So it often happens that those driving without insurance cause accidents. Without liability insurance, who pays for damage caused to your vehicle, yourself, and your passengers?

Florida Law Mandates that Drivers Have Car Insurance

In order to legally drive in the state of Florida, a driver must have car insurance. Those that don’t are not only subject to the civil damages of paying for the damage to your car and medical injuries, they are also subject to legal ramifications of driving without insurance coverage. They can have their license revoked or suspended.

In addition, Florida requires all drivers to carry a minimum full liability policy that includes the following:

• Bodily injury liability limit of $10,000 per person, $20,000 per crash, and $10,000 for damage for property damage

Collecting from Drivers that do not Have Car Insurance

Since Florida is a no-fault state, the majority of an accident claim will be paid out by your car insurance agency. Insurance companies generally cover around 80% of your personal injury expenses. This includes medical bills and other expenses related to your injury.

When the other individual is at fault, the remaining 20% is covered by the other individual’s insurance policy. When the other individual is uninsured, the last remaining option is to sue.

Suing to Recover Damages on an Uninsured Driver in Florida

In certain instances, suing to recover damages from a car accident can be a valuable option for a driver who is injured by another driver and has significant medical expenses as a result. Furthermore, an uninsured motorist has no protection from a tort case in which they are named as a defendant.

One issue that those suing to recover damages often face is that the uninsured party is not in a financial position to pay back the damages they caused. In this case, a payment schedule can be negotiated that does not put the defendant in a position of financial hardship.

The Defendant is Considered a Debtor in Florida

If the defendant is non-compliant in repaying the settlement, there are a number of ways an individual can collect on a claim. These include:

• Garnishing the defendant’s wages
• Putting a lien on their non-homestead real estate
• Seizing personal property via a levy
• Garnishing the defendant’s bank account

You may also attempt to suspend the uninsured motorist’s license until the settlement is paid in full.

In other words, you don’t simply have to eat the bill when an uninsured motorist causes you physical harm that results in unpaid medical expenses and loss of work. You are entitled to compensation. If you have unpaid medical expenses caused by an uninsured driver, call an attorney at the office of Alan Goldfarb, P.A. in Miami at 305.371.3111, and we’ll get you the settlement you deserve.

Resource:

flhsmv.gov/ddl/frfaqcrash.html

Police indicate that the sedan was speeding on Hollywood Boulevard when it spun out of control and crashed into the minivan, which was turning onto the roadway, according to 7 News Miami. What exactly caused the sedan to spin out of control remains a mystery, as of the date of this posting.

Significant Damages Means Amount of Coverage Will Be an Issue

When a serious car accident occurs, especially one involving multiple deaths, it does not automatically mean that the victims and their loved ones will be able to recover substantial damages through a personal injury claim. Why? Because the amount of available coverage is a critical issue when assessing the amount that could realistically be recovered through a personal injury or wrongful death lawsuit. If, for example, a negligent driver caused a major wreck resulting in multiple deaths, but only had a $50,000 automobile liability insurance policy, the finite amount of coverage leaves the victims with limited options in pursuing maximum recovery.

Uninsured/Underinsured Motorist Coverage

An option available to victims in these situations is to file an uninsured/underinsured motorist claim through their own auto insurance policy. Filing an uninsured motorist claim can get complicated, which is why it makes sense to sit down with an experienced Miami car accident lawyer to discuss the process.

In Florida, drivers are required, by law, to carry PIP (also known as no fault coverage). The amount of coverage required is at least $10,000. In a no fault system, each driver’s auto insurance company pays for their insured’s harms and losses without considering fault. But for major accidents involving extensive physical injuries or a loss of life, uninsured motorist coverage becomes critical. Uninsured motorist coverage steps into the shoes of the at-fault driver and helps cover medical bills, lost wages, and pain and suffering. Also, your uninsured/underinsured motorist coverage travels with you meaning that if you are a passenger in a car that gets hit, you can still file a claim with your own auto insurance company.

Auto insurance companies in Florida are only obligated to offer uninsured motorist coverage to their customers. It is not a mandatory form of coverage. Nevertheless, it is strongly encouraged that you purchase as much coverage as you can reasonably afford. You do not want to be forced into a situation where you, or a loved one, suffered extensive injuries or a loss of life, and cannot recover for all of your harms and losses simply because there was insufficient insurance coverage.

