What Happens if an Uninsured Driver Injures Me in a Car Accident? Southwest Florida Car Accident Lawyers, GTS, Explain

Jason B. Goldman • Dec 17, 2021
What Happens if an Uninsured Driver Injures Me in a Car Accident? Southwest Florida Car Accident Lawyers, GTS, Explain

Florida drivers have earned the dubious distinction of having one of the highest uninsured motorist rates in the entire country.  This is due, in large part, to our state legislature’s unwillingness to require Florida drivers to carry a type of coverage called bodily injury liability. If you are injured in an accident by an uninsured or underinsured driver, there are still financial recovery options available to you.  It’s crucial to speak with an experienced Port Charlotte car accident lawyer about these options.

Required Automobile Insurance Coverages in Florida

For a car to be registered in Florida, its owner must provide proof of only $10,000 in property damage liability (this coverage pays only for property damage caused to another person’s vehicle) and $10,000 in personal injury protection (PIP) (this coverage only pays medical expenses for the driver of the automobile). These are the only two coverages required to legally drive in Florida.  Noticeably missing is bodily injury liability coverage, which compensates other drivers if they are injured in an accident caused by the vehicle’s owner.  Florida’s legislature does not require Florida drivers to purchase bodily injury liability coverage, which compensates those injured in a car accident. 

Because Florida does not require its drivers to carry even a minimal level of bodily injury liability coverage, it is imperative for you to carry a coverage called uninsured/underinsured motorist (UM) coverage.  While UM coverage is not mandatory, it is vital to protect you and your family from uninsured drivers.  UM coverage will compensate you for injuries suffered in a car accident caused by an uninsured/underinsured driver.  In order to purchase UM coverage from your auto insurance carrier, it will require you to also purchase bodily injury liability coverage.  Your insurance carrier will not permit you to purchase a higher level of UM coverage than bodily injury liability coverage.  You must at least protect the public as much from your negligence, as you are protecting yourself from the public’s negligence against you.

Recovery Options

When a driver who injures you does not have car insurance (or does not have enough insurance to fairly compensate you for your injuries), you have options for financial recovery. While you have options, not all options are created equal. 

One option is attempting to receive compensation directly from the uninsured driver.  Your lawyer could bring your case to trial and obtain a judgment against the at fault driver.  However, a judgment is just a sheet of paper which states the at fault driver owes you the amount of money awarded by a jury.  While you have this judgment stating this money is owed to you, it is up to you to try and find assets from the at fault driver to pay towards your judgment.  Oftentimes, uninsured drivers are uninsured because they can’t afford adequate automobile insurance.  If they can’t afford car insurance, the odds of them having substantial, available assets to pay towards your judgment are nil to none.  While holding a judgment against someone allows you to try and garnish wages, lien non-homestead property, seize personal property, etc,. in many instances the at fault party doesn’t have any substantial assets to seize or garnish.  In these situations, if you do not have UM coverage to protect you and the at fault party is uninsured and what we call “judgment proof”, you may not be able to achieve any compensation at all for your injuries.  This happens constantly in Florida, because our legislature does not require Florida drivers to carry either bodily injury liability or uninsured motorist coverage.

You and your family are best served by carrying adequate UM coverage. If you are injured by an uninsured or underinsured driver, you can instead obtain financial compensation for your injuries directly from your own insurance company’s UM coverage.  In essence, this coverage steps into the shoes of being the insurance carrier for the at fault, uninsured party.  A UM insurance adjuster will be assigned, and that adjuster will work to resolve your claim for the lowest amount they possibly can.  When we represent you in a UM claim against your own insurance carrier, we will not allow your claim to be resolved at the whim of your insurance adjuster.  Our Southwest Florida injury lawyers can help you if you’ve been seriously injured in a crash.

Our Port Charlotte, Punta Gorda, and Englewood Car Accident Lawyers Protect You and Your Family!

If you or a loved one were seriously injured or killed in a Florida car accident, our experienced Southwest Florida car accident lawyers at Goldman, Tiseo, and Sturges, P.A. can fight to ensure you receive the compensation you and your family deserve.  We will not allow at fault drivers and their insurance carriers to take advantage of you or treat you unfairly.  Our only job is to protect you and your family from the devastating consequences of a serious automobile accident.  Learn how we can help you during a FREE consultation by calling (941) 625-6666 or by sending us a message through our contact us box available on our website here.

