What If The Drunk Driver Was Underinsured In Florida?
If the drunk driver was underinsured in Florida, you can pursue compensation through your own uninsured or underinsured motorist policy. This auto insurance coverage helps pay for medical bills, lost wages, and property damages when the at-fault driver’s insurance isn’t enough to cover your losses.
However, securing compensation through uninsured motorist coverage isn’t easy; you need legal help to overcome insurance companies’ tactics. At Todd Miner Law, our team of former insurance company attorneys has over 30 years of experience and knows every tactic insurers use. We’ve helped thousands of car accident victims recover compensation for medical expenses, lost income, pain, and suffering. Contact us today at 407-894-1480, and let us help you win complex auto accident claims.
What Should You Do If A Drunk Driver Is Underinsured In Florida?
If you’re hit by a drunk driver who is underinsured, you need to immediately file a claim through your own insurance company under uninsured drivers coverage. Also, seek medical attention and consult an experienced lawyer who can help you recover compensation for medical expenses, personal injury, and property loss.
Florida is a no-fault state, which means your PIP coverage will cover initial medical expenses up to your policy limits. However, serious injuries often exceed this limit, especially in a drunk driving accident. That’s why you should thoroughly review your own insurance policy and apply for uninsured driver coverage. To understand your coverage options, consult Todd Miner Law DUI lawyers. Our experienced attorney can gather evidence from the accident scene, navigate Florida statutes, and identify other liable parties to negotiate a settlement. If needed, they’ll fight for punitive damages or additional compensation in civil court to cover future medical expenses.
Which Insurance Helps You Recover Damages From an Underinsured Driver?
Underinsured motorist (UIM) coverage helps you cover your losses when the at-fault driver’s liability insurance is missing. It helps you seek compensation for medical attention, property damage, lost income, and non-economic damages, giving you financial protection after a serious motor vehicle accident.
News 4Jax reported that in Florida, 38.3% of drivers are underinsured, and about 20.6% carry no insurance at all. This high percentage makes UIM coverage an important component of financial protection. Unlike basic PIP insurance, UIM also allows you to seek compensation for future expenses. However, to file a successful claim for UIM coverage, it’s important to have detailed documentation such as:
- Police report
- Proof of visible injuries
- Evidence of the at-fault driver’s car insurance limits
Working with a trusted insurance agent may simplify this process, but they may offer less than you deserve. Therefore, you need an attorney who can file a negotiated settlement or take legal action to recover your losses.
Can You File a Claim Through the Drunk Driver’s Employer or Commercial Policy?
Yes, if the drunk driver was working at the time of the accident, you can file a claim against their employer or their commercial auto insurance policy. Under Florida’s vicarious liability laws, an employer is held responsible for the negligent behavior of their employees.
This means if the drunk driver was performing job-related duties, such as delivering goods or transporting passengers at the time of the accident, the employer’s commercial insurance policy covers the damages. These policies typically offer higher coverage limits than personal auto insurance and may cover extensive medical bills and other compensatory damages.
Additionally, if the employer was negligent in hiring or failed to supervise or train the driver properly, you can pursue a negligent hiring claim. Although these claims are often complex and require strong evidence, working with a skilled attorney can help to strengthen your case. At Todd Miner Law, we have the experience and resources needed to investigate employer liability. We’ll help you build a solid claim and fight for the maximum compensation you deserve. Reach out today to schedule a free consultation for your case.
How Does Florida’s ‘No Pay, No Play’ Law Affect Drunk Driving Accident Claims?
Florida’s “No Pay, No Play” law, combined with its no-fault insurance system, can limit an uninsured driver’s ability to recover non-economic damages such as pain and suffering. This law aims to punish those who drive without insurance. Although your Personal Injury Protection (PIP) still covers initial expenses under Florida’s no-fault system, being uninsured can restrict your right to full compensation. However, exceptions may apply in DUI cases where the drunk driver’s conduct is considered negligent. In such situations, courts allow uninsured victims to pursue compensation for their losses.
What’s the Difference Between Uninsured and Underinsured Drivers?
Uninsured drivers lack an insurance policy, while underinsured drivers carry insurance that’s insufficient to fully pay for accident damages. In both cases, victims need to rely on their own UM coverage policy to recover medical expenses, lost wages, and other accident-related costs. This policy helps bridge the gap, ensuring you aren’t facing financial hardship due to medical bills or personal property damage.
