What Should I Do If I’m In An Accident With a Driver Who Has No Insurance?
On occasion, a motorcyclist may be involved in an accident with a car whose driver carries no insurance.Florida’s Financial Responsibility Laws apply to both automobiles and motorcycles but differs significantly when applied to motorcycles. Under Florida’s Financial Responsibility Law, a motorcycle, unlike a car, is not required to be insured before it is registered though motorcyclists are still required to demonstrate financial responsibility. Motorcyclists may do so either by purchasing liability coverage insurance or by obtaining a Financial Responsibility Certificate from the DMV after posting a surety bond with a state-licensed company and depositing cash or securities with the Department of Highway Safety and Motor Vehicles (DHSMV). Although Florida is a “No-Fault” insurance state for cars, motorcyclists need not purchase personal injury protection (PIP) coverage.
Drivers who are uninsured typically cancel their insurance policies after registration or continue driving after allowing their insurance coverage to lapse. With such a high probability of being involved in an accident with an uninsured driver, it is important for motorcyclists to best protect themselves through adequate insurance coverage. However, this is not always possible and seeking recovery from an uninsured, at-fault driver may be necessary.
Can I Recover Losses from an Uninsured Driver?
Motorcyclists who are involved in an accident with a car driver who is both negligent and uninsured can recover damages for those losses incurred. A discussed above, Florida’s financial responsibility requirements differ between cars and motorcycles, the greatest difference being that motorcyclists need not purchase PIP. When a motorcyclist does have PIP, his or her insurance company will help repay those personal injury expenses incurred as a result of the accident to the extent of the policy coverage.
Even if the motorcyclist has a policy for uninsured/underinsured motorists, he or she may still have damages in excess of the amounts covered under his or her policy. As a result, the injured motorist may need to bring a cause of action against the uninsured driver. The results, however, may be difficult as it is possible that the driver does not have the necessary financing to paid any awards.
What Should I do to Recover Losses?
As mentioned above, there is a high probability that at least one party involved in a car crash will not have insurance coverage. Although personal injury insurance coverage provides individuals with a protective safety net, it doesn’t always cover the potentially astronomical medical bills. A severely injured motorcyclist may incur medical bills due to extended hospitalization, rehabilitation, and psychological care. A motorcyclist injured by the negligence of another driver should not bear the burden of these expenses simply because the driver at-fault failed to obey Florida law.
Like with any accident, motorcyclists should seek to obtain evidence to bolster their claim. Important information motorcyclists should obtain includes the following:
- Other driver’s information – This includes information such as the driver’s name, address, and contact information. You should always ask for their insurance information including the provider, policy number, and dates which it remains effective. Motorcyclists do not find out that the party is uninsured without asking.
- Obtain Police and Witness Statements – These are memorialized statements regarding the accident. They can be instrumental in proving fault.
- Other Driver’s Employment Status – This is often overlooked information. If the driver was acting in the scope of his or her employ when he or she caused the accident, liability may extend beyond the driver and to the employer.
- Pictures – These can provide a greater picture and context at the scene of the accident.
Contact a motorcycle accident lawyer in Clearwater for help today
If you have been involved in a motorcycle accident and have been severely injured by an uninsured driver, you have the right to recover from the negligent driver. At the Dolman Law Group in Clearwater, Florida, our motorcycle accident attorneys will thoroughly investigate your case to identify any possible negligence and bring forth any necessary cause of action to ensure you recover the damages to which you are lawfully entitled. Call our office today at 727-451-6900 for a free consultation.
Dolman Law Group
800 North Belcher Road
Clearwater, FL 33756