Know Your Rights – Uninsured Motorist Claims

Most people understand the need for auto insurance as a means of personal protection in the event of a collision. Drivers also tend to view insurance as a gesture of responsibility toward other motorists. As with other insurance products, auto insurance is one of those necessities that we have, but will hopefully never have to use.

Uninsured Drivers – More Common Than You Might Think
Surprisingly, Florida law does not require drivers to carry bodily injury auto insurance. Thus, there are great numbers of uninsured motorists on our highways who drive with full knowledge that they lack coverage. There are likewise great numbers of drivers who accidentally let their coverage lapse due to nonpayment of premiums, etc. Thus, whether by choice or through inadvertence, uninsured motorists are out there.

Even for those persons who carry auto insurance, the minimal limit of coverage is very low (just $10,000.00 of personal injury liability coverage per person, or $20,000.00 per accident). We believe there are an even greater number of insured drivers who opt to carry only this minimal amount of coverage. In accident cases involving serious injury or death, this miniscule coverage amount is clearly inadequate to compensate innocent victims.

These drivers pose a specific threat to other motorists because they simply lack insurance or don’t have enough of it. The threat becomes real when they cause accidents involving serious injury or death.

The Florida Solution — Uninsured Motorist Coverage
Fortunately, Florida drivers do have options. There is a legal remedy for those seriously injured by an uninsured motorist.

We recommend that every Florida driver review their auto insurance policy. It should contain uninsured motorist coverage, commonly known as UM coverage. As the name suggests, this is specific insurance which exists to protect innocent motorists injured by uninsured drivers.

When an uninsured motorist wrongfully causes an accident, Florida law allows injured drivers to file a claim against their own insurance company (against the UM coverage of the policy). The insurer, in turn, is entitled to step into the uninsured driver’s shoes and take all legal action to defend the claim. In this way, an insurance company handling a UM claim is free to act on behalf of the other driver and defend against their own policy holder.

As is apparent, an accident victim’s case is not made any easier just because it rests against his/her own insurer. In fact, in some respects it is made more difficult. At all times, an auto accident case remains an adversarial process against the insurance company. Too often, that insurer will refuse to be fair.

We often have to treat uninsured motorist cases more aggressively when dealing with our client’s own insurance company. If the insurer refuses to cooperate in a fair manner, we will not hesitate to pursue our client’s remedies in the court system. Thus, the adversarial nature of an injury case remains the same when the wrongful driver is uninsured.

Nonetheless, UM coverage is a positive aspect of motor vehicle law and a vital consumer remedy available to Florida drivers. When buying auto insurance coverage, we recommend that our clients consult with their agents and purchase the highest amount possible as protection against catastrophic injury or even death caused by an uninsured driver.

The Fundamentals Remain The Same
In one respect, uninsured motorist claims are no different from other forms of injury cases. An injured victim typically finds herself pitted in an adversarial process against an insurance company. This opponent is all too often a multinational corporation that is (1) obviously well funded, (2) has access to excellent defense lawyers, and (3) is extremely well versed in handling and defending injury cases.

The Shaked Law Firm has handled hundreds of uninsured and under-insured motorists claims. As attorneys, we believe that our role is vital in representing individuals against corporate insurance entities, advising people fully of their rights and responsibilities, and pursuing a correct and fair case result on behalf of our clients under Florida law. You and your family deserve the legal assistance of an experienced, informed and knowledge personal injury lawyer.