Car Accidents Involving Underinsured or Uninsured Motorists

Call 407.344.3400 to speak with Auto Accident Lawyer, Steen Brown

After a car accident, many victims have no idea what to do. For those who sustain serious injuries, medical bills and the time lost from work may cause financial strain.

Car accident victims' medical expenses and disability benefits are covered under their own insurance policy. The maximum amount the insurance company is required to offer is $10,000.

Any medical expenses and lost wages over the elected amount of $10,000 may be recovered from the driver at fault.

Orlando - Kissimmee Personal Injury Lawyer Discusses Bodily Injury Liability Coverage

Though drivers are not required to buy bodily injury (BI) liability coverage, Florida's Financial Responsibility law requires drivers to be personally liable for bodily injuries up to $10,000 per person with a maximum of $20,000 per accident.

Drivers who do not have sufficient funds to meet this financial responsibility requirement often purchase BI liability coverage. That is why many drivers carry BI insurance on their own policies. There are varying amounts of BI coverage, starting at $10,000 per person/$20,000 per occurrence.

The following example explains how a car accident victim may recover from a negligent driver's BI liability coverage. Driver A causes an accident which injures Driver B, and Driver B makes a claim for medical benefits and lost wages under Driver B's own car insurance policy. However, Driver B's medical expenses and lost wages exceed the coverage limit of $10,000. Driver B then files a claim or lawsuit against Driver A for those losses and other damages such as pain and suffering, future medical expenses and lost wages.

If Driver A purchased $10,000 of BI liability and Driver B is claiming damages of $10,000, then Driver B may recover those losses from Driver A's BI liability coverage.

But what if Driver B's damages exceed $10,000? Then the uninsured/underinsured motorist (UM/UIM) coverage in Driver B's own car insurance policy comes into play.

The Importance of Uninsured/Underinsured Motorist (UM/UIM) Coverage

UM/UIM coverage is vital and often misunderstood by those residents of Florida who get into car or truck accidents. Pursuant to Florida car accident law, if a driver buys BI liability coverage, the insurance company must offer UM/UIM coverage for the same amount as the BI liability coverage. However, the driver may choose to reject UM/UIM coverage. Florida Statute 627.727.

Many drivers opt not to get UM/UIM coverage in order to get a reduced premium but they don't realize that this coverage is actually a protection for them.

UM/UIM coverage protects a car accident victim if the driver at fault has no BI or little BI liability coverage and the car accident victim's case is worth more than the negligent driver's BI liability coverage.

Therefore, in the above example when Driver B's injuries, i.e. medical expenses, lost wages, etc. exceed Driver A's BI liability coverage, he/she can then file a UIM claim against his/her own insurance policy for the damages that exceed Driver A's BI liability coverage. UM/UIM claims can be complicated and an experienced car accident lawyer is needed.

Help after a Car or Truck Accident in Florida

Attorney Steen J. Brown is a car accident lawyer who takes great pride in representing those injured in car and truck accidents in Florida. Attorney Brown and his team are based in Orlando, Kissimmee, Florida. They are here to help. Call 407.344.3400 for a free consultation and remember there is no charge if there is no recovery.

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Call Orlando and Central Florida Auto Accident Personal injury Attorney, Steen Brown today at 407.344.3400 to schedule a confidential Free consultation.