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What Happens if Someone Hits You and Doesn't Have Insurance?
September 4, 2023

Accidents can happen in the blink of an eye. One moment you're driving along a familiar road in Bradenton, and the next, you're involved in a collision. To make matters worse, you discover that the person who hit you doesn't have auto insurance. Such a scenario can leave many drivers feeling frustrated and worried about how to cover the costs of repairs and potential medical expenses. In this blog, we'll answer the question, "what happens if someone hits you and doesn't have insurance?"

What Happens if Someone Hits You and Doesn't Have Insurance?

What Happens if Someone Hits You and Doesn't Have Insurance?

Being involved in a car accident is already stressful, but what if the other driver doesn't have insurance? You may wonder about your options and how you will be compensated for your damages.

Florida's No-Fault System

First, it's essential to understand that Florida operates under a no-fault insurance system. This means that regardless of who's at fault in an accident, each driver's insurance pays for their injuries up to their policy's limits. Every Florida driver must carry a minimum of $10,000 in Personal Injury Protection (PIP) coverage.

However, PIP may not always cover all the costs, especially if injuries are severe or significant damage to your vehicle.

Uninsured Motorist Coverage

One of the best precautions you can take as a Florida driver is to have Uninsured Motorist (UM) coverage. This type of coverage is designed to protect you when the at-fault driver has no insurance or insufficient insurance to cover your damages. If you have UM coverage, your insurance company will compensate for injuries and damages up to your policy limits.

Steps to Take After an Accident with an Uninsured Driver

In the event of an accident with an uninsured driver, it's important to know the necessary steps to protect yourself and ensure that you receive the compensation you deserve.

Contact the Police

Always report an accident to the authorities, even if the damages seem minor. The police report will be vital for any subsequent claims or legal actions.

Exchange Information

Make sure to gather the other driver's details, including their name, contact information, and any other relevant information.

Document the scene

Take photos of the accident scene, the damages to your vehicle, and any injuries you may have sustained.

Seek Medical Attention

It's essential to get checked by a medical professional after an accident, even if you feel fine. Some injuries may not manifest immediately.

Contact Your Insurance Company

Notify your insurance company about the accident. If you have UM coverage, they will guide you through the claims process.

Consult a Personal Injury Attorney

Contact a personal injury lawyer to ensure your rights are protected, especially if you're facing significant medical bills or damages. An experienced car accident attorney can help ensure you get the compensation you deserve.

How Can a Bradenton Car Accident Lawyer Help?

Car accidents can be a traumatic and complicated experience, and dealing with the aftermath can be even more challenging. Many accident victims wonder whether they should consult with a car accident lawyer. Here's how a car accident lawyer can assist you after an unfortunate incident:

Understanding of the Law

An experienced car accident attorney knows the intricacies of traffic laws, local regulations, and legal processes. They can interpret how these laws apply to your unique situation.


Lawyers often have a team or resources to thoroughly investigate the accident. This can include examining the crash site, reviewing police reports, talking to witnesses, and even reconstructing the accident scene.

Estimation of Damages

While you may be aware of immediate damages like medical bills or repair costs, an attorney can identify less obvious damages such as future medical costs, pain and suffering, loss of companionship, and lost earning capacity.

Negotiating with Insurance Companies

Insurance companies often aim to minimize their payouts. A car accident attorney can negotiate, ensuring you receive a fair settlement that covers your injuries and damages.

Representation in Court

If your case doesn't settle, it may proceed to court. A car accident lawyer will represent you, ensuring that all evidence is presented correctly and arguing on your behalf.

Expert Testimonies

Lawyers often have a network of experts they can call upon, such as medical professionals, accident reconstructionists, and economic experts, to provide testimonies that strengthen your case.

Paperwork and Legal Formalities

The legal aftermath of a car accident involves a lot of paperwork, deadlines, and procedures. Missing a deadline or failing to fill out a form properly can jeopardize your claim. An attorney handles all these details on your behalf.

Contingency Fee Basis

Most car accident lawyers work on a contingency fee basis, meaning they only get paid if you receive a settlement. This arrangement ensures that your attorney is motivated to secure the best possible outcome for you.

Saving Time

Engaging a lawyer means you don't have to spend your time navigating the legal system, allowing you to focus on your recovery.

Prevention of Mistakes

The complexity of personal injury law means it's easy to make errors if you're unfamiliar with the process. An attorney can guide you, ensuring you don't make mistakes that could harm your case.

Future Implications

Some legal decisions made today can impact your future. An attorney will consider the long-term effects of these decisions, ensuring your future is safeguarded.

Can You File a Lawsuit Against the Uninsured Driver?

Yes, you can file a lawsuit against an uninsured driver if they were at fault in the accident. When you're involved in an accident and the at-fault driver lacks insurance or their insurance is insufficient to cover the damages, pursuing a lawsuit might be necessary to recover your losses. Here's what you should know:

Potential Challenges

While you have the right to sue an uninsured driver, collecting the judgment can be challenging. If the driver lacked insurance because of financial issues, they might not have the assets to pay the judgment, even if you win the lawsuit.

Proving Fault is Crucial

To win a lawsuit against the uninsured driver, you'll need to prove they were at fault. This could involve providing evidence such as eyewitness testimonies, police reports, photos from the accident scene, and expert testimonies if necessary.

Legal Processes

Filing a lawsuit involves navigating a series of legal processes that can be intricate. This includes filing the correct paperwork, adhering to deadlines, presenting evidence, and attending court hearings. An experienced car accident attorney can be invaluable in guiding you through this.

Potential for Settlement

Many personal injury lawsuits are settled outside of court. This means the uninsured driver or their legal representation might offer a sum of money in exchange for you dropping the lawsuit. While this can speed up the recovery of some costs, it's crucial to consult with an attorney to ensure the settlement offer is fair.

State Laws May Vary

The ability to sue, the process, and the potential outcomes might differ based on your state's laws. Some states have "no-fault" insurance systems that may limit the ability to sue unless certain thresholds of injury or damage are met.

Alternative Compensation Sources

If suing the uninsured driver proves challenging or unfruitful, you might have other avenues for compensation. For instance, if you have uninsured/underinsured motorist coverage (UM/UIM) as part of your auto insurance policy, it can help cover expenses that the at-fault driver's insurance (or lack thereof) doesn't cover.

Time Limitations

Every state has a statute of limitations that dictates how long you have to file a lawsuit after an accident. It's essential to be aware of these timeframes and act within them.

Seek Justice, Secure Your Rights

If you've been involved in an accident with an uninsured driver, you don't have to navigate the complexities of the legal system alone. At Heintz Law Firm, we are dedicated to ensuring you receive the compensation and justice you deserve. Don't let another driver's negligence weigh you down. Take the first step towards a secure future by reaching out to our experienced team today. Let's work together to make things right. Contact Heintz Law Firm today.


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Bradenton, FL 34205

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Sarasota, FL 34237

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