Who Can You make a claim against if You are in a Car Accident in Florida and you are not at Fault?

You’re driving down the street and out of the blue another car slams into you. You are hurt, so what should you do? What options do you have? As a South Florida injury/accident attorney I encounter these questions from clients on a regular basis.

Regardless of fault, your insurance provides you with Personal Injury Protection (PIP) coverage. Florida car owners are required to carry a $10,000 PIP policy. If you are hurt in an auto accident PIP covers medical treatment and lost wages up to $10,000.00. PIP covers up to 80% of your medical expenses and 60% of you lost wages. Often the $10,000 PIP coverage is not enough. Besides PIP, which covers you regardless of fault for your medical treatment, there are other claims that you can make.

A. Claims against the at fault party/driver for property damage and bodily injuries.
Here we are going to talk about claims for your injuries. If the driver at fault has Bodily Injury Protection (BI) coverage, then in this scenario, you can make a claim against the at fault driver’s insurance company.

B. You are injured in a car accident in which you are not at fault and the other driver does not have insurance. Unfortunately, Florida law does not require BI coverage. So if the at fault driver does not have BI coverage, then you may have to rely on your own insurance.

If you have Uninsured Motorist Protection (UM) coverage then you can make a claim against you own insurance company.

If you do not have Uninsured Motorist (UM) coverage and the driver at fault does not have BI protection, then there is no coverage for your injuries. You will most likely have to go after the other driver personally by filing a lawsuit or settling out of court.

Please do not hesitate to contact us if you have any questions. A Broward County injury attorney is available 24/7 to assist you at 305.764.9907 or 1.888.413.8353.