One way to get additional money for compensation on top of the insurance monies for the other driver who does not have enough insurance following a car accident is by making an UNDERinsured motorist claim. Underinsured motorist coverage in Florida pays you money when the at fault driver does not have enough insurance to pay for your injuries. Generally, you own uninsured/underinsured motorist coverage applies to you when you are in your own car or an other car, plus if there is uninsured/underinsured motorist coverage in the car that you were driving or a passenger in, then that insurance generally will apply to you as well, in Florida. It is advisable to get this sort of coverage in your car, if you can afford it and to have the highest possible limits that you can afford, as there are many drivers in Florida that do not carry bodily injury coverage (then your uninsured motorist coverage protects you) or that do not carry enough bodily injury coverage (then your underinsured motorist coverage will protect you). You may always have a claim against the person that does not have any insurance or that does not have enough insurance, but in most instances if someone does not have any insurance or even enough insurance, it may not be worth it from a cost benefit perspective to make a claim against them (but of course this would be on a case by case basis and certain things like asset searches and so forth would let us know generally whether the at fault person is worth making a personal claim against, over and above their insurance).
Please call for a free consultation. Drucker Law Offices has offices in Boca Raton (principal office), Coral Springs, Miami, Boynton Beach and West Palm Beach. The phone numbers are 561-483-9199 in Palm Beach County or 954-755-2120 in Broward County or 305-981-1561 in Miami-Dade County.
Of course, every case is unique and has to be judged based on the specific facts of the case. The advice in this blog is intended to be general in nature and should not to be construed as specific advice for a case, as a slight difference in the facts could ultimately change the result. Also, this blog is, as the web site suggests, based on Florida law and the laws of any other states or another country could vary significantly from Florida.
