Drivers in Florida are required to have car insurance when they register a car, and must maintain that insurance if they are to be behind the wheel. But what happens if your insurance lapses and you get into a car accident?
If the other driver is at fault
If the other driver is at fault and you are in a no-fault state (such as Florida), you are entitled to file a claim for personal injury or property damage against the other driver. However, your ability to recover may be limited.
Drivers are required to have at least $10,000 in their own personal injury protection coverage, and after that $10,000 threshold, any remaining damages can be sought from the other driver’s insurance.
If you do not have auto insurance, you will still be responsible for that initial $10,000. You can then file a claim for any damages on top of that with the other driver’s insurance.
If you are at fault
If you were at fault in the accident and do not have auto insurance, this will cause even bigger problems. You will need to be upfront with the other driver that you do not have insurance, and they will file an uninsured motorist claim against their own insurance policy. That insurer will then likely so you to recover what it had to pay out.
If the insurer does sue you (a process called “subrogation,”) you will have to pay back the money somehow to settle the case. What that looks like depends on your available funds and property. An attorney can guide you through the process.
To learn more about how accident claims proceed fi you’re uninsured, contact an experienced Bradenton, FL personal injury lawyer at Goldman, Babboni, Fernandez & Walsh.