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

Jason B. Goldman • Dec 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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Navigating Your Rights: Understanding Personal Injury Claims in Florida Boating Incidents

By Jason B. Goldman • 05 May, 2024
With Charlotte Harbor waters as a prime location for boating enthusiasts, understanding the intricacies of personal injury claims arising from boating accidents is essential for our community. GTS Law Firm, rooted deeply in the Charlotte County area, including Port Charlotte, Punta Gorda, Englewood, and North Port, brings forth insights and advice for those finding themselves in the unfortunate aftermath of a boating accident. How Do Boating Injury Claims Differ? Boating accidents in Florida present unique challenges compared to other personal injury claims. Given the potential for significant damages, these cases often see rigid resistance from insurance entities. The intricate nature of injuries demands a comprehensive legal approach, emphasizing the necessity of expert maritime knowledge. The Role of Maritime Law Maritime law is at the forefront when dealing with boating and jet ski accidents, introducing various complexities, such as determining the rightful jurisdiction. This specialized area necessitates a profound understanding to navigate successfully. Classification and Causes of Boating Accidents In Florida’s legislative landscape, jet skis are indeed considered boats if they meet specific criteria. Recognizing the common causes of boating mishaps, from reckless operation to boating under influence (BUI), is crucial for building a strong legal case. The Vitality of Legal Representation Experiencing a boating accident can be overwhelming, entangled with complex legal proceedings. GTS Law Firm is committed to extending unparalleled legal assistance, drawing from our extensive expertise in personal injury and maritime law. Our approach is personalized, acknowledging each client's unique journey towards seeking justice. For those navigating the aftermath of a boating accident, remember, you’re not alone. Our empathetic team at GTS Law Firm is here to offer guidance, support, and representation. To discuss your case or for more insights into boating personal injury claims in Florida, connect with us. www.gtslawfirm.com (941) 625-6666.

Understanding Florida's Dram Shop Law: A Guide for Victims of Drunk Driving Accidents

By Jason B. Goldman • 05 May, 2024
Florida's roads should be a haven of safety, not a battleground of reckless decisions. At GTS Law Firm, we stand with victims of drunk driving accidents, advocating for justice and rightful compensation. Today, we're shedding light on a lesser-known aspect of Florida law that might give victims another avenue for seeking that justice: Florida Statute 768.125, more commonly known as the Dram Shop Law. The Law's Limitations Importantly, the statute comes with limitations. Under normal circumstances, an establishment cannot be sued for providing alcohol to a legally aged drinker. However, the law makes two essential exceptions: If alcohol is knowingly provided to a person who is not of lawful drinking age If alcohol is knowingly provided to someone recognized as habitually addicted to alcohol Should these individuals cause an accident leading to injuries or other damages, the establishment could then be liable. Scope of the Law The Florida courts have clarified the scope of the Dram Shop Law; it predominantly applies to establishments selling alcohol for immediate consumption. This means restaurants, bars, and casinos are typically those in focus. Conversely, the law does not traditionally apply to liquor stores or other vendors selling alcohol intended for later consumption. Social hosts are generally exempt from liability regarding their adult guests' alcohol consumption. However, should a social host serve alcohol to minors, they could face severe repercussions, including fines and jail time. Pursuing Damages in a Dram Shop Case Victims must prove that an establishment knowingly served a minor or an addicted individual. Recovery in a dram shop case can include: Lost wages Medical expenses Pain and suffering Property damage Our aim at GTS Law Firm is not just to support you in litigating against the direct perpetrator, but also to explore every legal avenue that can bring you closer to full and fair compensation. Comprehensive Legal Support with GTS Law Firm If you or someone close to you has suffered due to a drunk driving incident, know that you may have more options for recovery than you think. GTS Law Firm's experienced attorneys can provide you with the legal guidance necessary to navigate these complex scenarios. Contact us for a personalized consultation and let us help you on your journey to justice. www.gtslawfirm.com (941) 625-6666.

