Do I Still Have a Case If I Was Injured But I Do Not Have Insurance?
If you have been injured in Florida and do not have insurance, you may wonder if you have a case. Florida operates under a no-fault system, implying that drivers are obligated to have personal injury protection (PIP) insurance to cover the cost of their injuries and damages in the event of an accident, regardless of who was at fault. Insurance serves as proof of financial responsibility. However, you may still have a case if you were injured in an accident and did not have insurance. Here is a discussion of some of the options available to you when the accident is your fault and when the accident is the other driver’s fault.
When the Accident is Your Fault?
If you were responsible for the accident that caused your injury in Florida, and you do not have insurance, your ability to recover compensation for your injuries will likely be limited, and you may have to cover the cost of your medical bills and other expenses out of pocket.
After a Florida car accident, you may have difficulty paying for the cost of your medical expenses and other expenses if you do not have insurance. This is why it is essential to consider purchasing PIP insurance, even if there is not a legal requirement to do so, to protect yourself in the event of an accident.
When the Accident is the Other Driver’s Fault?
If the accident that caused your injury was the other driver’s fault, you might still have a case even if you do not have insurance. Florida’s no-fault laws have a threshold for what constitutes a “serious injury,” which includes permanent scarring or disfigurement, significant and permanent loss of a bodily function, or death. If your injuries meet this threshold, you can file a personal injury claim against the person responsible for your injury and recover compensation for your healthcare costs, income loss, and other damages.
However, if the injuries you sustained do not meet the threshold of what constitutes “serious injury,” you will have to pay for your injuries and any damages incurred since you do not have insurance coverage to cover the losses. In addition, you may face penalties such as suspension of your vehicle registration and driver’s license and civil penalties of up to $500 for driving without insurance.
If you sustained an injury in an accident in Florida but do not have insurance coverage, your chance of pursuing compensation may still exist, depending on the details of the accident. It is crucial to seek the advice of an experienced personal injury lawyer to evaluate your rights and available options and to ensure you receive the compensation you deserve.
Florida’s Comparative Negligence Rule
In addition to Florida’s no-fault system, comparative fault laws may limit your compensation even when the accident is the other driver’s fault. In Florida, each party is assigned a percentage of fault for an accident, and damages are awarded to a claimant based on their fault. Suppose the total damages incurred amounted to $100,000, but it is determined that you were 10% at fault for the accident. In that case, you will only be able to recover $90,000 (90% of the total damages).
Can the Other Driver File a Claim Against Me if I Do Not Have Insurance?
Since Florida is a no-fault state, the other driver involved in the car accident may not file a claim against you unless their injury meets the “serious injury” threshold. If they suffered severe injuries in the collision, they might file a lawsuit against you, and you may end up paying them out of your pocket since you do not have an insurance policy to cover the losses. It would be wise to consult a personal injury attorney in such a case. If the driver you collided with has coverage for uninsured or underinsured motorists, you may be fortunate as their insurance company may pay for their medical bills and any other damages sustained.
Contact an Experienced Personal Injury Attorney in Florida Today
If you have incurred injuries from a car accident in Florida and do not have insurance, you should speak to an attorney as soon as possible. Contact the experienced Vero Beach personal injury attorney at The Law Offices of Keith Bregoff PA today. We can help you determine the way forward with your case.