Suing An Uninsured Motorist

Suing an uninsured motorist is something that requires professional legal counsel because the process can get a bit tricky. Accidents caused by uninsured motorists happen more often than you may realize in Florida. Make no mistake; Florida has very tough laws about driving without insurance, but a lot of people still do it anyway. In fact, Florida has one of the highest uninsured motorist accident rates in the US.

You might also be surprised to learn that otherwise law-abiding citizens may experience a lapse in their coverage and not be covered at the time of their accident. Some of them may not even have known that their coverage was canceled. We're not trying to foster sympathy for uninsured drivers as it is their legal and moral responsibility to know the status of their insurance if they are driving. We are just stating how often we work for clients who are suing an uninsured motorist in Florida. But without liability insurance, who will pay for the damage caused by the accident?

What Happens to Uninsured Motorists in Florida?

If you experience damages in the form of injuries to you or your passengers and or your vehicle at the hands of an uninsured driver, then that person is subject to both civil and criminal liability. Such persons can be fined, jailed, and have their licenses revoked. Fortunately, there is a way to go about suing an uninsured motorist in the Sunshine State.

Suing an Uninsured Motorist in Florida

Since Florida is a no-fault state, the insurance company of the at-fault driver will pay as much as 80% of the costs associated with damages that result from the accident. When the person is uninsured, the only thing to do is to sue. In the state of Florida, the uninsured motorist has no protection from a tort case whereby they are named as the defendant. The only issue that you may run into is that the uninsured person might not have the money to pay for the damages you are seeking. In such instances, a payment plan will be arranged by the court that is manageable for the uninsured driver and doesn't place a financial hardship upon them.

In the state of Florida, the uninsured driver who will become the defendant in your claim will be considered a "debtor." This is good for the plaintiff because it means that there is recourse if the uninsured person fails to make good on their debt to you. If they do not comply with the court order to pay for the damages they caused in an automobile accident, we can still collect. Here are the remedies that exist for us:

1. We can ask the court to place a wage garnishment on the defendant's paycheck. However, this assumes that they are and will remain gainfully employed.

2. We can ask the court to place a lien on the defendant's non-homestead real estate.

3. We can ask the court to seize the defendant's property with a levy.

4. We can ask that the court seize or garnish the defendant's primary bank account. However, we will need to know which bank they use.

 

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Lowercase Law Firm
(833) 569-3335
3250 NE 1st Ave, Miami, FL 33137

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