A car accident in Florida can result in financial expenses like medical bills and lost wages that add up fast. If the total cost of your damages goes beyond the at-fault driver’s insurance policy limits, you’re left with a gap between what their coverage pays and what you’re actually owed.
This is more common than most people think in Florida, where the state doesn’t even require drivers to carry bodily injury liability coverage. If you’re dealing with this situation, you do have legal options available to you.
Read on for more information about what happens next and how you may be able to recover the full amount of compensation you need and deserve.
Why Policy Limits Become an Issue in Florida
Florida’s minimum insurance requirements are among the lowest in the country. Drivers are only required to carry $10,000 in personal injury protection (PIP) and $10,000 in property damage liability as part of the state’s “no-fault” rules. Bodily injury liability coverage, which is the part of a policy that pays the other person’s medical bills and losses when the policyholder is at fault, is not required at all.
That means you could be hit by a driver who has zero bodily injury coverage on their policy. Even drivers who do carry it often only purchase the minimum amounts, which can be exhausted quickly in a serious crash. In cases where that happens, the remaining damages become a question of what other sources of compensation are available.
What Are My Options if the Policy Limits Aren’t Enough?
There are several avenues worth exploring when a car accident claim exceeds the at-fault driver’s coverage, such as:
- Your own UM/UIM coverage, if you have it
- Filing a lawsuit against the at-fault driver
- Identifying additional liable parties, such as an employer
- Checking for umbrella policies
- Bad faith claims if the insurance company fails to handle the claim in good faith
A car accident lawyer can fill you in on your best course of action during a free consultation. Keep in mind that with the way these legal cases work, you only pay attorney’s fees if your claim is successful.
What Role Does Florida’s No-Fault System Play?
As a no-fault state, Florida requires you to turn to your own PIP coverage first after a crash, regardless of who caused it. PIP covers 80% of your medical expenses and 60% of your lost wages, subject to applicable limits. PIP benefits generally provide up to $10,000 in total coverage, although medical benefits may be limited to $2,500 if you are not diagnosed with an emergency medical condition.
Fortunately, state law sometimes loosens these rules and allows you to file a claim directly against the other driver (one of the potential options mentioned above). You can file a claim based on your economic damages either way in these cases, but non-economic damages will depend on whether you’ve suffered a serious injury or if another specific exception applies.
Contact Baggett Law Personal Injury Lawyers To Schedule a Free Consultation With a Jacksonville Personal Car Accident Attorney
Running up against someone else’s policy limits doesn’t mean you’re stuck covering the rest on your own. There may be more sources of compensation available than you realize, and an experienced attorney can help you track down every one of them.
If you need help after an accident in Florida, contact Baggett Law Personal Injury Lawyers to schedule a free consultation with a Jacksonville car accident lawyer and find out what your best course of action is.
We serve Duval County, St. Johns County, and the surrounding areas:
Baggett Law Personal Injury Lawyers – Jacksonville
9471 Baymeadows Rd #105,
Jacksonville, FL 32256
(904) 396-1100
Baggett Law Personal Injury Lawyers – Downtown Jacksonville
121 W Forsyth St Suite 1000,
Jacksonville, FL 32202
(904) 822-4225
Baggett Law Personal Injury Lawyers – Ponte Vedra
480 Town Plaza Ave #130,
Ponte Vedra Beach, FL 32081
(904) 675-1167