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Understanding the Process Behind Police Investigations in Fatal Car Accidents in Charlotte County

By Jason B. Goldman • 07 Apr, 2024
Navigating the immediate aftermath of a fatal car accident is a challenging experience for those involved. At Goldman, Tiseo and Sturges (GTS) Law Firm, our heart goes out to every individual and family affected by such tragic events. We believe in providing our community with the knowledge and legal guidance they need to navigate these difficult times. One crucial aspect that families often find themselves needing to understand is how police investigations of fatal car accidents work, especially here in the Charlotte County area, including Port Charlotte, Punta Gorda, Englewood, and North Port. Police investigations serve a critical role in determining the circumstances surrounding any car accident. In the unfortunate event of a fatal collision, these investigations become even more paramount. They seek to uncover the sequence of events leading to the accident, identify any possible violations of traffic law, and understand the contributing factors, such as speed, intoxication, or distracted driving. The process typically follows several key steps: Immediate Response: Law enforcement officers are dispatched to the scene as soon as a fatal car accident is reported. Their primary focus is to secure the area, provide necessary aid, and ensure safety for all involved and the general public. Evidence Collection: Officers meticulously document the scene. This can include taking photographs, measuring skid marks, and collecting any physical evidence from the site. Eyewitness statements are also gathered at this time. Analysis: The collected evidence is analyzed to piece together the moments before the crash. Specialized units, such as forensic teams or accident reconstruction experts, may be brought in to assist with this part of the investigation.  Reporting: A detailed report is compiled, summarizing the findings of the investigation. This report can play a crucial role in any legal proceedings that may follow, as it often contains the investigation's conclusions about fault and contributing factors. At GTS Law Firm, our seasoned attorneys, backed by AV-rating from Martindale Hubbell, deeply understand the local laws and nuances of navigating such complex investigations. We're committed to providing compassionate, personalized legal representation to help our clients find justice and closure. If you or a loved one has been affected by a fatal car accident, we encourage you to reach out for a free consultation. Let our hometown attorneys with national recognition guide you through these challenging times with the expertise and care you deserve. For more information or to schedule a consultation, visit our website at gtslawfirm.com or contact us at (941) 625-6666.

Assessing the Risk of Car Accidents in Charlotte County: Stay Informed with GTS Law Firm

By Jason B. Goldman • 07 Apr, 2024
At the Goldman, Tiseo & Sturges Law Firm, we often encounter clients who ask, "What are the chances I'll be involved in a car accident here in Charlotte County?" It's a question that's on the minds of many of our community members as they navigate the roadways of Port Charlotte, Punta Gorda, Englewood, and North Port. While there's no crystal ball to predict everyone’s likelihood of experiencing a car accident, several factors can affect these odds, including regional traffic conditions, seasonal population increases, and local infrastructure. As your hometown legal team deeply rooted in Charlotte County, we understand these dynamics firsthand and are well-versed in the patterns and trends that can impact driving safety in our area. Statistics from traffic authorities offer insights into accident rates, which can vary from year to year. Factors such as distracted driving, road construction, and weather conditions all play a role in the number of collisions on our roads. But numbers only tell part of the story. At GTS Law Firm, we know that behind every statistic is a person – a neighbor, a friend, a family member. That's why we stress the importance of cautious and attentive driving every time you get behind the wheel. We also emphasize the value of being informed and prepared. Knowing local traffic laws, understanding your vehicle's safety features, and staying aware of common hazards can all decrease the likelihood of finding yourself in a collision. However, should you unfortunately find yourself involved in a car accident, rest assured that GTS Law Firm is here to help. Our experienced attorneys provide premier legal guidance with a personal touch, reflecting our deep commitment to the welfare of our clients and community. Our firm is the only multi-member law firm in our area where every attorney is AV-rated by Martindale Hubbell, signifying a dedication to excellence in service and legal expertise. If you've been in a car accident, or if you want to be proactive in understanding your rights on the road, reach out to GTS Law Firm for a free consultation. Our legal team is standing by to provide you with the personalized attention and representation you deserve. Let our hometown attorneys with nationwide recognition be your advocates, whether you're seeking to navigate the legal aftermath of an accident or simply looking to arm yourself with knowledge to prevent one. For proactive protection or dedicated representation, contact us at (941) 625-6666 or visit our website at gtslawfirm.com

