Uninsured Motorist Claims

Were you hurt in a car accident involving an uninsured motorist in Miami, Florida? Handling any insurance claim can be overwhelming. Uninsured motorist claims tend to be even more stressful–and the insurance company doesn’t always have your best interests in mind.

Our Miami car accident lawyers at Shaked Law Personal Injury Lawyers have over 100 years of combined experience. Since we opened our doors, we’ve recovered hundreds of millions of dollars on behalf of accident victims across South Florida.

If you were injured in a car crash, you might be entitled to compensation for medical bills, lost wages, and more. To learn more about how our lawyers can help you recover the maximum compensation you deserve, call our law offices in Miami, Florida, at (305) 937-0191 or fill out the contact form to schedule a free consultation today.

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How Shaked Law Personal Injury Lawyers Can Help After a Car Accident in Miami

How Shaked Law Personal Injury Lawyers Can Help After an Accident in Miami

Even a minor car accident can be overwhelming. The stress of the situation is only magnified when you’re seriously hurt and the other driver doesn’t have car insurance. In these cases, you should expect the insurance company to fight to avoid paying the full damages you deserve.

At Shaked Law Personal Injury Lawyers, our lawyers have dedicated our entire practice to fighting for clients like you.

Our Miami car accident attorneys can help by:

Conducting a thorough investigation into the accident
Locating evidence to prove the uninsured driver caused your crash
Identifying all sources of compensation
Documenting your injuries and expenses
Hiring experts and specialists when needed
Making sure your insurance claims are submitted on time
Negotiating to recover the maximum compensation possible

Our Board Certified Civil Trial Lawyers have been recognized as Super Lawyers and Expertise Best Car Accident Lawyers. We won’t hesitate to take your case to trial if the insurance company refuses to play fair.

Are you ready to learn more about our team and how we can help? Call to schedule a free initial consultation with a Miami personal injury lawyer today.

How Common Are Uninsured Motorist Claims in Florida?

According to a study conducted in 2021, about one in every eight drivers in the United States was uninsured in 2019. Despite statewide no-fault insurance rules, about 20% of all drivers in the state of Florida do not have car insurance.

Uninsured motorist claims are common in hit-and-run cases. Unfortunately, hit-and-run accidents are extremely common in Florida. In 2021 alone, 109,516 hit-and-runs were reported statewide. At least 24,366 people were injured, and 310 were killed in those accidents.

About 21,407 hit-and-run accidents were reported in Miami-Dade County alone in 2021. From those accidents, 3,761 victims were injured, and 49 were killed.

What Types of Insurance Coverage Are Florida Drivers Required to Carry?

Under Florida no-fault insurance laws, all drivers must carry auto insurance that covers at least:

$10,000 in personal injury protection (PIP) coverage
$10,000 in property damage liability (PDL) coverage

Because Florida is a no-fault state, most injured drivers first file a claim with their own insurance company.

Your PIP coverage provides compensation for:

Up to 80% of your reasonable and necessary medical expenses
Up to 60% of your lost wages while you recover

Your PIP provides coverage even if you were responsible for causing the accident. However, you must seek medical treatment within 14 days of the accident, or the insurance company could deny your claim.

Florida drivers can also purchase optional products and services. For example, you could increase your PIP coverage to cover 100% of your medical bills. You can also purchase bodily injury protection (BIP) coverage. BIP covers the cost of paying compensation to others if you cause a crash and someone else gets hurt.

What is Uninsured Motorist Coverage?

Florida drivers aren’t required to purchase uninsured/underinsured motorist coverage.

However, uninsured motorist (UM) coverage can protect you if you’re hurt in a motor vehicle accident where your expenses exceed your PIP liability limits.

UM collision coverage can help if:

The at-fault party doesn’t have car insurance to pay for medical bills and other expenses
The responsible party doesn’t have enough insurance
You were hurt in a hit-and-run accident

While it’s optional, nearly all insurance companies offer uninsured motorist coverage options. You can also purchase uninsured motorist property damage coverage.

