly, if you get into a collision with an uninsured driver, you will receive compensation up to the limits of your added policy. Having this extra coverage will make it much easier for you to recover compensation for any medical bills or damage to your property following a car crash.
Uninsured Motorist Accidents Liability in St. Petersburg, Florida
If you have been involved in a car accident with an uninsured driver in St. Petersburg, you may have to file a damages claim to receive the compensation you are owed. In order for a claim to be successful, it must be demonstrated that the other party was negligent and that their negligence resulted in you suffering injuries. An experienced car accident lawyer can help you receive compensation by establishing liability on the other party.
They will prove the following:
- A duty of care – If you are a road user in Florida, you automatically owe a duty of care to keep the roads safe. This duty requires that you take all reasonable steps to avoid an accident from happening.
- A breach in this duty – It must be demonstrated that the other party breached their duty of care to you by driving recklessly or negligently. Examples of this can include failing to obey traffic signals, texting while driving, or driving under the influence of alcohol or drugs (DUI).
- Causation – The other party’s negligent actions must have caused your injuries or damage to your property.
- Damages – It must be shown that you suffered damages as a result of the accident, including personal injury, property damage, pain and suffering, or wrongful death.
With car accidents involving an uninsured driver, it can be quite difficult to receive compensation from your own insurance company, especially if you do not have added uninsured motorist coverage. Once it can be proven that the other party was liable, however, you can receive compensation through a personal injury claim. An accident attorney from our law firm can help prove the above requirements on your behalf to ensure that you get justice for your St. Petersburg uninsured car accident.
Damages Available Following a St. Petersburg Uninsured Driver Accident
Depending on the particular circumstances of your auto accident in St. Petersburg, there may be a number of damages available for you to claim. An accident lawyer can help you claim the following damages:
- Medical bills – If you have been injured as a result of the accident, you can claim medical expenses for any hospital appointments and transport to and from these appointments. You can also claim future medical bills for any life-long injuries.
- Property damage – You can recover compensation for any damage to your vehicle, including valuable items contained inside at the time of the accident.
- Lost wages – If you have been left unable to work because of the accident, it is possible to recover lost wages, including any potential future earnings.
- Pain and suffering – You can claim pain and suffering damages for any emotional or physical distress you’ve suffered as a result of the accident.
- Wrongful death – If you have lost a loved one in an accident involving a driver without insurance, an accident attorney can help you file a wrongful death suit to recover funeral expenses and a loss of income to the family household.
One of the main problems with auto accidents involving an uninsured driver is that the driver often doesn’t have much means or assets. Because of this, judges can be reluctant to grant you a lot of compensation as they know the driver will be unable to pay. Even if they do grant you the compensation you are owed, further difficulties lie in actually collecting the money from them. However, there may be other avenues for you to receive the compensation you deserve. This is why we recommend speaking with a personal injury lawyer as soon as possible following your accident who can help you recover damages from the at-fault driver.
Discovery of Hidden Assets
One of the possible avenues for receiving the compensation you are owed is discovering that the other party has hidden assets. A car accident attorney can run a credit check on the party responsible in order to discover whether they have any hidden funds or assets. If it is established that they do, an attorney can file to have these assets frozen so that the other party can’t try and move or spend them. It is important that you speak with a lawyer as soon as possible, though, as the other party will be quick to try and hide their assets. The sooner you speak with a lawyer, the better chance they have at getting the assets frozen and thus getting you the compensation you are owed.
File a Claim Through Your Own Insurance Company
If you have been involved in a car accident, it is required by Florida law that you contact your own insurance company first. You usually have 24 hours to contact them, but your own insurance policy will indicate the particular time period. It is important that you contact your insurance if you have been in a car accident and the other driver is reluctant to give you their personal details or refuses outright. If they are acting suspiciously, it may be the case that they are an uninsured driver, and your insurance coverage may have a shorter period for you to claim against a driver that’s uninsured.
Insurance companies in St. Petersburg and throughout Florida are notorious for devaluing claims and doing everything in their power to not pay you out. This is why you should take caution when speaking with them by not providing them with any extra information and not admitting any fault on your behalf. Although Florida law requires that you call your insurance within the first 24 hours following the accident, we recommend speaking with one of our personal injury lawyers beforehand. We offer a free consultation where a lawyer can advise you on how best to communicate with your insurance office so that they don’t have enough information to try and devalue your claim.
When an uninsured driver is involved, it can be extremely difficult to receive any sort of compensation from your insurance coverage. This is particularly the case if you don’t have uninsured or underinsured motorist coverage. The sooner you get in contact with a personal injury lawyer, the better chance they have at recovering damages for you.
Call The Law Place Today
Car accidents in Florida are extremely stressful, particularly when the party responsible does not have an insurance policy to compensate you. Depending on how serious your accident was in St. Petersburg, you may have suffered serious injuries, which can result in huge medical expenses. It can be quite difficult to recover compensation from the at-fault driver in these situations, which is why we recommend speaking with a St. Petersburg uninsured car accident lawyer as soon as possible.
At The Law Place, we have a team of lawyers who are ready to help you with your case. Our law firm has over 75 years of combined experience in a number of practice areas, meaning you will benefit from a wide range of skills. We offer a free case evaluation for you to receive honest legal advice from a St. Petersburg uninsured car accident lawyer at no cost to you. If you decide to proceed with us as your legal representatives, we will go the extra mile to ensure that you receive the compensation you are owed for any medical bills or damage to your vehicle.
These types of personal injury cases require that you act fast, so don’t waste any time in contacting us. The more time you give us, the better chance we have of getting you the compensation you deserve.
Call us today to schedule a free case evaluation. Our lines are always open for your convenience.