If the at-fault party in a motorcycle accident doesn’t have insurance, you can file an uninsured motorist claim with your own insurance company to seek compensation for your damages. If you don’t have uninsured motorist coverage, you may need to pursue a personal injury lawsuit against the at-fault driver to recover costs for medical expenses, property damage, and other losses. Consulting a motorcycle accident lawyer can help you navigate these options and ensure you receive fair compensation, even in complex situations involving uninsured drivers.
If you have been involved in an accident with an uninsured driver, you may feel at a loss for what to do next. This is where a skilled attorney will be able to help. At The Law Place, we have over 75 years of combined experience. We offer a free consultation service that will allow you to talk to one of our team and ask all the questions you have. Then together, we will work to give you the best advice possible so that you can take the next step towards getting your life back on track.
Don’t let someone else’s negligence affect your life. Contact us today at (941) 444-4444. Phone lines are open 24/7.
How Can I Claim Compensation?
The most important thing to note is that you can still recover compensation even if the at-fault party does not hold insurance. If you have suffered severe injuries, then your case may become more challenging. This is why we advise that you seek the advice of an experienced auto accident lawyer as soon as possible.
Following an accident, you should acquire medical attention, which can then be used as evidence in your claim. As stated in Florida Statute 627.736, you have up to 14 days to get medical attention before you are no longer able to claim back the expenses from your insurance provider.
Furthermore, it is advisable to retain any documents that you can later use to prove that you have suffered as a result of your accident. This can include medical bills, invoices, receipts for travel, and medication. You should also keep documentation that demonstrates any loss of income. In the event that you are not able to continue working, both in the short term and in the long term, you may be able to have such losses compensated.
Building a case against an uninsured driver can be challenging, but an attorney can help you with exploring the options you have, including:
- Collecting from your insurance.
- Making an uninsured motorist claim.
- Personally suing the driver that caused the collision.
Making sure that you have a lawyer with proficient experience will be imperative to your case. It can be the difference between receiving the compensation you are entitled to and taking a lower settlement. Allow yourself the time to research any firm that you consider and talk to the lawyers themselves before making a decision.
What Is a No-Fault State?
Florida Statute 627.7407 stipulates that Florida is a no-fault state, meaning that a driver’s auto insurance will cover any damages or injuries they receive in an accident, rather than the insurance provider of the other party. Regardless of who was at-fault in an accident, both parties are required to make a claim with their own insurance company. No-fault states require drivers to be in possession of a minimum personal injury protection policy (PIP).
Will My PIP Cover All My Damages?
As detailed in Florida Statute 627.736, there is a minimum amount of insurance that every driver of a four-wheeled vehicle in Florida must hold:
- $10,000 in personal injury protection.
- A further $10,000 to cover property damage.
In holding this insurance, your provider must cover 80% of medical bills and property damage up to your policy limit. However, we advise against clients speaking to insurance companies directly. Their main objective is to pay out as little as possible and may use any details you give against your claim. If you have suffered severe injuries, then we understand that you may need to be compensated quickly. Insurance companies know this and will use your suffering to offer a lower settlement than you deserve. Finding representation that can act as an advocate on your behalf is your best chance of success.
What Can a Lawyer Do for Me?
There are many reasons why being represented by a reputable attorney will make your case stronger. They can help you with every step of the often complicated process.
- They will help you collect and arrange evidence in support of your claim.
- They will calculate the cost of your suffering accurately so that you can enter negotiations with your insurance company.
- They will help you to avoid making any errors that could give the insurance company reason to offer you a lower settlement.
- They will also have the knowledge and ability to challenge the insurance company’s own lawyers.
However, your PIP insurance may not cover the entire cost of your suffering as PIP was designed to compensate drivers in the event that they receive moderate or minor injuries. Usually, we would then turn the insurance company of the at-fault party. If this party doesn’t have car insurance, we must look into other methods of recovering compensation.
What Is Uninsured Motorist Coverage?
Uninsured motorist coverage is optional coverage available when you are buying a car insurance policy. This coverage is designed to cover the expenses a driver faces when the at-fault party doesn’t have car insurance or is underinsured.
In Florida, many drivers actually have uninsured motorist coverage without knowing. Some policies are purchased with the automatic inclusion of such coverage, so it is advisable to check with your insurance company before making a claim.
With regards to time limitations, some insurance companies have their own policies. State law dictates that you have up to four years to file a claim citing negligence. However, often insurance providers work to stricter deadlines, with you only having 24 hours to report the accident, so acting fast becomes imperative.
What Does Uninsured Motorist Coverage Pay for?
Whilst uninsured motorist coverage does not pay for your car, it does cover a large range of expenses that you may face after an auto collision:
- Medical expenses.
- Future medical bills.
- Lost income.
- Future losses in income.
- A reduction to quality of life.
- Pain and suffering.
- Death.
- Medical devices, such as wheelchairs.