Essential Tips for Preventing Road Fatigue in Southwest Florida

By Jason B. Goldman • 19 Mar, 2024
Fatigue can contribute to serious car accidents, affecting drivers in Southwest Florida and beyond. Whether undertaking long-distance journeys or daily commutes, drivers must prioritize safety by addressing road fatigue. This blog post aims to provide essential tips for reducing fatigue on the road, helping to enhance driver safety specifically in Southwest Florida. In the event of a car accident caused by driver fatigue, it is crucial to reach out to a trusted car accident lawyer serving Southwest Florida, such as GTS Law Firm. Prioritize Adequate Rest before Your Drive: Ensure you receive a minimum of 7-8 hours of sleep prior to embarking on your journey. Starting a trip without sufficient rest increases the risk of accidents due to drowsiness and exhaustion. Plan Your Departure Time Wisely: Choose a departure time approximately an hour after waking up when your mind is most alert. Avoid engaging in physically demanding tasks before a long drive to minimize fatigue. Maintain Proper Body Posture: Maintain an upright posture while driving and adjust your seat position to prevent leg extension. Additionally, keep your head up and eyes forward to help stave off fatigue. Create a Stimulating Car Environment: Consider adjusting the car's temperature to a slightly cooler setting if needed. Keep the volume up, change radio stations frequently, and avoid soft, slow music to help maintain alertness. Actively engage in driving rather than relying solely on cruise control. Take Regular Breaks: Frequent breaks are crucial for long-distance drives. Allocate 20-minute breaks every three hours to stretch your legs, improve blood circulation, and stay awake. These breaks will help you maintain focus and alertness during the remainder of your journey. Avoid Heavy Meals: Before setting out on the road, refrain from consuming heavy meals that could induce sleepiness. Opt for light meals to maintain energy levels. Making regular stops to eat light meals is preferable to consuming heavy food all at once. Utilize Rest Stops: If fatigue becomes overwhelming and you are unable to complete the journey, it is advisable to stop at rest stops and take a short nap. This is a safer alternative to driving in a fatigued state, reducing the risk of falling asleep behind the wheel. Never Drink and Drive: Alcohol is a leading cause of driver fatigue, as it acts as a depressant and induces drowsiness. It is crucial to avoid alcoholic beverages when driving to ensure maximum safety. Likewise, it is essential to never drive under the influence of alcohol. If you or a loved one is involved in a car accident caused by a fatigued driver in Southwest Florida, you may be entitled to compensation for damages, such as medical bills and lost wages. Seeking the guidance of an experienced car accident lawyer who serves Southwest Florida, like GTS Law Firm, can greatly assist you in securing a successful accident injury claim against the responsible driver and their insurance company. Consult a Trusted Car Accident Lawyer at GTS Law Firm At GTS Law Firm, we understand the complexities of car accident cases in Southwest Florida and are dedicated to advocating for your rights. Our experienced team of car accident lawyers is available to provide guidance and support during these challenging times. To schedule a consultation and seek legal assistance, please visit our official website at https://www.gtslawfirm.com/ or call us at (941) 625-6666.

Safety Measures: Prevent Personal Injuries in Port Charlotte, FL

By Jason B. Goldman • 19 Mar, 2024
Nobody wants to experience a personal injury, especially when it's the result of someone else's negligence. While accidents can still occur, there are proactive steps individuals can take to reduce the risk of sustaining injuries that may lead to personal injury claims. In this blog post, we will delve into some helpful safety measures to prevent personal injuries in Port Charlotte, FL. Role of a Port Charlotte, FL Attorney in Personal Injury Claims In the unfortunate event of an injury, having the assistance of a knowledgeable personal injury attorney in Port Charlotte is crucial. These attorneys can help navigate the complexities of filing a claim, negotiating with insurance companies, and serving as a strong legal advocate. Statistics from the Insurance Research Council indicate that accident victims represented by legal professionals tend to receive settlements 3.5 times higher than those representing themselves. Common Types of Personal Injury Claims There are numerous scenarios that can result in personal injuries in Port Charlotte, FL. Some of the most common types of personal injury claims include: Car and truck accidents Motorcycle accidents Boating accidents Pedestrian accidents Slip and fall injuries (also known as slips, trips, and falls) Dog bites and animal attacks Medical malpractice claims Product liability cases Wrongful death claims While this list is not exhaustive, it does cover some of the frequent situations leading to injuries in Port Charlotte. Preventative Tips to Reduce Personal Injuries While accidents cannot always be avoided, exercising caution and taking proactive measures can help minimize the risk of personal injuries. Here are some valuable tips to consider: Adhere to speed limits and diligently follow traffic laws. Adjust driving habits based on weather conditions. Refrain from driving while fatigued or under the influence of substances. Avoid distractions like texting while driving or walking. Practice caution when crossing the street by looking both ways. Stay vigilant and be mindful of signs and hazards on roadways and in establishments. Child-proof your home to prevent access to dangerous products or chemicals. Exercise caution during inclement weather conditions when outdoors. Read instructions thoroughly before using new products or equipment. While some of these tips may seem like common sense, it's easy to overlook safety precautions in unfamiliar or new situations. Staying aware and treating others as you would like to be treated can help prevent avoidable accidents. Consult an Experienced Personal Injury Attorney in Port Charlotte, FL Despite taking various safety measures, accidents can still happen due to factors beyond our control. In such situations, having a reliable personal injury attorney by your side is essential. Our experienced team at GTS Law Firm is dedicated to serving personal injury victims in Port Charlotte, FL. If you require assistance, please schedule a free consultation by contacting our office at (941) 625-6666
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