Like most states, Florida requires minimum auto insurance coverage for all drivers. This means driving without insurance is illegal in the state. Sadly, many motorists think they get away with ignoring this law—that is until they crash into someone.
If you get into an accident with an uninsured motorist, their lack of insurance can also affect you. How can you recover compensation from someone with no coverage? Can you file a claim with your own insurance company?
Here are some answers that might provide some clarity.
Can you recover compensation from an uninsured motorist?
If a driver has no insurance, they are unlikely to have assets or income they can use to compensate you. However, recovery is still possible through legal action. When you file a lawsuit against the other driver, the court may give you a judgment that allows you to collect their debt.
Once you have this judgment, there are several ways to collect:
- Out-of-pocket payment: The driver may offer to pay your damages out of pocket, although this is rare.
- Partial payments: If the driver is willing, you can set up a payment plan that will allow them to compensate you bit by bit.
- Wage garnishment: If the driver is employed, you may be able to have a portion of their wages automatically deducted and sent to you.
- Bank account levy: You can request the court to freeze and seize funds from the debtor’s bank accounts.
Note that some of these methods will likely need further legal action. Never accept an out-of-court agreement, especially if they promise to pay some of the costs upfront and settle the rest later. If they fail to pay the rest, you may need to file another lawsuit, which can add to your total costs.
Can you file a claim with your own insurance?
Check if your policy includes uninsured/underinsured motorist coverage. If so, you can file a claim to help cover medical expenses, vehicle repair costs and other damages.
Your personal injury protection (PIP) or collision coverage can also help pay for your other expenses.
If you are having trouble filing a claim with your insurance provider, consider seeking legal guidance. An experienced attorney can help you build a strong claim, address issues in the process and, most importantly, seek fair compensation for your damages.