Miami Car Accident Attorneys Ready to Help You

If you or a loved one was seriously hurt by a driver who had no auto insurance or insufficient auto insurance, contact an attorney in Miami right away. Alan Goldfarb, P.A. is ready to help you and will work tirelessly to get you maximum compensation.

Resource:

wsvn.com/news/local/multiple-casualties-after-fiery-crash-in-hollywood/

Florida has earned itself quite a reputation for poor drivers – but a recent study by an insurance company has been released that seems to contradict what we have been led to believe. The study finds, it seems, that Florida drivers are actually the second best in the country. For those skeptics out there, the company noted that they based their findings on information about traffic incidents in each state. After looking at accidents, DUIs, citations for speeding and moving violations, and traffic-related deaths, the company listed Florida as having the second best drivers in the country, after Rhode Island. One other item noted, however, was the high percentage of drivers who do not carry car insurance – nearly 24 percent.

Florida’s Problem With Uninsured Motorists

Uninsured motorists are a problem in Florida, to be sure. With one out of every four drivers on the road not carrying insurance to cover themselves or the others with whom they may be involved in an accident, it is no surprise that many folks find themselves facing serious matters after an auto accident takes place and struggling to obtain compensation from insurance companies to cover their injuries and losses. Despite the fact that it is required to obtain insurance coverage for any vehicle you register in Florida, many people who are already struggling to make ends meet may choose to take their chances and not purchase the insurance they should have.

What Are Florida’s Insurance Requirements?

For any vehicle registered in Florida and bearing a Florida license plate, the owner is required to purchase at least $10,000 in personal injury protection (otherwise known as PIP) as well as $10,000 property damage liability. It is not hard to imagine that, even when one does buy the required levels of insurance, if involved in an accident of any severity, it will not take much to surpass those minimum amounts. In this case, even though the motorist may be insured, he at the same time may actually be underinsured. For those who fail to obtain the minimum levels of insurance, if caught, penalties may include loss of driving privileges – losing your driver’s license, car registration, and/or your license plate – for several years or until you can provide proof of insurance coverage.

No Exception For Snowbirds

Florida has, as we all know, a substantial segment of the population that resides in the state for only a portion of the year – our beloved snowbirds. Even if you have a separate car that is just held in storage while you spend your summers up north, as long as that car has a Florida tag and registration, it must be covered.

Alan Goldfarb, P.A. – Your Source Of Help For Uninsured Motorist Matters

If you have been involved in an auto accident with another driver who is either uninsured or underinsured, you will need the assistance of an attorney experienced in these matters to ensure that you receive the compensation for your injuries that you deserve. Do not take the chance of missing out on compensation you are entitled to receive – our Miami attorneys can help you to make sure you get the results you need. At the office of Alan Goldfarb, P.A., we work hard to protect your rights no matter how complex or complicated your case may be. Contact us today and let us help you obtain the best results possible.

Resource:

wsvn.com/news/local/new-study-says-florida-has-second-best-drivers-in-the-u-s/

Florida Is A No-Fault State

Florida is a no-fault car insurance state which simply dictates that regardless of who is at-fault for the car accident, the policyholder will be covered by their personal injury protection for their medical and non-medical expenses. Therefore, no matter who is to blame for the accident, the policyholder’s insurance will kick into action and cover qualified expenses.

Florida’s Auto Insurance Requirements

The State of Florida requires that every motor vehicle owner maintain a minimum amount $10,000 of personal injury protection (PIP) and a minimum of $10,000 no-fault property damage liability (PDL). However, state law does not require a motorist to obtain uninsured motorist coverage. Considering the State of Florida has the second highest rate of uninsured motorists in the nation, obtaining uninsured motorist coverage is not only wise but a prudent calculation on your part.