Even though Florida is a no-fault state, you can still hold responsible parties liable for damages if you’re seriously hurt. After you exhaust your PIP liability coverage, you can file a claim with the at-fault driver’s insurance or file a personal injury lawsuit.

To recover damages, you’ll have to prove that the other party was responsible for causing your car accident.

UM coverage kicks in when the at-fault driver doesn’t have insurance, is underinsured, or doesn’t have the money to cover your damages. However, you also have to establish that the uninsured motorist was liable to recover compensation from your UM policy.

Uninsured motorist coverage can be stacked or unstacked. “Stacked” coverage means combining the coverage limits for multiple vehicles. Your policy coverage limits will be higher with stacked coverage, offering greater protection in a crash.

How Does An Uninsured Motorist Claim Work in Florida?

You file a claim against your uninsured motorist policy if the at-fault driver doesn’t have insurance or sufficient assets to cover your damages. You can also access your UM policy if you were injured in a hit-and-run accident in Miami.

Like any other insurance claim, you’ll have to establish the amount of damages you’ve sustained. In other words, you’ll have to know how much your personal injury claim is worth.

The value of your case can depend on:

The severity of your injuries
Your physical and emotional suffering
The cost of your medical treatment and out-of-pocket expenses
The value of your lost wages and income
Whether you’ll suffer a permanent disability

If the insurance company approves your claim, you should receive compensation for the difference between the damages you sustained and the amounts you’ve already received.

So, if the at-fault party was able to provide partial compensation, your uninsured motorist claim is reduced to account for those damages.

How Do I Prove Negligence if an Uninsured Motorist Caused My Accident?

To recover damages under an uninsured motorist policy, you’ll have to prove that the uninsured or underinsured driver caused your accident. In almost all cases, that means you’ll be required to prove negligence.

To prove negligence, you have to establish:

A legal duty of care (all drivers owe a legal duty to others on the road)
Breach of duty
Causation
Damages

In simple terms, you’ll have to prove that the uninsured driver’s careless, reckless, or wrongful acts caused your accident.

While negligence seems straightforward, it isn’t always easy to prove. It’s also possible that the uninsured driver might blame you for causing the accident.

The insurance company could challenge your right to benefits under your UM policy by claiming:

You failed to prove negligence
You were partly responsible for the accident
Your injuries weren’t as severe as you claim
Your costs didn’t exceed your PIP coverage limits
Your insurance policy doesn’t cover the crash

Our lawyers in Miami know the lengths insurance companies will go to to avoid paying fair compensation to accident victims. We also know how to fight back against these and other unfair insurance practices. If you were injured in an accident caused by an uninsured motorist, call Shaked Law Personal Injury Lawyers for help today.

What Types of Damages Are Available Under an Uninsured Motorist Policy in Miami, Florida?

By filing an uninsured motorist claim, you might be entitled to the same types of damages that are available in any other personal injury case.

In other words, you may be entitled to recover compensation for:

Unreimbursed medical expenses
Lost wages
Lost future earning potential
Physical therapy, rehabilitation, and other specialized care
Property damage
Pain and suffering
Emotional distress
Diminished quality of life
Physical disfigurement and scarring
Anxiety, depression, and PTSD
Loss of consortium

It can be difficult to prove the value of some of these damages. Our Miami car accident attorneys at Shaked Law Personal Injury Lawyers can help with every aspect of your claim. Just call our law firm to schedule a free case review today.

How Long Do I Have to File a Lawsuit After a Car Accident in Florida?

The insurance claims process itself can be lengthy. However, it’s always a good idea to speak with a lawyer to make sure you meet all of the deadlines in your case.

In Florida, you technically have two years to file a personal injury lawsuit. Despite the two-year statute of limitations, you’ll have to file your uninsured motorist claim much sooner.

The deadline to file Florida injury lawsuits used to be four years. However, the state revised its statute of limitations on March 24, 2023. Accordingly, if the car accident happened after that date, you need to meet the two-year deadline.