Tuesday, July 5, 2016

What Are the Insurance Laws in Florida, and What Happens if I Am Hit by Someone Without Insurance?

As a Miami attorney, I am regularly asked by clients whether they need to have insurance and what happens if they are hit by someone without it. To get your insurance questions answered, read these frequently asked questions and their answers:

Who is required to have car insurance in Florida?

Anyone who lives in and owns a car in Florida needs to have insurance. In fact, you are required by law to have at least $10,000 in coverage. People who don’t can receive a ticket or get their license suspended. This is aimed at decreasing the number of people driving without insurance, thereby decreasing the likelihood of you being hit by someone without it.

Do students need to transfer their insurance to Florida?

That depends on how long a student is staying in Florida. If he or she is going to be living here full time and is getting a driver’s license here, then yes, carrying insurance in Florida will be necessary.

Can a car that isn’t driven regularly go without insurance?

Many drivers make a mistake on this one. Snowbirds, or people who only drive their Florida vehicle for a couple of months per year, must still carry insurance on their vehicle. Otherwise, they could be subject to a license suspension.

Whose insurance will pay my medical bills after a crash?

In Florida, you must file a claim with your insurance company regardless of who caused the crash. Your insurance company will pay for your medical bills, lost wages, and other expenses up to a certain point. However, there are situations that will allow you to file a lawsuit against the other driver and insurance company. This is why you need to work with an attorney. When you schedule a consultation with my office, I can discuss the details of your case with you and let you know what your options are (http://ift.tt/1TVR8Ea).

What is personal injury protection insurance?

With personal injury protection (PIP) insurance, vehicle owners are covered under their own policies, even if they were riding in your car or the other driver’s. Children and those without a vehicle would be covered under the policy of the person driving the car. This makes it easier to get medical care quickly and to have it paid for. However, the coverage limits can be too low when considering the total costs associated with the accident, and this is where filing a lawsuit should be explored (http://ift.tt/202ebSj).

What should I do if the person who hit me is uninsured?

You would still file a claim with your own insurance company. The biggest challenge is that if your expenses go beyond the limits of your own policy, it is more difficult to file a lawsuit against someone who is uninsured simply because that person probably does not have the funds to pay for your bills even if the judgment was in your favor. However, there are other avenues you can pursue with the state, such as a judgment being levied against the uninsured driver resulting in a registration suspension of twenty years.

What do I do if my insurance company is refusing to pay for procedures or surgeries that I need as a result of my accident?

Your insurance company should pay for your necessary medical bills. However, each policy has limits, and you may have either reached yours or the insurance company may be viewing the procedure as elective. In any case, scheduling a consultation with my office is a good idea. I can review your case and their denial, then provide you with direction regarding how to best proceed.

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