- Costs to alter your property in order to accommodate any injuries or disabilities caused by the car accident.
- Costs to pay for activities you can longer do yourself. This includes services like cleaning, yard care, travel, etc.
Can I Personally Sue the at-Fault Driver?
In the event that you are in a collision with an uninsured driver, you should hire an experienced lawyer to review the case. They will be able to determine whether suing the other party is a viable method of recovering compensation. A claimant’s ability to file a personal injury claim against the uninsured driver will come down to the assets that the at-fault party possesses. If they have the means to compensate you for your suffering, this could be the most successful option.
How The Law Place Can Help
At The Law Place, we understand the stress and financial burden that follows a motorcycle accident, especially when the at-fault party doesn’t have insurance. Our team of dedicated motorcycle accident lawyers is here to assist you in navigating this complex situation. We operate on a no win, no fee basis, meaning you don’t pay any legal fees unless we win your case. This ensures you can pursue your claim without worrying about upfront costs.
Our experienced attorneys will thoroughly investigate your accident, gather crucial evidence, and determine all possible avenues for compensation. Whether it’s filing an uninsured motorist claim with your own insurance company, pursuing a personal injury lawsuit against the at-fault driver, or identifying other potential sources of recovery, we are committed to achieving the best possible outcome for you.
At The Law Place, your financial recovery and peace of mind are our top priorities. Contact us today for a free consultation to discuss your case and learn how we can help you secure the compensation you deserve.
What Happens If the Motorcycle Accident at-Fault Party Doesn’t Have Insurance? FAQ
What should I do if the at-fault party in a motorcycle accident doesn’t have insurance?
If the at-fault party in a motorcycle accident doesn’t have insurance, you should contact a motorcycle accident lawyer immediately. They can help you explore your options for seeking compensation through other means.
Can I still seek compensation for my injuries?
Yes, you can seek compensation even if the at-fault party is an uninsured or underinsured driver. Your motorcycle accident lawyer can help you file a personal injury lawsuit to recover damages for your injuries and other losses.
What if I have uninsured or underinsured motorist coverage?
If you carry insurance with uninsured or underinsured motorist coverage, you can file an insurance claim with your own insurance company. This can help cover your medical expenses, property damage, and other costs resulting from the motorcycle collision.
How does uninsured motorist coverage work?
Uninsured motorist coverage provides financial protection for those who find themselves in accidents with uninsured drivers. If you have uninsured motorist coverage, your insurance policy should compensate you for the damages that the at-fault driver’s liability insurance would have covered.
What if I don’t have uninsured motorist coverage?
Without uninsured motorist coverage, recovering compensation can be more challenging. You may need to pursue a personal injury lawsuit against the at-fault driver directly. An experienced car accident lawyer can assist you in this process to maximize your chances of financial recovery.
What happens if the other driver flees the scene in a hit and run accident?
In a hit and run accident, if the other driver is unidentified, your uninsured motorist coverage may still apply. If you don’t have this coverage, a personal injury lawyer can help you explore other avenues for compensation.
Can a motorcycle accident lawyer help with insurance claims?
Yes, a motorcycle accident lawyer can assist you in filing insurance claims and negotiating with your motor vehicle insurance company. They can ensure that you receive fair compensation for your serious injuries and other losses.
How important is liability insurance in motorcycle accidents?
Liability insurance is crucial in motorcycle accidents as it covers the damages and injuries caused by the at-fault party. Without liability insurance, the at-fault driver is personally responsible for the financial recovery of the injured parties.
What role does a personal injury lawyer play in these cases?
A personal injury lawyer advocates for your rights, helps gather evidence, negotiates with insurance companies, and represents you in court if necessary. Their goal is to help you achieve the best possible outcome and secure the compensation you deserve.
Where can I find more information about motorcycle accidents?
For more information about motorcycle accidents, you can visit our motorcycle accidents blog posts. Our experienced car accident lawyer can also provide personalized advice and guidance tailored to your specific situation when you call for a free consultation.
What steps should I take immediately after a motorcycle collision with an uninsured driver?
After a motorcycle collision with an uninsured driver, seek medical attention for any injuries, document the accident scene, gather witness statements, and contact a motorcycle accident lawyer. These steps are crucial for building a strong case and ensuring your rights are protected.
The Law Place
Being the victim of a car accident is never easy. The damages faced can be financial, physical, and emotional. They can change your life in ways that you never expected, and for this, you deserve to receive compensation. Your best chance of getting the compensation that you deserve is through hiring an attorney with the skill to face up to large insurance companies.
Here at The Law Place, we have the experience necessary to get great results for our clients. We work together to ensure that each case has the best possible chance of success. Our free consultation service allows you to ask all the questions you need before making any decisions about your representation.
We are dedicated to getting you the results you deserve. Our phone lines are open 24 hours a day, 7 days a week. Contact us today at (941) 444-4444. We are waiting for your call.