Got UM? Get It Now
SW Fla. Accident Lawyer Warns Florida Motorists About Uninsured Motorists
As a highly-experienced Fort Myers injury attorney handling serious auto accident claims throughout Southwest, I know there has been an increase in uninsured and under-insured motorists on Florida’s roads as the result on increasing unemployment and the poor economy.
In Florida, according to the insurance industry, there are as many as an estimated 30% uninsured and underinsured drivers among our motorists. This is a staggering figure. Think about it: almost one in every three (1/3) cars on the road has no bodily injury (liability) insurance coverage, or have very minimal coverage.
Unisured vs. Underinsured
An uninsured driver carries no auto insurance at all, while underinsured motorists carry the minimum required collision damage and no bodily injury liability insurance.
The bottom line: a high number of today’s motorists are uninsured or underinsured. I cannot tell you how many times, after reviewing, evaluating and handling thousands of accident cases, seriously injured people — good, decent, hardworking people who have suffered permanent injury in a car accident, motorcycle accident, truck accident, or other traffic crash — had little, if any, available remedy or recourse because the negligent driver was uninsured, and more often, under-insured (carrying minimum bodily injury liability limits of $10,000 or $20,000). PROTECT YOURSELF!
Getting UM Coverage to Protect Your Family
If you have plenty of UM insurance coverage, then being the victim of an uninsured motorist or under-insured motorist will not ruin you financially. Why? Because UM coverage through your own insurance company protects you — UM stands in the shoes of the negligent driver and pays you the money compensation the at-fault driver doesn’t have.
Uninsured Motorist Insurance Tips
1. Get UM coverage now.
2. Go to your insurance agent or broker today, tomorrow — soon — and DEMAND — don’t ask — DEMAND — uninsured motorist insurance coverage in minimum amount of $100,000 (and I recommend more — a minimum of $250,000 in my view).
3. Make sure your UM is STACKED. Don’t let the insurance agent or broker weasel you out of this if you have 2 or more vehicles.
4. Stacked UM coverage means that your available UM coverage is multiplied by the number of covered vehicles ($ UM coverage amount X # of cars = $ total available coverage).
5. For example, if you purchase $100,000 in UM coverage (which means if you’re injured by an uninsured driver or under-insured driver, your own insurance company will pay you up to $100,000 for your injuries), and you have 2 covered vehicles, and you stacked your UM, then your UM coverage is doubled. In other words, you now have $200,000 coverage for that same serious auto accident caused by an uninsured driver.
Why You Want and Need this Important Coverage
Because I have worn the hat of a Fort Myers injury lawyer, I know that even if a negligent motorist has liability insurance, far too often it is a minimal amount. In other words, the other driver is “under-insured.” This occurs when a person who caused an auto accident has minimal insurance limits, often not high enough to fully compensate for the losses they caused to another motorist or motorcyclist.
Typical insurance coverage provides for only $10,000 in losses. Medical costs for a serious auto accident or injured motorcyclist who is involved in a Florida motorcycle accident can be very high — exceeding $50,000 or even $100,000.
Have More Questions? Seriously Injured and Confused on What to Do Next? Call Me!
As an lawyer, I work to bring my clients the best and fairest settlements possible in a timely and efficient manner. I handle only valid personal injury and accident claims involving permanent injury, which limits my caseload, so I can provide each client with personal attention and service.
Call an experienced Fort Myers personal injury attorney at my law firm today to serve you.
Uninsured Motorist (UM) Claims
What happens if I am hit by an uninsured or underinsured motorist?
Uninsured or underinsured motorist coverage (UM) is insurance coverage that you purchase for yourself in the event of an automobile accident where the at-fault driver either has no insurance or not enough insurance. It is elective, not mandatory, auto insurance. Because it is elective and don’t understand it, unfortunately, many people waive this coverage. Waiving UM or failing to “stack” your UM coverage is a big, big mistake.
Many drivers in Florida do not have any auto insurance at all. Others purchase the absolute minimum coverage to stay “legal” per Florida laws – only to find out after an automobile accident that they do not have bodily injury liability coverage (BI).
Although Florida law states that a driver may have his or her driver’s license suspended if they cannot cover damages exceeding $10,000.00 after an accident, I recommend that you purchase UM coverage of your own. Without your own UM coverage, you might be left without any way to obtain payment for the medical expenses, physical injuries, pain and suffering, lost wages, loss of earning capacity, and inconvenience that you have suffered.
If you or someone you know has been injured by an uninsured or underinsured motorist in a car accident and needs a lawyer, contact a car accident attorney at the Harris Law Firm, P.A. serving Cape Coral, Fort Myers, LaBelle, Lehigh Acres, Naples, Port Charlotte, Punta Gorda, and the rest of Southwest Florida.
Uninsured Motorist Accident Lawsuits
UM cases are more complex than a liability case against the at-fault driver. In a UM case, your uninsured motorist carrier will stand in the shoes of the negligent driver at trial. In these accident cases, our Southwest Florida firm will file a lawsuit on your behalf against your own insurance company when they fail to pay you the UM benefits that you are due.
