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Car Accidents Involving Uninsured/Underinsured Drivers


The only thing worse than getting into a car accident caused by another driver’s reckless actions is finding out that driver lacks car insurance or does not have enough to cover the damages you have suffered. As a ‘no fault’ insurance state, your own insurance coverage will likely cover at least part of your costs. Unfortunately, you may still be on the hook for deductibles and out of pocket costs. Rather than assuming this burden yourself, the following outlines how you can hold negligent drivers accountable, even if they are under- or uninsured.

Florida Car Insurance Requirements

In an effort to keep costs down and to resolve car accident claims without going to court, Florida Financial Responsibility statutes require all drivers to maintain a minimum level of car insurance coverage. This includes:

  • Minimum $10,000 Personal Injury Protection (PIP), which covers your injuries in an accident, regardless of who is to blame.
  • Minimum $10,000 Property Damage Liability (PDL), which covers any damages you cause to another’s property or vehicle.

Many drivers elect to carry higher amounts of insurance protection, along with additional types of  coverage, such as Bodily Injury Liability (BIL). This covers injuries other drivers suffer as the result of your actions, along with the costs of legal representation in the event you are sued.

Dealing with Underinsured or Uninsured Drivers

While Florida is known as a ‘no fault’ insurance state, other drivers may be liable if their reckless and negligent actions resulted in a car accident. In the event the at fault driver is uninsured or the costs associated with your injuries and property damages exceeds their insurance policy limits, you may be able to hold them accountable through a personal injury lawsuit.

The Florida Department of Highway Safety and Motor Vehicles (FLHSMV) advises you to do the following anytime a car accident does occur:

  • Report the accident immediately to law enforcement;
  • Make sure both you and the officer at the scene obtain the other driver’s name and contact, vehicle, and insurance information;
  • Request a copy of the police report, which should include details on the accident and the names of any witnesses at the scene;
  • Notify your own insurer as soon as possible.

While your own automobile or health insurance policies may cover a portion of your damages, you can still seek reimbursement for these costs by taking the at fault driver to court. If a judgment is issued in your favor, the FLHSMV can help enforce payment, by suspending the other driver’s license, vehicle tags, and registration for 20 years or until the judgment is paid in full.

Let Us Help You Today

When a car accident occurs as the result of another driver’s reckless actions, it is only right that they should have to pay for the injuries you suffer.  Contact Gregg Wexler at the Wexler Law Firm, P.A. and request a consultation with our West Palm Beach car accident attorney to see how we can help you get the compensation you deserve. We help you hold negligent drivers accountable for their actions, so call or contact us online today.


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