Uninsured Motorist Coverage In Florida

Uninsured motorist coverage provides payments to policyholders hit by uninsured drivers, hit and run drivers or underinsured drivers. In 2012, 23 percent of all drivers in Florida were uninsured, therefore in the average accident there is a 1 in 5 chance that a driver does not carry adequate insurance. Despite the likelihood of an accident in Florida involving an uninsured driver, uninsured motorist coverage is not required by the state. Although insurance companies are required by law to offer policyholders uninsured motorist coverage, such coverage still remains optional. Despite the current voluntary nature of uninsured motorist coverage, the statistics are clear: Florida has one of the highest rates on uninsured drivers on the road and uninsured coverage may be critical to receiving just compensation

Reach Out to Us for Assistance

Uninsured motorist coverage will pay you or your passenger/family members when the negligent driver who hit you does not have insurance or adequate coverage to cover your damages. Although obtaining uninsured motorist coverage is optional in the State of Florida, it is statistically wise to purchase such coverage. If you or anyone you know sustained injuries or damages with an uninsured or underinsured driver, contact the lawyers at the Miami office of Alan Goldfarb, P.A. to explore your options for compensation.

Uninsured and Underinsured Motorist Policies

Florida law requires companies that sell auto insurance to offer uninsured and underinsured motorist policies with coverage equal to that which is offered in the liability and collision policies that they sell.  However, the law also allows a person buying auto insurance to opt out of this coverage in writing when they buy their policies, and because many people see these as an unnecessary expense that covers an unlikely eventuality, many buyers do not purchase uninsured and underinsured policy riders.

Additionally, uninsured and underinsured motorist policies come in two separate types: bodily injury coverage and property damage coverage.  While bodily injury coverage is readily available for those who choose to take advantage of the option, property damage coverage is much more difficult to acquire and in many cases is not even offered by insurance companies.

“No-Fault” Insurance Statutes

Florida uses a “no-fault” system for auto insurance claims.  What this means is that in the event of an auto accident each party involved in the accident is required to use their own insurance coverage to pay for their medical care and other losses that fall into the category of personal injury protection insurance.  However, in cases where significant and permanent scarring/disfigurement or the significant and permanent loss of a bodily function results, state “injury threshold” clauses allow a party to pursue a claim against the at-fault motorist directly.

Options

While recovering from an accident with an uninsured or underinsured motorist may seem daunting, the legal team at Alan Goldfarb, P.A. is here to help.  An uninsured motorist has made an illegal decision, and an underinsured motorist has made a bad one, but you can still be made whole by litigation where insurance fails.  There are usually other avenues for recovery when an auto insurance claim is unavailable, such as wage garnishments, and in some cases claims against general liability riders on homeowners’ policies.

When Insurance Fails We Can Recover

If you or a loved one has been in an accident with an uninsured motorist, or a motorist whose insurance policies are insufficient to cover your damages, we encourage you to contact the accident attorneys at the office of Alan Goldfarb, P.A., by telephone at 305-371-3111 or online today to explain your situation and find out how we can help you get back on the road to recovery.

Make Sure you Have State Required Insurance

The easiest way to protect yourself against an uninsured driver is to have your own policy with the state required Personal Injury Protection (PIP). PIP insurance is intended to cover 80 percent of your medical bills and expenses. The remaining 20 percent should be covered by the other driver’s insurances. However, this is not possible when the other party does not have insurance. This is where uninsured motorist policies can be helpful.

Have an Uninsured Motorist Policy

An uninsured motorist coverage, or UM coverage, is one of the best ways that you can protect yourself from uninsured drivers. You can buy a UM policy through your insurance coverage provider. UM insurance will compensate you for injuries caused by a negligent uninsured driver. However, it is important to note that UM coverage is not automatic. You must prove that you were injured due to the other driver’s negligence. If you are a passenger in an accident, you may still be able to qualify under a relative’s UM policy.

Have Underinsured Motorist Policy

If you are injured by negligent driver and that driver does not have enough insurance to compensate you for your losses, then you may still be able to use your UM policy for an underinsured motorist.

What type of How is UM Coverage offered?

Uninsured and underinsured motorist coverage is offered at different coverage levels. However, like many types of insurance, it is limited person and per accident. For example, a $25,000/$50,000 policy would cover the UM policy cover for up to $25,000 per person or $50,000 per accident for everyone involved in the accident. UM coverage is normally available at different levels:

• $10,000/$20,000
• $25,000/$50,000
• $100,000/$300,000
• $300,000/$500,000

Make sure that you select the insurance levels that make the most sense for you and your family so that you are covered if you have an accident with an uninsured or underinsured motorist.

