What Happens if an Uninsured Driver Injures Me in a Car Accident? Southwest Florida Car Accident Lawyers, GTS, Explain

Jason B. Goldman • December 17, 2021
What Happens if an Uninsured Driver Injures Me in a Car Accident? Southwest Florida Car Accident Lawyers, GTS, Explain

Florida drivers have earned the dubious distinction of having one of the highest uninsured motorist rates in the entire country.  This is due, in large part, to our state legislature’s unwillingness to require Florida drivers to carry a type of coverage called bodily injury liability. If you are injured in an accident by an uninsured or underinsured driver, there are still financial recovery options available to you.  It’s crucial to speak with an experienced Port Charlotte car accident lawyer about these options.

Required Automobile Insurance Coverages in Florida

For a car to be registered in Florida, its owner must provide proof of only $10,000 in property damage liability (this coverage pays only for property damage caused to another person’s vehicle) and $10,000 in personal injury protection (PIP) (this coverage only pays medical expenses for the driver of the automobile). These are the only two coverages required to legally drive in Florida.  Noticeably missing is bodily injury liability coverage, which compensates other drivers if they are injured in an accident caused by the vehicle’s owner.  Florida’s legislature does not require Florida drivers to purchase bodily injury liability coverage, which compensates those injured in a car accident. 

Because Florida does not require its drivers to carry even a minimal level of bodily injury liability coverage, it is imperative for you to carry a coverage called uninsured/underinsured motorist (UM) coverage.  While UM coverage is not mandatory, it is vital to protect you and your family from uninsured drivers.  UM coverage will compensate you for injuries suffered in a car accident caused by an uninsured/underinsured driver.  In order to purchase UM coverage from your auto insurance carrier, it will require you to also purchase bodily injury liability coverage.  Your insurance carrier will not permit you to purchase a higher level of UM coverage than bodily injury liability coverage.  You must at least protect the public as much from your negligence, as you are protecting yourself from the public’s negligence against you.

Recovery Options

When a driver who injures you does not have car insurance (or does not have enough insurance to fairly compensate you for your injuries), you have options for financial recovery. While you have options, not all options are created equal. 

One option is attempting to receive compensation directly from the uninsured driver.  Your lawyer could bring your case to trial and obtain a judgment against the at fault driver.  However, a judgment is just a sheet of paper which states the at fault driver owes you the amount of money awarded by a jury.  While you have this judgment stating this money is owed to you, it is up to you to try and find assets from the at fault driver to pay towards your judgment.  Oftentimes, uninsured drivers are uninsured because they can’t afford adequate automobile insurance.  If they can’t afford car insurance, the odds of them having substantial, available assets to pay towards your judgment are nil to none.  While holding a judgment against someone allows you to try and garnish wages, lien non-homestead property, seize personal property, etc,. in many instances the at fault party doesn’t have any substantial assets to seize or garnish.  In these situations, if you do not have UM coverage to protect you and the at fault party is uninsured and what we call “judgment proof”, you may not be able to achieve any compensation at all for your injuries.  This happens constantly in Florida, because our legislature does not require Florida drivers to carry either bodily injury liability or uninsured motorist coverage.

You and your family are best served by carrying adequate UM coverage. If you are injured by an uninsured or underinsured driver, you can instead obtain financial compensation for your injuries directly from your own insurance company’s UM coverage.  In essence, this coverage steps into the shoes of being the insurance carrier for the at fault, uninsured party.  A UM insurance adjuster will be assigned, and that adjuster will work to resolve your claim for the lowest amount they possibly can.  When we represent you in a UM claim against your own insurance carrier, we will not allow your claim to be resolved at the whim of your insurance adjuster.  Our Southwest Florida injury lawyers can help you if you’ve been seriously injured in a crash.

Our Port Charlotte, Punta Gorda, and Englewood Car Accident Lawyers Protect You and Your Family!

If you or a loved one were seriously injured or killed in a Florida car accident, our experienced Southwest Florida car accident lawyers at Goldman, Tiseo, and Sturges, P.A. can fight to ensure you receive the compensation you and your family deserve.  We will not allow at fault drivers and their insurance carriers to take advantage of you or treat you unfairly.  Our only job is to protect you and your family from the devastating consequences of a serious automobile accident.  Learn how we can help you during a FREE consultation by calling (941) 625-6666 or by sending us a message through our contact us box available on our website here.

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Out-of-State Defendant for a Personal Injury Case

By Jason B. Goldman • September 8, 2025
Getting injured because of someone else’s negligence is stressful enough but what happens if the person or business responsible doesn’t live in Florida? Many people wonder if they can pursue a personal injury claim against someone out-of-state. The answer is yes, but there are some important details to understand. How Out-of-State Laws Affect Your Case When a defendant lives outside Florida, courts may need to consider jurisdiction . Essentially, whether Florida courts have the authority to hear the case. In many situations, if the incident happened in Florida or caused harm here, the court can still proceed. Additionally, different states have different laws regarding personal injury claims, including statutes of limitations, liability rules, and damages. This can affect how a case is filed and what compensation may be available. Steps to Take Consult an Experienced Attorney: A skilled Florida personal injury attorney can determine whether your case can proceed here or if another state’s laws may apply. Gather Evidence: Documentation such as medical records, accident reports, and witness statements is crucial, especially if the defendant is out-of-state. Understand Service of Process: The defendant must be formally notified of the lawsuit. Serving someone in another state follows specific legal procedures to ensure the court has jurisdiction.  Consider Legal Strategy: Sometimes, pursuing a claim in Florida is straightforward; other times, filing in the defendant’s home state may be necessary. Your attorney will guide you through the best approach. Protect Your Rights Handling a case with an out-of-state defendant can be complicated, but you don’t have to navigate it alone . The team at GTS Law Firm has experience helping clients pursue personal injury claims, even when the responsible party lives outside Florida. We focus on protecting your rights and working toward the compensation you deserve. Contact GTS Law Firm today to speak with an attorney about your personal injury case. (941) 625-6666

