I Was Hit by an Uninsured Driver - Can I Sue Them?
Deland car accidents can result in serious injuries and significant damage to vehicles. Usually, insurance helps pay for damages, but when the at-fault driver is uninsured, it can be difficult to recover sufficient compensation.
You may be thinking, “I was hit by an uninsured driver - can I sue them?” Our Daytona Beach, FL, and Palm Coast, FL, attorneys of Chanfrau & Chanfrau explain how the answer isn’t so straightforward.
At Chanfrau & Chanfrau, our attorneys can help navigate the sometimes complicated process of recovering compensation from uninsured drivers. We welcome you to schedule a consultation to learn more about how we can help you.
Florida and Car Insurance
Before seeking compensation from an uninsured driver, it’s helpful to have a general understanding of how car insurance works in Florida.
Florida follows a “no-fault” car insurance system. This means that each driver’s own car insurance will cover them and anyone covered in their policy. Further, Florida requires drivers to carry personal injury protection (PIP). PIP covers medical expenses and other financial losses, but it does not provide compensation for pain and suffering, or other non-monetary damages related to the accident.
When it comes to vehicle damage, the no-fault insurance system doesn’t apply in Florida. Instead, a liability claim can be made against the at-fault driver’s insurance.
What If the At-Fault Driver Doesn’t Have Insurance?
If the at-fault driver doesn’t have car insurance, recovering compensation for non-monetary damages, like pain and suffering, and medical expenses exceeding your PIP coverage can be more challenging.
One option you may be considering is suing the uninsured driver. Let’s take a look at why this may or may not be the best option.
Can I Sue an Uninsured Driver?
Yes, if you’ve been hit and injured by an uninsured driver, you can sue them to try to recover compensation for injuries exceeding your PIP coverage, as well as other losses associated with the accident and injuries.
If pursuing litigation, you must be prepared to prove the uninsured driver was negligent and their negligence caused the accident, which caused you to suffer damages.
However, before suing an uninsured motorist, it’s important to consider whether or not it will be worth it. If the uninsured driver has few or no assets, it will likely be very difficult to collect any compensation you’re owed. Without insurance, there’s no guarantee you’ll ever see the money you’ve been awarded in a lawsuit. This can make suing an uninsured driver a waste of your time and money.
Speaking with an attorney is important when weighing whether or not it’s worth suing an uninsured driver.
Other Ways to Recover Compensation
Suing an uninsured motorist isn’t always the best option for recovering compensation for injuries and other damages. Fortunately, there are other options that can help, such as:
- Filing an injury claim with your own PIP plan
- Use your own collision coverage
- Carry uninsured motorist insurance at all times to protect you if you’re hit by an uninsured driver
Contact the Attorneys of Chanfrau & Chanfrau
If you have been hit by an uninsured driver, we encourage you to schedule a consultation with our Daytona Beach attorneys to discuss your options for recovering compensation for your injuries.