Understanding the Process Behind Police Investigations in Fatal Car Accidents in Charlotte County

By Jason B. Goldman • 07 Apr, 2024
Navigating the immediate aftermath of a fatal car accident is a challenging experience for those involved. At Goldman, Tiseo and Sturges (GTS) Law Firm, our heart goes out to every individual and family affected by such tragic events. We believe in providing our community with the knowledge and legal guidance they need to navigate these difficult times. One crucial aspect that families often find themselves needing to understand is how police investigations of fatal car accidents work, especially here in the Charlotte County area, including Port Charlotte, Punta Gorda, Englewood, and North Port. Police investigations serve a critical role in determining the circumstances surrounding any car accident. In the unfortunate event of a fatal collision, these investigations become even more paramount. They seek to uncover the sequence of events leading to the accident, identify any possible violations of traffic law, and understand the contributing factors, such as speed, intoxication, or distracted driving. The process typically follows several key steps: Immediate Response: Law enforcement officers are dispatched to the scene as soon as a fatal car accident is reported. Their primary focus is to secure the area, provide necessary aid, and ensure safety for all involved and the general public. Evidence Collection: Officers meticulously document the scene. This can include taking photographs, measuring skid marks, and collecting any physical evidence from the site. Eyewitness statements are also gathered at this time. Analysis: The collected evidence is analyzed to piece together the moments before the crash. Specialized units, such as forensic teams or accident reconstruction experts, may be brought in to assist with this part of the investigation.  Reporting: A detailed report is compiled, summarizing the findings of the investigation. This report can play a crucial role in any legal proceedings that may follow, as it often contains the investigation's conclusions about fault and contributing factors. At GTS Law Firm, our seasoned attorneys, backed by AV-rating from Martindale Hubbell, deeply understand the local laws and nuances of navigating such complex investigations. We're committed to providing compassionate, personalized legal representation to help our clients find justice and closure. If you or a loved one has been affected by a fatal car accident, we encourage you to reach out for a free consultation. Let our hometown attorneys with national recognition guide you through these challenging times with the expertise and care you deserve. For more information or to schedule a consultation, visit our website at gtslawfirm.com or contact us at (941) 625-6666.

Assessing the Risk of Car Accidents in Charlotte County: Stay Informed with GTS Law Firm

By Jason B. Goldman • 07 Apr, 2024
At the Goldman, Tiseo & Sturges Law Firm, we often encounter clients who ask, "What are the chances I'll be involved in a car accident here in Charlotte County?" It's a question that's on the minds of many of our community members as they navigate the roadways of Port Charlotte, Punta Gorda, Englewood, and North Port. While there's no crystal ball to predict everyone’s likelihood of experiencing a car accident, several factors can affect these odds, including regional traffic conditions, seasonal population increases, and local infrastructure. As your hometown legal team deeply rooted in Charlotte County, we understand these dynamics firsthand and are well-versed in the patterns and trends that can impact driving safety in our area. Statistics from traffic authorities offer insights into accident rates, which can vary from year to year. Factors such as distracted driving, road construction, and weather conditions all play a role in the number of collisions on our roads. But numbers only tell part of the story. At GTS Law Firm, we know that behind every statistic is a person – a neighbor, a friend, a family member. That's why we stress the importance of cautious and attentive driving every time you get behind the wheel. We also emphasize the value of being informed and prepared. Knowing local traffic laws, understanding your vehicle's safety features, and staying aware of common hazards can all decrease the likelihood of finding yourself in a collision. However, should you unfortunately find yourself involved in a car accident, rest assured that GTS Law Firm is here to help. Our experienced attorneys provide premier legal guidance with a personal touch, reflecting our deep commitment to the welfare of our clients and community. Our firm is the only multi-member law firm in our area where every attorney is AV-rated by Martindale Hubbell, signifying a dedication to excellence in service and legal expertise. If you've been in a car accident, or if you want to be proactive in understanding your rights on the road, reach out to GTS Law Firm for a free consultation. Our legal team is standing by to provide you with the personalized attention and representation you deserve. Let our hometown attorneys with nationwide recognition be your advocates, whether you're seeking to navigate the legal aftermath of an accident or simply looking to arm yourself with knowledge to prevent one. For proactive protection or dedicated representation, contact us at (941) 625-6666 or visit our website at gtslawfirm.com
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