Orlando, FL asked in Car Accidents and Personal Injury for Florida

Q: I was hit by an uninsured driver. My car is to totalled and I only have liability coverage from my insurance. What other

Options do I have concerning compensation for my vehicle and a personal injury claim. I must add that the vehicle and car insurance was in my husband's name only.

3 Lawyer Answers

David Hughes Harris

  • Personal Injury Lawyer
  • Venice, FL
  • Licensed in Florida

A: If I understand the question, uninsured driver strikes your vehicle and you are injured; however, you also don't have uninsured motorist (UM) coverage.

These circumstances do present a real challenge to compensation.

If the vehicle was owned by someone else, then you can pursue the owner and his/her for damages. You can still file a lawsuit against the driver and owner and pursue him/her/them personally. You be able to obtain a judgment against him/her/them and then execute on the judgment, garnish wages, etc.

There may be other options available, but the only way to know would be a review of the specific facts here. So, try to consult a lawyer and provide all the insurance info and traffic crash report, etc. for a fact-specific evaluation. Best wishes to you.

Charles M. Baron agrees with this answer

Charles M. Baron

  • Personal Injury Lawyer
  • Hollywood, FL
  • Licensed in Florida

A: First, your husband's PIP coverage will pay for your medical bills to a certain extent, assuming your first treatment is within 14 days of the accident. You would simply contact his insurance and say you wish to set up a PIP claim. Secondly, you would look to uninsured motorist ("UM") coverage for liability of the uninsured driver, but it sounds like your husband didn't have it.

So for going after the at-fault uninsured motorist for your pain/suffering, any medical bills not paid by PIP, and auto damage, you (through an attorney or on your own) would make a written demand to that person (and, if he/she was not the owner, then also to the owner) demanding $X in compensation, and determine if the matter can be settled.

Of course, that person may not have that kind of money or have any money at all. In that case, to try to squeeze that person for something, you can file a lawsuit, and if you get a judgment in your favor (which you would get quickly and easily if that person doesn't contest it), you'd be able to get the State Bureau of Motorist Compliance to suspend that person's driver's license for a period of time (3 to 20 years, depending on the circumstances) until such time as that person makes good on the judgment. If the person then has some way of taking care of it (like borrowing $), maybe something would happen.

Jonathan A. Klurfeld

  • Boca Raton, FL
  • Licensed in Florida

A: You could try to sue the other driver personally, but if they have no money or assets to take, you are likely out of luck. You cannot get blood from a stone. That is why carrying UM coverage and adequate coverage is so important. The other problem is you were technically driving uninsured unless his coverage covered also named household family members driving the car and covered. If not elected in his policy, then his insurance may also deny paying out for your accident for the car or injuries now.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.