Let an Attorney Help

Unfortunately, UM insurance will not cover all of your losses. You may need to seek additional compensation for your injury to help you cover noneconomic costs such as lost wages and unexpected medical costs. If you have been in an accident with an uninsured or underinsured motorist, please contact the Miami uninsured motorist attorneys at the law office of Alan Goldfarb, P.A. We can help you review your coverage options and determine whether you have UM insurance to cover losses from an accident with an uninsured or underinsured driver. Call us today to schedule an appointment.

When Do I Use Uninsured Motorist Insurance?

UM insurance will pay for expenses related to an accident with a driver who does not have insurance (uninsured) or does not have enough insurance (underinsured). It is easy to understand UM insurance if you understand how it differs from other types of insurances you may have on your auto policy:

• Property Damage Liability: helps your pay for damage to property if you cause an accident. Florida law requires property damage insurance, however, it is possible another driver allowed their policy to lapse or cancelled the policy.
• Bodily Injury Liability Coverage: helps you pay for injuries that occur because of an accident you caused. Florida law does not require that bodily injury liability coverage is purchased or carried. This mean that many Floridians are uninsured or underinsured when they harm other driver, passengers, and pedestrians.
• Personal Injury Protection: using PIP does not depend on who caused the accident and will provide coverage for expenses related to an accident. Florida law requires all drivers to carry PIP. PIP works like a mini health insurance policy. PIP coverage insurance will compensate your and your family for medical costs, lost wages, and other unexpected medical costs. Generally, PIP is limited to $10,000 in medical/disability benefits and $5,000 in death benefits.

It is not certain that all your expenses will be covered even if another driver has property damage and bodily injury insurance. Your own PIP policy may not cover all expenses related to unforeseen medical expenses, future loss of earnings of loss of future earning ability, or disability. If you have UM coverage, then you will be able to recover your medical expenses, lost wages and other non-economic losses. This means you can use your UM policy once the at-fault driver confirms there is no insurance, or that there is not enough insurance, to cover your expenses.

Contact an Attorney

Uninsured motorist coverage can help you ensure that you and your family are protected if you are injured in an accident with an uninsured, or underinsured, motorist. If you have been in an accident with an uninsured motorist or and you have questions about your uninsured motorist insurance, then you should contact the Miami attorneys at the office of Alan Goldfarb, P.A. We can help you understand your insurance coverage and advise you on important next steps. Please contact us at 866-936-9761 to discuss your case.

Uninsured motorist insurance will pay permanent damages sustained if you are injured by an uninsured motorist. An uninsured motorist, as the name implies, is a driver who does not have any automobile insurance. Uninsured motorist insurance will also cover your damages when the at fault driver is underinsured, or does not have enough insurance. The following guide is meant to act as a primer on the topic of uninsured motorist insurance; of course, if you have any questions, please don’t hesitate to reach out to us today.

Why Do I Need Uninsured Motorist Insurance?

Florida law requires drivers to have personal injury protection insurance, or PIP insurance, but does not require bodily injury insurance. This is why uninsured motorist coverage is important; if you get into an accident with someone who does not have insurance and you do not have uninsured motorist insurance, and you sustain permanent injuries or your damages are not fully covered by your PIP coverage, then there may not be any insurance to pay for your losses.

Stacked vs. Unstacked Uninsured Motorist Insurance

When you own more than one car and you have uninsured motorist insurance, you may be able to stack, or add up, the value of the policy coverages. If for example, you own two cars and have $50,000 worth of coverage on each car and you are in an accident with an uninsured motorist, then you will be able to receive up to $100,000 in recovery.

Stacked insurance follows you wherever you go. This means that if you are in an accident while driving a different car, as a passenger in someone else’s car, as a pedestrian, or while riding your bike, you are covered. Conversely, if you only carry unstacked uninsured motorist insurance, then you can only recover when you are in an accident in the insured car. So if you have purchased $50,000 in coverage, you may only be able to recover that amount after an accident.

Additionally, it is important to know, for both stacked and unstacked insurance, you must have uninsured motorist insurance on all cars in order to use it. This means that if you have an accident in the one car that does not have uninsured motorist coverage, then you will not be able to recover damages for the accident in that particular car.

Recover from Non Economic Damage

Uninsured motorist insurance is also important because it allows you to recover for the noneconomic and intangible damage you may suffer after an accident. Uninsured motorist insurance will allow you to recover for pain, suffering, loss of enjoyment of life and mental anguish. You can also recover for other damages you cannot quantify, such as the added expense and frustration that may result from your injury.