However, if you’re involved in an accident and neither you nor the vehicle’s owner has insurance, the investigating officer will issue you a citation for driving without coverage. Even if you avoid a ticket, the Florida Highway Safety and Motor Vehicles will still take serious action. They may require you to purchase insurance and obtain an SR-22 Certificate before reapplying for your driving license.
How Common Are Uninsured or Underinsured Drivers In Florida?
In Florida, uninsured or underinsured drivers are alarmingly common. IRS studies show that one out of every three drivers was either uninsured or underinsured in the state of Florida. This high risk makes uninsured/underinsured motorist coverage essential for financial protection after an accident. Without proper coverage, you may have to pay for medical bills, vehicle repairs, and lost income.
Todd Miner Law Can Help if an Underinsured Drunk Driver Hits You — Get a Free Case Review!
If you’re hit by an underinsured drunk driver in Florida, the financial and emotional toll can be stressful. Medical bills can increase quickly, lost wages can strain your household budget, and your auto insurance policy might not fully cover the damage. Without the right legal help, you may have to pay for an accident you didn’t cause.
At Todd Miner Law, we provide skilled, results-driven representation for victims of uninsured or underinsured drivers. With decades of legal experience and an in-depth understanding of Florida laws, our team works tirelessly to secure maximum compensation for our clients. We combine negotiation with strategic litigation to protect your rights and hold negligent parties accountable. Schedule your free case review today at 407-894-1480 or visit us at 915 Outer Rd, Orlando, FL 32814 for a confidential consultation.
FAQs
Will My Premiums Increase If I Use Uninsured Motorist Coverage?
No, using your uninsured motorist (UM) coverage generally does not cause your premiums to increase since the accident is not your fault. Insurance companies base premium changes on risk, claims history, and fault. However, some insurers may still review your policy. Therefore, it’s essential to confirm with your insurance company before filing a UM claim.
What If I Were Partially At Fault In An Underinsured DUI Crash?
If you were partially at fault in an underinsured DUI crash, Florida’s comparative negligence laws will apply. Your compensation may be reduced based on your percentage of fault. But you can still seek coverage through your underinsured motorist (UIM) policy for damages that the at-fault driver’s insurance does not fully cover. For this purpose, you need evidence to strengthen your claim.
Can I Sue The At-Fault Driver Even If I Use My UM Coverage?
Yes, you can sue the at-fault driver even after using your uninsured motorist (UM) coverage. Your insurer may seek reimbursement from the driver through subrogation. Filing a personal injury lawsuit can help recover damages not covered by UM benefits, such as pain and suffering. Also, make sure to consult an attorney to protect your legal rights.
How Do I Know If I Have Uninsured Or Underinsured Coverage?
Check your auto insurance policy’s declarations page to confirm uninsured motorist (UM) or underinsured motorist (UIM) coverage. In Florida, UM/UIM coverage is optional unless you specifically reject it in writing. If you’re unsure, contact your insurance company or agent. Moreover, reviewing your policy regularly ensures you maintain adequate protection against uninsured drivers.
Will My Deductible Apply When I Use UM Or UIM Coverage?
No, in most cases, UM and UIM coverage do not require you to pay a deductible. These coverages fully compensate you for losses caused by uninsured or underinsured drivers without adding any out-of-pocket costs. Therefore, you must verify the terms in your auto insurance policy to understand potential financial obligations before filing a claim.
How Long Do I Have To File A UM/UIM Claim After An Accident?
In Florida, you have up to 2 years to file a UM/UIM claim from the date of the accident. However, acting quickly is essential to protect evidence and strengthen your case. Your insurance company may also have shorter reporting deadlines, so notify them promptly to avoid delays or claim denials.
What Role Does Arbitration Play In UM/UIM Claims?
Arbitration helps resolve disputes between you and your insurance company in UM/UIM claims without going to court. A neutral arbitrator reviews evidence and makes a final verdict on compensation. This process can be faster and less costly than litigation. Moreover, many UM/UIM policies in Florida require arbitration before pursuing a lawsuit.
How To Claim Diminished Value In Florida?
To claim diminished value in Florida, gather evidence showing your vehicle’s reduced market value after repairs. You must prove the accident caused this loss, even if the car looks restored. Submit documentation to the at-fault driver’s insurance company or through your own coverage if applicable. Professional appraisals will further strengthen your diminished value claim.
