Uninsured Motorists Injury Lawyer in Boynton, Florida
If you are involved in an accident with an uninsured motorist, our attorneys are skilled at finding hidden insurance policies that may cover your damages. Sources of compensation can include:
- The at-fault driver’s employer
- Uninsured motorist policies
- Bars or restaurants that served alcohol to the driver
Our firm is conveniently located in Boynton Beach, making it easy for you to set up a consultation with us. We handle all types of accident cases, including car accidents, hit and run incidents, and drunk driving collisions.
Understanding Uninsured Motorist Coverage
Despite Florida’s mandatory insurance requirements, many drivers operate vehicles without proper coverage. When you’re hit by an uninsured or underinsured driver, your own insurance policy’s uninsured motorist (UM) and underinsured motorist (UIM) coverage becomes critical.
What is Uninsured Motorist Coverage?
UM coverage protects you when:
- The at-fault driver has no insurance
- The at-fault driver cannot be identified (hit-and-run)
- The at-fault driver’s insurance company denies coverage
- The at-fault driver’s insurance company becomes insolvent
What is Underinsured Motorist Coverage?
UIM coverage applies when the at-fault driver has insurance, but their policy limits are insufficient to cover your damages. For example, if your medical bills and losses total $100,000 but the at-fault driver only has $25,000 in coverage, your UIM coverage can make up the difference.
Florida’s Uninsured Motorist Laws
Unlike many states, Florida does not require drivers to carry UM coverage. However, insurance companies must offer it, and you must reject it in writing if you choose not to purchase it. Many Floridians unknowingly waived this important protection.
Types of UM Coverage in Florida
- Bodily Injury UM: Covers medical expenses, lost wages, and pain and suffering
- Property Damage UM: Covers vehicle repairs (only available if you reject bodily injury UM)
- Stacked vs. Non-Stacked: Stacked coverage combines limits from multiple vehicles, increasing available compensation
Expert at Finding Hidden Insurance Policies
Our attorneys are skilled at identifying all sources of compensation for uninsured motorist victims.
Finding Hidden Sources of Compensation
Our attorneys excel at uncovering insurance policies and other sources of recovery that other lawyers might miss:
The At-Fault Driver’s Employer
If the uninsured driver was working at the time of the accident, their employer may be liable under the legal doctrine of “respondeat superior.” Employers are typically required to carry commercial liability insurance with much higher limits than personal auto policies.
Commercial Policies
If the at-fault vehicle was owned by a business, there may be commercial insurance covering the accident even if the driver lacked personal coverage.
Dram Shop Liability
Bars or restaurants that served alcohol to the driver may be liable under Florida’s dram shop laws if they:
- Served alcohol to a minor
- Served someone they knew was habitually addicted to alcohol
Umbrella Policies
Some drivers carry umbrella liability policies that provide additional coverage beyond their auto insurance limits. These policies can be difficult to discover without experienced legal investigation.
Other Household Policies
Family members living in the same household as the at-fault driver may have insurance policies that cover the accident.
Negligent Entrustment
If the at-fault driver borrowed someone else’s vehicle, the vehicle owner may be liable for negligent entrustment if they knew or should have known the driver was unfit to operate the vehicle.
Compensation Available Through UM/UIM Claims
Your UM/UIM coverage can compensate you for:
- Medical Expenses: Hospital bills, surgery, therapy, and future medical care
- Lost Wages: Income lost during recovery and reduced earning capacity
- Pain and Suffering: Physical pain and emotional distress
- Permanent Disability: Long-term impairments affecting quality of life
- Loss of Enjoyment: Inability to participate in activities you once enjoyed
- Wrongful Death: Compensation for families who lost loved ones
Challenges in Uninsured Motorist Claims
UM/UIM claims can be more complex than standard insurance claims:
Fighting Your Own Insurance Company
Unlike claims against another driver’s insurance, UM claims require you to negotiate with your own insurance company. While you pay premiums for this coverage, insurers often resist paying fair compensation.
Proving the Claim
You must prove the uninsured driver was at fault and demonstrate the extent of your damages. Insurance companies may dispute liability or minimize your injuries.
