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According to the Information Resource Center, around 26.7% of Florida drivers drive without auto insurance. Many Floridians choose to forego car insurance simply because of the cost; they still need to have transportation to and from work, but cannot afford to pay the car insurance premiums. However, According to DMV Florida there are more than 395,000 car accidents in Florida each year. The chances that those who are uninsured are involved in a car accident in Florida is high, so what options do Floridians have if they are injured in a car accident, but do not have insurance? The answer depends on who is at fault.

two cars crashing

When the Accident is the Fault of the Uninsured Driver

Florida is a no-fault auto insurance state meaning that regardless of who was at fault for the accident each driver’s insurance policy covers their own and their passenger’s damages and injuries. The uninsured driver would be responsible for paying for any damages, losses, and injuries they have sustained out of their own pocket.

When the Accident is the Fault of the Other (Insured) Driver and the Uninsured Driver Has Sustained Serious Injuries

As stated above, Florida is a no-fault auto insurance state, so usually each driver would be responsible for their own damages and injuries, whether it be by filing a claim with their insurance company or paying out of pocket if not insured. However, in the case where the uninsured not-at-fault driver has sustained serious injuries, the uninsured driver can pursue a personal injury lawsuit to recover damages, pain and suffering, medical expenses, and lost wages; In these cases it is best to file a police report and obtain the driver’s identification and insurance information to be used as evidence in filing a lawsuit. However, if you were unable to obtain that information due to the extent of your injuries, the attorneys at Franco Law Group can help you gather the necessary information to pursue a lawsuit. The statute of limitations to file a lawsuit for personal injury is four years from the time of the accident against the bodily injury carrier and five years against uninsured motorist. Florida is also a comparative fault state, meaning fault can be split; a percentage of fault can be assigned to the different parties involved. For example, if you are determined to be 30% at fault in an accident, then the amount of damages you can recover would be reduced by 30%. In many cases, the at-fault driver’s representative will try to get a percentage of fault assigned to the other party to reduce the amount of compensation owed. It is a really good idea to seek legal representation from experienced personal injury attorneys when you are injured in an automobile accident.

When I am an Uninsured Passenger Injured in an Insured Driver’s Car

An insured diver’s auto insurance policy provides benefits for injuries sustained by the driver and their passengers under the Personal Injury Protection part of their policy. So, if you were an uninsured passenger injured in an accident in which the driver you were riding with was insured, then you are covered under that driver’s auto insurance policy. If you live with a resident relative that has auto insurance you may be covered under their Personal Injury Protection policy instead.

Franco Law Group

Franco Law Group has been representing those injured in automobile accident for over 20 years. They understand that each case deserves the highest-quality representation and will give you the individualized attention you deserve. Call Franco Law Group now for a free consultation at (813) 873-0180.


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