Getting in a car accident can be a difficult occurrence to deal with for any person. Usually, each party has to file a claim with their insurance company to begin the process of reimbursement and coverage for injuries and damages to the vehicles.
When a driver does not have insurance, it further complicates the process. Unfortunately, Florida has one of the highest uninsured or underinsured motorist coverage rates in the country, with over an estimated 20% of Florida drivers being uninsured.
Florida insurance companies also provide Uninsured Motorist Liability (UM or UMBI). If a person gets into a collision with an uninsured driver, he or she may be liable to auto or injury coverage.
An experience automobile insurance attorney can assist anyone who has been in an auto accident with an uninsured driver.
Attorney for Uninsured Motorist Accidents in Sarasota, Florida
Have you been in an auto accident with an uninsured motorist and need legal help? Contacting an experienced Sarasota Florida auto insurance attorney may set you on the path to receiving coverage and compensation.
Germain Law Group has represented clients in the Sarasota area for years, building a reputation as a reliable, dedicated law firm that looks after every client at every step of the way.
If you need legal guidance in regards to an uninsured motorist accident and are located in the Sarasota area and the surrounding counties of Hardee County, Highlands County, Manatee County, DeSoto County, or Pinellas County; Germain Law Group may review your case.
Call (941) 316-0333 today to schedule a consultation with Germain Law Group to discuss your legal options.
Uninsured and Underinsured Vehicle Coverage § 627.727
Florida automobile insurers, under § 627.727, have to provide drivers with the option of purchasing uninsured motorist coverage.
The limits of the uninsured motorist coverage cannot be less than the limits of bodily injury liability insurance purchased, or such a lower limit was in compliance with the rating plan of the company.
For the purpose of coverage, a motor vehicle is deemed to be uninsured when the liability insurer:
- Is unable to make a payment with respect to the legal liability of its insured with the limits specified therein because of insolvency;
- Has provided limits of bodily injury liability for its insured which are less than the total damages sustained by the person legally entitled to recover damages; or
- Excluded liability coverage to a nonfamily member whose operation of an insured vehicle results in injuries to the named insured or to a relative of the named insured who is also a member of the named insured's household.
In addition, insurers may offer policies and provision for uninsured motorist coverage, establishing and including:
- The coverage provided to two or more vehicles will not be added together to determine the limit of insurance coverage available to an injured person:
- If at the time of the accident the injured person occupying the vehicle the coverage available is the uninsured motorist coverage available to that motor vehicle;
- If the injured person is occupying a motor vehicle which is not owned by him or her or by a family member, the injured person is entitled to the highest limits of uninsured motorist coverage afforded for any one vehicle as to which the injured person is insured;
- The uninsured motorist coverage provided by the policy does not apply to the named insured or family members residing in her or his household who are injured while occupying any vehicle owned by such insured for which uninsured motorist coverage was not purchased.
- If, at the time of the accident the injured person is not occupying a motor vehicle, she or he is entitled to select any one limit of uninsured motorist coverage for any one vehicle afforded by a policy under which she or he is insured as a named insured or as an insured resident of the named insured’s household.
Filing a claim for a Car Accident in Florida
Car insurance companies usually employ a staff who assesses the damage to vehicles to determine the costs of a car accident. Florida Statute § 626.9743 states that the payout for damages should be either fair market value of the car before the accident or the actual cash value of the car before the accident.
In certain cases, a car insurance company may claim that the damage to the vehicle occurred prior to the accident or may deny coverage for medical, surgical or hospital costs.
Insurers may have legitimate reasons for delaying payments, but insurers are required to provide the claimant with a written explanation as to why the claim has been delayed or denied.
It is in the best interest of a person filing a claim to an auto insurance company to hire an experienced auto insurance attorney. A helpful and dependable attorney may be able to maximize the benefits received for injuries and damages.
A qualified insurance attorney may be able to convince an insurer that a quick, honest settlement is in everyone's best interest to avoid costly litigation.
Online Sunshine | Uninsured Vehicle Coverage – Florida Legislature has detailed a long and explicit statute in reference to motor vehicle insurance and uninsured motorist coverage. Visit this Online Sunshine webpage to learn more about the intricacies and policies of § 627.727.
Find an Attorney for Uninsured Motorist Accidents in Sarasota County, Florida
Have you been injured or have you had your car damaged in an accident involving an uninsured motorist? With the help of an experienced insurance attorney, you may be able to receive some financial or medical coverage.
Florida has more uninsured drivers than the national average.
Germain Law Group has represented clients in a number of auto insurance cases, and knows that Florida law states that insurance providers must offer uninsured motorist protection.
Germain Law Group is a dedicated and trustworthy law firm, with years of experience in the Sarasota, Florida area and surrounding counties such as Manatee County, Pinellas County, Hardee County, Highlands County, and DeSoto County.
If you have been involved in an auto accident, it is imperative you fight for the fullest benefits available.
Call (941) 316-0333 today to schedule a consultation with Germain Law Group so that you may discuss your legal options.
This article was last updated on Tuesday, April 3, 2018.
Meet Our Attorney
Michael B. Germain
Michael B. Germain is the founder of the Germain Law Group. For over a decade, Michael has been involved in litigating insurance claims and complex commercial matters.