Contact an Attorney

Recovering from an accident is difficult, and an uninsured driver will only complicate the recovery. Uninsured motorist insurance can help simplify the complexity.

If you have been in an accident with an uninsured driver and you are not certain of your coverage, you should contact the Miami attorneys at the firm of Alan Goldfarb, P.A. We can help you understand your coverage and help you start the process of submitting a personal injury claim. Please contact us today at 866-936-9761 to discuss your case.

In cases such as these, Florida has laws that protects the insured. For example, in a typical situation where a driver is injured by an uninsured driver, the driver can make a claim on his own insurance policy. This is known as a first-party insurance claim. Under this scenario the driver would submit all of his claims for pain and suffering, lost wages, bills, and other costs to the insurance to be paid out. Unfortunately, in this circumstance the injured party may not always receive due compensation.

Of course, insurance companies are for-profit entities. That means that they are not always eager to pay your claims, or anyone else’s. Every claim they pay is money out of their pocket, so naturally they try to hold on to as much of it as possible. But that presents a real problem for victims of car accidents looking to be compensated for their injuries. What, then, is an insured victim to do? Fortunately there are laws in Florida to protect them.

Bad Faith Claims – The Laws Involved

Florida law puts an expectation on insurance companies to deal quickly, honestly, and fairly with the people who buy their coverage. If an insurance company fails to deal in good faith with one of its insured, then Florida’s bad faith claim law will come into play. Found in Florida Statutes 655.155, the law provides a private cause of action for when an insurance company fails to pay out a claim under certain circumstances, such as:

• Failing to settle a claim in good faith when all the circumstances show that it should be settled;
• Failing to act fairly and honestly with an insured in settling their claim;
• Failing to provide a statement of coverage when payments are made; or
• Failing to promptly settle a claim to influence how much the insurance company will eventually pay.

When an insurance company fails to live up to these standards, an insured motorist can make them pay.

Obviously this is the last thing that a victim of an accident wants to deal with. As if the accident itself was not bad enough, the person at fault did not have insurance, and now the victim’s own insurance company will not deal in good faith. The same company that gladly took your insurance payments every month now wants to avoid providing adequate compensation for injuries. Florida law frowns on this kind of business. That is why if a victim’s insurance does not deal in good faith, the victim can recover costs and attorney’s fees from the company if they succeed in court.

A Law Firm for Accident Victims

If you are injured in an accident with an uninsured motorist, contact us. We handle these cases in Miami and have dedicated our practice to fighting on behalf of accident victims. At Alan Goldfarb, P.A., we will review your case and provide you with your legal options.

Florida’s Uninsured Motorists Options

If you are in an accident with an uninsured motorist in the Miami area, your options on how to deal with the accident and pay for the damages will be limited. Those options are even more limited when the uninsured motorist is the driver at fault. One of the options is to have your insurance pay for it. But what you can recover from your own insurer will be limited by the coverage minimums on your policy. While every Florida insurance policy will have minimum coverage amounts established by law, you do not have to subscribe to the minimum. In fact, you can get an uninsured policy that will go a long way to cover the bills that are incurred.

A typical, minimum policy will cover your bills to the tune of $10,000. But when you think about it, that could be very low when you consider what a bad accident would cost. After a bad accident you will have hospital bills that could easily approach if not exceed $10,000. And if it is a bad enough accident that you have to miss work or pay to replace your car, then $10,000 will not likely cover the extent of the expenses you incur. And those expenses will generally keep piling up. These and other reasons are all evidence that carrying an uninsured policy for your own protection is a good idea.

Another option is to sue the uninsured motorist who caused the accident. But this option has its own set of problems. Most significantly, uninsured motorists may not have much money, so even if you can prove they were at fault in court, you may not be able to recover any actual money to pay your bills.

Contact Us Today for a Consultation

The evidence shows that uninsured driving is a problem in Florida. With the second most uninsured drivers in the country on Florida’s roads, every responsible driver should think about supplementing his or her current policy to include uninsured coverage in an amount that will cover expenses in a difficult situation. No matter what coverage you have, if you are in Miami and are in an accident, contact attorneys with the experience needed to evaluate your case professionally. The attorneys at Alan Goldfarb P.A. dedicate their practice to fighting for victims of accidents in the Miami area.