Driving Habit Accidents: How Everyday Choices Can Put You at Risk

By Jason B. Goldman • September 8, 2025
When it comes to staying safe on the road, habits matter. Many car accidents are not caused by reckless behavior or extreme conditions, but by everyday driving habits that increase risk over time. From texting while driving to consistently rolling through stop signs, these seemingly minor behaviors can have serious consequences. Common Driving Habits That Lead to Accidents Distracted Driving – Phones, navigation systems, or even conversations with passengers can take attention away from the road. Distracted driving contributes to thousands of accidents each year. Following Too Closely – Tailgating reduces reaction time and can turn a minor slowdown into a major collision. Speeding in Familiar Areas – Drivers often feel comfortable speeding on roads they know well, underestimating risks like sudden stops or pedestrian crossings. Improper Lane Changes – Not checking mirrors or blind spots increases the chance of side collisions. Rolling Through Stop Signs and Traffic Signals – A habit of ignoring stop signs or lights, even slightly, can lead to intersection accidents. Why Habits Matter Repeated behaviors form patterns. Even safe drivers can develop risky habits over time without realizing it. Insurance companies, accident investigators, and courts often consider a driver’s habits when determining fault or liability after a crash. Protect Yourself and Others Be mindful of your driving habits – Small adjustments can prevent accidents. Avoid distractions – Keep your focus on the road at all times. Maintain safe following distances – Give yourself enough time to react.  Follow traffic laws consistently – Stop signs and lights exist to protect everyone. At GTS Law Firm , we understand how habitual driving behaviors can affect accident outcomes. If you or a loved one has been involved in a collision caused by another driver’s habits, our experienced team is here to help you navigate the legal process and secure the compensation you deserve. Contact us today to schedule a consultation and protect your rights. (941) 625-6666

Back-to-School Safety: Staying Alert in Busy Parking Lots

By Jason B. Goldman • August 13, 2025
As Charlotte County families prepare for the new school year, stores are crowded with parents and children picking up backpacks, notebooks, and other supplies. While the excitement is high, parking lots at big-box stores and shopping centers can become dangerous if drivers and pedestrians aren’t paying attention. Why Parking Lot Safety Matters Parking lots can be high-risk areas, especially during peak back-to-school shopping times. With increased traffic, pedestrians—especially children—can be hard to see, and distractions can lead to accidents. For Drivers: Navigating Parking Lots Safely Slow Down: Keep speeds low and be ready to stop suddenly. Stay Off Devices: Distractions can cause you to miss a pedestrian. Watch for Children: Kids can dart out from between cars without warning. Use Signals: Let others know when you’re turning or backing up. For Parents and Shoppers Hold Hands with Young Children: Keep them close in busy parking areas. Load Carefully: Position carts and children out of moving traffic while loading purchases. Teach Awareness: Remind kids to stop and look before crossing lanes or emerging from between cars. GTS Law Firm: Protecting Families in Charlotte County At GTS Law Firm, we know that even a quick shopping trip can lead to unexpected accidents. If you or your child is injured due to a driver’s negligence in a parking lot, our attorneys are here to help you understand your rights and seek fair compensation. Let’s keep this back-to-school season safe—not just on the roads, but in the parking lots where families gather to prepare for the year ahead. If you’ve been involved in a parking lot incident, contact GTS Law Firm for a consultation.

Back to School Safety: Sharing the Road with Buses and Students in Charlotte County

By Jason B. Goldman • August 13, 2025
As summer winds down and the school year begins, Charlotte County’s roads become busier with school buses, parents dropping off children, and students walking or biking to class. This time of year is a reminder for all drivers to slow down, stay alert, and take extra precautions to protect our community’s youngest members. School Bus Safety School buses are one of the safest modes of transportation for students, but safety depends on drivers following the law: Stop for School Buses: Florida law requires drivers to stop when a school bus has its stop arm extended and red lights flashing, regardless of the direction you’re traveling (unless there’s a divided highway with a barrier). Keep a Safe Distance: Maintain at least 20 feet behind a stopped school bus to give children space to cross safely. Be Patient: School bus stops take time as children may be crossing from multiple directions. Pedestrian and Bicyclist Safety Students walking or biking to school are more vulnerable during early morning and afternoon hours: Watch for Crosswalks: Always yield to pedestrians at crosswalks and school crossings. Slow Down in School Zones: Observe posted speed limits, which are often 15-20 mph in school areas. Avoid Distractions: Keep phones down and focus on the road, especially during pick-up and drop-off times. Tips for Parents and Students Teach Safe Habits: Remind children to look both ways before crossing the street and to use crosswalks. Bike Safety: Ensure children wear helmets and use bike lanes when available. Visibility Counts: Bright clothing or reflective gear can help drivers see students more easily. \ GTS Law Firm: Advocating for a Safer Community At GTS Law Firm, we are committed to helping keep Charlotte County safe—on and off the road. Unfortunately, accidents can still happen despite best efforts. If you or a loved one is injured due to a driver’s negligence, our experienced attorneys are here to protect your rights and seek the compensation you deserve. As we head into the school year, let’s all do our part to share the road responsibly and make this season a safe one for every student. If you have questions about your rights following a traffic incident, contact GTS Law Firm today for a consultation.