Many times, your insurance company will assert that they have not denied your claim but, instead, do not value the claim in the same manner that we do. Your insurance company has a duty to act fairly and honestly while settling your claim; we may pursue your rights with a Civil Remedy Notice of Insurer Violation with the Florida Department of Financial Services.
In certain cases, the Department of Financial Services may fine or punish the insurance company for denying your claim. After the filing of the Civil Remedy Notice of Insurer Violation, your insurance company has 60 days to pay your claim.
Uninsured Motorist Claims after a Car Accident: Contact an Accident Attorney
If you are having difficulty resolving insurance claims after being hit by an uninsured driver, contact a car accident lawyer at the Harris Law Firm, P.A. to assert and protect your rights.
Florida Auto Insurance Explained
Because I am often asked what kind of auto insurance coverage exists, I outline here the basics, including bodily injury coverage, PIP, UM, and med pay.
Florida law does not require you to buy any insurance except PIP and PDL, but other insurance products can offer increased protection. In fact, to protect their interest in your vehicle, your lender can require you to carry comprehensive and collision coverage until your loan is paid off. The most common types of additional insurance include:
Bodily Injury Liability
This coverage pays for death or serious and permanent injury to others when you are legally liable for an accident involving your automobile. Your insurance company will pay for injuries up to the limits of your policy and provide legal representation if you get sued. Your policy may also cover others who drive your automobile with your permission, and it may cover you or others named in the policy if operating someone else’s vehicle.
Collision
This coverage pays for repair or replacement of your vehicle if it collides with another vehicle, flips over or crashes into an object, regardless of who causes the accident. It does not cover injuries to people or damage to property other than your covered automobile.
Comprehensive
This coverage pays for losses from incidents other than a collision, such as fire, theft, windstorm, vandalism or flood. It also covers damages caused by falling objects or hitting an animal.
Your insurance company will not charge you a deductible for windshield replacement under comprehensive coverage. Florida law requires this waiver to encourage drivers to replace cracked or broken windshields immediately to avoid a major driving hazard.
Uninsured Motorist | Underinsured Motorist | UM
This coverage pays for bodily injuries to you, your family members and any other person occupying your covered automobile, should they be caused by the negligence of an uninsured or underinsured motorist. The following are examples in which UM coverage may apply:
- If the at-fault party has no liability insurance
- If the at-fault party has inadequate liability coverage or
- If injuries result from a hit-and-run vehicle
UM pays for medical expenses and lost wages (after your PIP coverage is exhausted) that you and your passengers may incur. This coverage also includes payment for pain and suffering if you have a permanent injury or death. Uninsured motorist insurance comes in stackable and nonstackable coverage. Companies must offer stackable coverage, but may or may not offer a nonstackable option.
Stackable UM
Stackable coverage means that you may combine the coverage limits for each automobile insured under your policy. For example, you may insure three autos and obtain stackable coverage with limits of $10,000 per person and $20,000 per accident for each auto (known as 10/20 limits).
Your stackable, or combined, coverage will total $30,000 per person and $60,000 per accident (see example). If these policies were nonstackable, then the limit of coverage for each vehicle would be $10,000 per person and $20,000 per accident. Insurance companies may offer nonstackable coverage at a reduced cost, since they will only pay the maximum amount allowed for one insured automobile.
Example:
Three automobiles insured with stackable coverage:
$10,000 x 3 = $30,000 per person
$20,000 x 3 = $60,000 per accident
Medical Payments | MedPay
This coverage pays for medical expenses for accidental injury up to the limit of your policy. It covers your medical expenses, plus those of your family members or passengers, regardless of fault (unlike bodily injury liability insurance). It applies whether you are in your automobile or someone else’s, or if you are hit by an automobile while walking or bicycling.
Since PIP covers only 80 percent of medical expenses, medical payments insurance could cover the remaining 20 percent, and possibly the PIP deductible, depending on the policy provisions. Medical payments will also cover the amount in excess of the PIP limit, up to the limit specified in the policy.
In the event of a auto accident injury settlement, however, MedPay may have to be paid back whatever it paid on your behalf.
Towing
You may add towing and road service to your auto insurance. But your insurance company may cancel your policy for too many towing claims, even if you have no accidents.
Rental Reimbursement
You may receive reimbursement for auto rental up to a specified limit, which is contained in your policy. It applies if you get into an accident with your own automobile and can no longer drive it.
If another driver causes an accident, the at fault party’s liability coverage may reimburse you for renting a vehicle similar to your own. However, the other party’s insurance company might have a maximum amount per day that it will pay. In most cases you must buy collision coverage before you can buy rental reimbursement.
Contact Us If You Have Been in an Auto Accident
If you have been injured in an auto accident, motorcycle accident, or trucking accident, then contact an experienced personal injury lawyer at the Harris Law Firm, P.A. today to review your circumstances.
