Hit by an Uninsured Driver | Who Pays for the Accident?

Uninsured car accident

All States require that drivers have auto insurance for their vehicles at all times in the case of an accident.  But what if you are involved in an accident and the other driver does not have auto insurance? This happens more than you think.  Coverage can sometimes lapse without the driver realizing it, a driver may forget to pay the premium for the month, etc.  When this scenario comes up, it is often wondered, who actually pays for the accident?

Uninsured Motorist Coverage

Uninsured Motorist coverage or UM coverage is an optional coverage that can be included in your automobile insurance premium to cover against accidents with an uninsured motorist.  In the case of an accident with an uninsured driver that was at fault, you can file file a claim with your own insurance company to cover your damages and medical bills if you have UM coverage. This UM coverage takes the place of the insurance of an uninsured motorist.    

Fault and Why It is Important

Fault refers to which driver was at fault for causing the accident. Most states are “fault” states which means that the insurance company of the driver who was deemed at fault for the accident, pays for the other driver’s damages and medical bills.  

Florida has a mechanism that requires that your own insurance company pay for your medical bills up to $10,000.  However, after you have expended the $10,000, you can seek damages from the at-fault party.  If the at-fault party was not insured, then there is not likely an opportunity to pay for those medical bills over $10,000 or for any other of your injuries or damages sustained in an automobile accident.  This is why you should always obtain UM coverage on your insurance policy to protect you.  If you have any questions about UM coverage, speak with your insurance agent and/or talk with our office.  As Tampa car accident attorneys we can explain this UM coverage and why it is important.

Why You Need an Attorney

If you live in the Tampa area and are involved an accident involving an uninsured motorist, you may need to file a UM claim with your insurance. It is important to consult with a South Tampa car accident attorney, as a skilled attorney can help you deal with the insurance companies and provide options for you.  An attorney can help protect you during this difficult time.   

On top of all of the insurance issues, an accident can become complicated when you have extensive medical bills and permanent injuries. If you or a loved one have been injured by a negligent driver, contact a Tampa personal injury attorney at Mandelbaum, Fitzsimmons, Hewitt & Cain, P.A.