Getting into a car accident can be devastating and potentially a life-threatening event. It is even more stressful when the driver at fault is uninsured. It makes an already stressful situation into something more complicated. While it is devastating, the Insurance Research Council reveals that one in eight drivers in the US is uninsured. This statistic is alarming as it could lead to a significant financial burden and legal woes. 

This guide outlines what you need to do after a car accident with an uninsured driver in Miami. 

 

Why Are Accidents Involving Uninsured Drivers Common in Florida?

The reason why Florida drivers are often involved in accidents with uninsured drivers is due to the state’s no-fault system. Based on the no-fault system, it requires all drivers to carry an insurance policy to cover them in case of an accident, regardless of who is at fault. This insurance coverage pays for their medical bills and other damages. 

For this reason, most Florida drivers only carry minimum coverage. As a result, if they are involved in an accident and are determined to be at fault, their insurance coverage may not be enough to pay for the damages of other drivers and their corresponding bodily injury liability. 

Therefore, minimum coverage could still make Florida drivers feel like they are uninsured, and it won’t offer protection for other drivers. 

Accident involving uninsured driver in Florida.

 

I Got Hit By an Uninsured Driver. Now What?

So, you got hit by an uninsured driver in Miami. Oftentimes, you are overcome by panic. If you suffer from injuries and severe damage to your car, the panic is followed by worry. How do I pay for these damages? 

Taking the recommended steps following a collision with an uninsured driver is crucial for your legal and financial interests.  

Steps to Take at the Accident Site

Before you worry about the insurance claims and what you can do to protect yourself from financial damage, there are a few things you need to do at the accident site. 

Move to a Safe Location & Check for Injuries 

Your priority is your injury and your companions, if you’re not alone in the car. Check for injuries first and ensure that anyone injured, including yourself, receives immediate medical care. If you can, move to a safe location and call 911 (or ask someone else to call for help if you’re unable).

Inform the Police

Next, call the police. You must contact law enforcement even if it’s a minor accident. They will create a police report of the incident and document the site. If possible, you should also document the accident site. Take photos and videos as you will need them for filing your insurance claim or for any legal action that may be necessary.

Obtain the Other Driver’s Information

Ask for the at-fault driver’s insurance information, if available. If not, you should still ask for their personal information, such as the following:

  • Full name
  • Contact information
  • Vehicle make and model 
  • License plate number

Aside from the other driver’s information, you can ask any witnesses in the area for their name and contact information. Witness statements are crucial when you need to make insurance claims or if you take legal action against the uninsured driver.

Inform Your Insurance Company

Some uninsured drivers will attempt to settle with you on the spot by offering a cash payment. While it sounds convenient, it’s not a good idea. The offered payment could be much lower than the maximum compensation you get from the insurance provider, especially when you evaluate the extent of damage and injuries.

Instead, notify your insurance company about the accident, as many companies require timely reporting. If you fail to do this, it could jeopardize your ability to make a claim. Provide your insurance company with as much information as you have collected about the incident. You must also submit the police report, if available. 

 

What Are Your Legal and Insurance Options?

With the above steps taken care of, it’s essential to evaluate what you can do next.

If you have an insurance policy, do you have uninsured motorist coverage? If yes, you have nothing to worry about. This type of coverage pays for your medical bills, car repairs, and other damages if an uninsured driver hits you. This coverage is specifically created for this purpose, as even if some drivers carry insurance, it won’t be enough to pay for your medical bills and damages.

However, if you don’t have uninsured motorist coverage, the first option is to file a personal injury lawsuit against the uninsured driver. But you should only view legal action as a final resort, as some drivers won’t have adequate money or assets to pay for your medical bills and damages, even if you win the lawsuit. 

One option is to look into state compensation programs in Florida that can assist you in obtaining the payment you need. Some programs work by allowing you to take a portion of the driver’s future paychecks until the debt is fully paid.

Working with a Miami car accident lawyer is advantageous in this regard because they can provide you with guidance on what steps to take if you’re in this situation. 

Importance of hiring a car accident attorney.

Does the Uninsured Driver Face Criminal and Legal Implications?

Yes. Florida’s no-fault system requires all drivers to carry personal injury protection (PIP) coverage. If an uninsured driver hits you, they face legal consequences and serious penalties. 

The Florida law requires a minimum amount of auto insurance coverage, and without it, drivers have to pay fines. The fines increase with repeat offenses. These fines are different from what the driver has to pay for causing the accident.

In some cases, Florida drivers who are uninsured will have their driver’s license suspended. If they want to reinstate their driver’s license, they must pay a fee and secure the required insurance coverage.

In other cases, they could also face criminal charges, such as when the uninsured and at-fault driver is under the influence of drugs or alcohol. They might also face civil liability if they hit another car and caused personal injuries.

Working with the right Miami car accident lawyer matters when dealing with an uninsured driver. They can evaluate your case and provide professional advice. Moreover, they can negotiate with your insurance company to ensure you get maximum compensation for your uninsured motorist coverage. If it gets to the point where you need to take legal action, a qualified attorney can file the lawsuit on your behalf.