Carmen Gallardo
Uninsured or underinsured drivers pose a significant threat on the road. When involved in an accident, victims not only have to deal with the physical and material impact of the incident but also with the additional stress of not having coverage to help them cope with the severe consequences.
In situations like this, it is common to feel that compensation options are limited and to be unsure of how to proceed. However, the solution is much simpler than you imagine: seek the advice of an uninsured motorist accident lawyer in Miami, like those at Gallardo Law Firm, who will evaluate your case and provide you with accurate information on the best course of action.
Having car insurance is a mandatory requirement to legally drive on the roads and register a vehicle in your name. However, statistics indicate that nearly 27% of drivers in Florida do not have any type of coverage.
State laws mandate drivers to carry personal injury protection (PIP) and property damage liability (PDL) insurance of at least $10,000 for each. The coverage is meant to cover up to 80% of medical expenses and offer partial reimbursement for lost wages if the driver is unable to work while recuperating.
Insurance companies are also obliged to propose uninsured motorist (UM) coverage and underinsured motorist (UIM) protection, which are not mandatory and must amount to $10,000 per person and $20,000 per accident. For a driver’s rejection of these benefits to be legally valid, it must be documented in writing within their agreement with the insurance company.
The first couple of minutes following a vehicle collision are chaotic, and you may be terrified and stunned by your injuries or by the harm that has been caused to your vehicle. However, it is extremely important that you keep calm, as what you do right away can protect you physically, economically, and legally.
With that in mind, at Gallardo Law, we recommend:
In a typical car accident case, you may be able to obtain a fair settlement to cover, among other damages, outstanding and future medical expenses, lost wages, diminished quality of life, vehicle repairs, and emotional distress caused by the incident.
But the issue becomes more complex if the driver of the car that caused the accident is not insured or is underinsured. The good news is that you do have other alternatives. First, we can explore the possibility of filing a personal injury suit against the reckless motorist, especially if, after conducting an investigation, we can confirm that they are indeed at fault for the accident and have sufficient financial resources.
Another alternative is to file a claim under your uninsured or underinsured motorist coverage, if applicable, and your PIP policy to cover most of the damages you may have sustained in the crash. Our uninsured car accident lawyers will carefully review the benefits of your contract to determine the viability of this approach.
In the instance of an uninsured driver, you need to prove their negligence and demonstrate that there is a direct causal connection between their behavior and the accident. You also need to demonstrate that you were physically, emotionally, and financially injured due to the accident.
Claims against uninsured drivers are often due to:
To prevail in a claim against an uninsured motorist, you must have irrefutable physical proof, including photographs of the accident, skid marks, cone or road divider damage, and traffic signs that were ignored. Police reports by the officers who attended to the accident and medical personnel who treated you immediately after the accident can help make your case more robust.
It is essential to find out the statute of limitations imposed by law in such cases. You have a period of four years from the date of the accident in Florida to file a lawsuit for personal injury. When your suit is against your own insurance company for denying fair compensation, the time limits are different, and it is therefore necessary to consult a lawyer at the earliest.
Our approach to each case begins with a thorough investigation of the incident and includes filing a demand package with your insurance company if they offer an unfair settlement. As your personal injury attorneys, we understand firsthand the impact a car accident can have on your daily life, the way it can disrupt your future plans, and the lasting damage it can inflict on your health.
The most effective defense in cases involving uninsured drivers is meticulous attention to detail and identifying any loopholes that may work in your favor, particularly during negotiations with your own insurer. That is why, if you choose to work with us, we will handle all legal matters so you can focus on regaining your stability.
If you are uncertain about your situation after being the victim of a mishap with an uninsured motorist, the best course of action is to take the initiative, ask questions, and consult our attorneys. Don’t wait another minute—call us today to schedule a free appointment at any of our conveniently located offices in Miami and Hialeah.
During this first meeting, completely free of charge, we will explain how the process works and what you can expect along the way. We will provide details about your potential benefits and inform you of our contingency fee structure, which ensures that you won’t pay us a cent until we win your case.
