How Do You Handle Accidents Involving Uninsured or Underinsured Drivers?
Several legal options are available in these cases.
We hear this question a lot. Florida has one of the highest percentages of uninsured motorists in the country. Furthermore, the Sunshine State has one of the lowest auto insurance minimum requirements in the nation. Therefore, if you’re in an accident in Florida, there’s a good chance the tortfeasor (negligent driver) was uninsured or underinsured. Fortunately, as outlined below, these victims still have several legal options.
All these options generate much better results if a Brandon personal injury lawyer handles the matter. The average lawyer-negotiated out-of-court settlement is over three times higher than the average nonlawyer-negotiated settlement. This difference is significant because most victims need as much money as possible to put their lives back together after an accident. We do not believe that money should come from their own pockets. If the accident was someone else’s fault, that someone else should pay the bills.
PIP
Florida is a no-fault insurance state. All vehicle owners must buy personal injury protection insurance. PIP policies cover economic losses, mostly property damage, in non-serious injury cases.
PIP claims, like the UM/UIM claims discussed below, usually settle quickly, and on victim-friendly terms. Insurance companies will go the extra mile to keep their paying customers happy. However, they usually will not move an inch for non-policyholder accident victims.
A Brandon personal injury lawyer makes a big difference in a tort (serious injury) claim, and a PIP claim as well. The mere presence of a lawyer shows the insurance company that the policyholder knows what the claim is worth, and s/he is unwilling to settle for less.
Vicarious Liability
Tortfeasors are legally responsible for damages, but they may not be financially responsible for them. If a third-party liability theory applies, the tortfeasor’s insurance, or lack thereof, is basically irrelevant. Common vicarious liability theories include:
- Negligent Entrustment: Owners are liable for damages if they allow incompetent people to use their motor vehicles. The negligent entrustment rule applies to private owners, like parents who allow teens to use the family car, and commercial owners, like U-Haul. The federal Graves Amendment may limit liability in some cases.
- Respondeat Superior: Employers are financially responsible for damages if their employees are negligent during the course and scope of their employment. These matters are often quite complex, since most local employers are local offices for out-of-state holding companies. These companies aggressively fight these claims.
- Dram Shop: Commercial alcohol providers, such as bars and restaurants, are vicariously liable for car crash damages if they knowingly sell alcohol to people who are habitually addicted to this substance. Evidence on this point includes the tortfeasor’s purchase history and statements s/he made to bartenders and other witnesses.
Incidentally, individual tortfeasors are hardly ever financially responsible for damages. The insurance company pays all litigation costs, at least in most cases.
UM/UIM
Generally, uninsured and underinsured motorist coverage is gap insurance coverage. If Bill’s damages are $100,000 and Ted’s insurance policy maximum is $50,000, Bill’s policy would pay the other $50k, assuming he has that much insurance. UM/UIM riders could also be standalone policies, if the tortfeasor was uninsured or the victim was injured in a hit-and-run wreck and an attorney cannot locate the tortfeasor.
Work With a Dedicated Hillsborough County Attorney
Injury victims are entitled to substantial compensation. For a confidential consultation with an experienced personal injury lawyer in Brandon, contact Carman & Finegan, P.A. The sooner you reach out to us, the sooner we start working for you.