Injury Lawyers Representing Clients in Spring Hill
Many motorists on Florida’s roads and highways drive without insurance. When they are involved in a crash, victims may have a battle with insurance companies to get the appropriate compensation for their injuries. The uninsured motorist accident attorneys at Holliday Karatinos Law Firm, PLLC can aggressively assert your right to damages if you were hurt by an uninsured motorist in the Spring Hill area. Our lawyers have helped numerous car wreck victims pursue their claims against negligent drivers and stand up for their right to compensation from an accident with an uninsured motorist from insurance companies. We can provide the advocacy you need to get the recovery you deserve.
Florida requires all motorists to obtain a minimum amount of insurance, but many drivers are underinsured or drive without any insurance coverage. According to a 2011 USA Today article, one in seven drivers in the U.S. is uninsured. Data from the Florida Highway Safety and Motor Vehicles reported more than 503,000 financial responsibility suspensions in 2011-12. This means that more than half a million drivers were issued suspensions for driving without the required insurance or without any insurance.
Florida Auto Insurance Laws
Every motorist in Florida must have personal injury protection (PIP) insurance coverage in the event of an accident. PIP protects individuals who were injured in a crash, including the driver, passengers, and anyone outside of the vehicle, such as a pedestrian or bicyclist. The minimum amount of PIP coverage is $10,000 for medical and disability benefits, or $5,000 in the case of death. Benefits are paid to the victim regardless of who was at fault. If you were involved in a crash, your own insurance company will cover 80 percent of your reasonable medical bills and 60 percent of your lost wages, up to the amount of PIP coverage you have. Be aware that Florida drivers with certain previous traffic infractions, including DUIs, are required to have higher insurance coverage.
Florida does not require drivers to obtain uninsured motorist coverage. Uninsured motorist coverage protects a motorist involved in a serious accident up to the maximum amount allowed under his or her policy. Many Florida motorists drive without the required insurance or lack the insurance coverage to cover the costs of injuries caused by uninsured drivers.
Uninsured Motorist Accidents Liability and Compensation
If you were involved in an uninsured motorist crash, you can file a personal injury claim against the driver who caused your injuries. Even if the driver was uninsured, there are avenues you can pursue to get recovery for your injuries, but the first step is to establish the driver’s liability.
To prove the driver’s liability, you often must show that he or she was negligent. Negligence requires that you prove:
- Duty of care (equal to a reasonably prudent driver under similar circumstances);
- Breach of the duty;
- Causation (the breach resulted in your injuries); and
- Damages (actual costs incurred for your injuries).
Once you prove the defendant’s negligence, you can seek compensation from your own insurer if you have uninsured motorist coverage. If you do not, you still may be able to get damages from the at-fault driver’s assets or other insurance policies. Speaking with a knowledgeable Florida car accident attorney will help you understand your rights and determine the possible avenues of recovery.
If you can establish liability, you may be able to recover damages for your present and future medical expenses, lost wages, loss of earning capacity, and property damage. You may also initiate a wrongful death action if you lost a relative in an uninsured motorist crash. You can potentially recover for the costs of your loved one’s medical care and funeral, lost wages, and loss of companionship.
When an underinsured motorist causes a crash, the victim may face challenges to their right to compensation. At Holliday Karatinos Law Firm, PLLC, our Spring Hill underinsured motorist accident lawyers offer seasoned and tenacious representation to car crash victims. Our attorneys bring over five decades of combined legal experience to help you fight for the recovery you deserve. We can provide the guidance and counseling you need if an underinsured motorist caused your injuries.
All motorists in Florida are required to have insurance coverage in case they are involved in a crash. Under Florida’s motor vehicle no-fault law, drivers must have a minimum amount of personal injury protection ($10,000) and property damage liability insurance ($10,000) to cover any injuries or damage in a crash. The coverage provides compensation to a victim irrespective of fault.
Although the state does not require bodily insurance coverage of all drivers, certain motorists must obtain this coverage. Florida drivers who were previously involved in a crash or convicted of certain offenses must have bodily injury coverage in the amounts of $10,000 for bodily injury or death, $20,000 bodily injury liability for two or more persons in a single crash, and $10,000 in property damage. If a person was convicted of DUI, the amounts rise to $100,000 for bodily injuries, $300,000 for two or more persons per crash, and $50,000 in property damage.
Despite these laws, many Florida motorists get behind the wheel either with no insurance or with simply the bare minimum required by law. If they are involved in a crash, these amounts may not cover the costs associated with the physical injuries and other damage suffered by accident victims.
Liability for an Underinsured Motorist Accidents
You can pursue a personal injury claim against the driver who caused your car accident injuries. If a motorist is underinsured, you may be able to get damages from the driver’s assets or other insurance policies, your own insurer, or possibly other parties. You must establish the driver’s liability to recover damages for your injuries.
Many car wrecks are caused by a driver’s negligence. Florida requires that motorists exercise care when they drive. A driver may breach this duty of care through actions such as speeding or distracted driving. The victim also must show that the motorist’s breach caused injuries and related damages.
If a driver is intoxicated and causes a DUI accident, the victim may use negligence per se. This occurs when someone breaks a law that creates a duty to take certain precautions to protect a particular type of person. A motorist convicted of a DUI who also causes a crash can be held liable under the rule of negligence per se.
In some motor vehicle accident cases, the motorist is not the owner of the vehicle. If the at-fault driver does not own the vehicle but drove with the owner’s permission, you may be able to recover damages from the owner in addition to the driver and your own insurer.
Damages and Compensation
Uninsured car crash victims can get damages for their serious injuries. You may be able to seek compensation for your current and future medical bills, lost wages, loss of earning capacity, and more. Relatives of a victim who died in a crash may file a wrongful death suit and potentially recover for the deceased’s medical expenses, funeral and burial bills, and other damages based on their relationship to the victim.
Experienced Legal Counseling and Advocacy in North Tampa
Holliday Karatinos Law Firm, PLLC offers experienced legal representation to victims of underinsured motorist accidents in Florida. Our North Tampa car crash attorneys have represented victims and their families in countless complex vehicle accident cases. Our lawyers can review the facts of your case and assess your rights. We provide our clients with the aggressive advocacy they need to obtain fair compensation from negligent parties and the insurers responsible for serious car accident injuries. We provide our service to clients in New Tampa, Lutz, and the surrounding areas. Please call us today at (866) 597-0009 or complete our online form to schedule a confidential consultation at no cost to you.
Legal Representation for Auto Accident Victims
The North Tampa auto accident lawyers at Holliday Karatinos Law Firm, PLLC offer seasoned legal advocacy to car crash victims. Our attorneys are well-versed in the complex Florida motor vehicle and insurance laws. We can assess your case and determine the legal options available to you. If we proceed with your case, you can depend on our personalized client service and determined representation. We serve clients throughout Hillsborough, Pasco, and Citrus Counties. Call us at (866) 597-0009 or contact us online for a free and confidential consultation.