Policy Limits and Offsets
Understanding how UM coverage limits work, especially with stacked policies and offsets from other insurance payments, requires legal expertise.
Arbitration Requirements
Most UM claims include arbitration clauses requiring disputes to be resolved through arbitration rather than court trials. Experienced attorneys know how to navigate this process.
Don’t Face Your Insurance Company Alone
Let our experienced attorneys maximize your UM/UIM claim.
What to Do After an Accident with an Uninsured Driver
- Call the Police: File an official accident report documenting the other driver’s lack of insurance
- Gather Evidence: Take photos, get witness information, and document the scene
- Seek Medical Care: Get examined immediately and follow all treatment recommendations
- Notify Your Insurance: Report the accident and potential UM claim promptly
- Don’t Give Recorded Statements: Avoid detailed statements to insurance adjusters before consulting an attorney
- Preserve Evidence: Keep all medical records, bills, and documentation of losses
- Contact an Attorney: Speak with a UM specialist before accepting any settlement
Why You Need an Attorney for UM Claims
Uninsured motorist claims require specialized knowledge:
- Complex Policy Analysis: Understanding coverage limits, stacking provisions, and exclusions
- Investigation Skills: Finding hidden insurance policies and alternative sources of compensation
- Negotiation Experience: Dealing with insurance companies that resist paying claims
- Arbitration Expertise: Presenting cases effectively in arbitration proceedings
- Maximized Recovery: Ensuring you receive full compensation for all damages
Frequently Asked Questions
Do I have UM coverage if I didn’t specifically ask for it?
Florida law requires insurance companies to offer UM coverage. You only lack it if you specifically rejected it in writing. Review your policy declarations page or contact your insurance agent to verify your coverage.
Will my insurance rates increase if I file a UM claim?
Generally, filing a UM claim should not increase your rates since you weren’t at fault. However, insurance companies sometimes try to raise rates unfairly. An attorney can help protect against this and may negotiate provisions preventing rate increases.
What if the uninsured driver has no assets to pay a judgment?
If the uninsured driver lacks assets or insurance, your UM coverage becomes your primary source of compensation. This is why carrying adequate UM coverage is so important. Our attorneys also search for hidden insurance policies or other liable parties with assets.
Can I stack UM coverage from multiple vehicles?
Yes, if you purchased stacked coverage and insure multiple vehicles on your policy. Stacked coverage combines the limits from each vehicle, significantly increasing available compensation. However, stacking increases premiums, so many people opt for non-stacked coverage without understanding the implications.
What happens if the at-fault driver has some insurance, but not enough?
This is when underinsured motorist (UIM) coverage applies. You first collect from the at-fault driver’s policy, then your UIM coverage pays the difference up to your policy limits. For example, if you have $100,000 in damages but the at-fault driver only has $25,000 in coverage, your UIM coverage would pay up to $75,000.
How long does a UM claim take to resolve?
Timeline varies based on injury severity, policy limits, and whether arbitration is necessary. Simple cases may settle in 6-12 months, while complex cases requiring arbitration can take 18-24 months. We work efficiently while ensuring you receive maximum compensation.
Contact Our Boynton Uninsured Motorist Attorneys
If you are involved in an accident with an uninsured motorist in Boynton Beach, don’t assume you have no options for recovery. Our attorneys are skilled at finding hidden insurance policies that may cover your damages, including policies held by the at-fault driver’s employer, uninsured motorist coverage on your own policy, and liability of bars or restaurants that served alcohol to the driver.
Our firm is conveniently located in Boynton Beach at 1501 Corporate Drive, Suite 100 #A20, Boynton Beach, Florida 33426, making it easy for you to set up a consultation with us. We offer free case evaluations and work on a contingency fee basis, so you pay nothing unless we recover compensation for you.
Don’t let an uninsured driver leave you without compensation. Contact us today to explore all available options for recovering the damages you deserve.
Get Maximum Compensation for Your UM Claim
Expert attorneys finding hidden policies and maximizing recovery.