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Auto Accident Archives | Farah & Farah

Uninsured Drivers Who Cause Car Accidents in Florida

By on January 15, 2017

Although every motorist driving in Florida is legally required to carry insurance, the truth of the matter is that there are many uninsured motorists using Florida’s roadways everyday. In fact, according to the Florida Insurance Council, Florida has among the highest uninsured motorists rates in the United States with an estimated 25 percent of motorists driving illegally without insurance. Additionally, many more drivers have insurance but are “underinsured,” meaning that their liability limits turn out not to be sufficient to cover their bills after an accident. Because uninsured and underinsured drivers are so prevalent, car accident attorneys in Florida have their hands full providing legal representation to car accident victims after an uninsured driver causes a crash. This article outlines the need to know legal basics that apply when an uninsured driver causes a car accident in Florida; however, car accident victims who are struggling to obtain the compensation that they are legally entitled to should consult with a local attorney.

Legally Mandated Car Insurance

In Florida, every driver is legally required to carry personal injury protection (PIP) insurance coverage. The Florida Department of Highway Safety and Motor Vehicles’ website notes that drivers must have full liability coverage that includes minimum limits of bodily injury liability of $10,000 per person, $20,000 per crash, $10,000 property damage liability per crash, and personal injury protection limits of $10,000 per person per crash, as of the time that this article was written. Florida drivers who fail to carry the required PIP insurance can be fined and have their license, vehicle registration, and/or vehicle tag suspended. Despite these potential penalties many drivers fail to obtain Florida’s requisite insurance, either because the driver is from out of state, he or she can’t afford the insurance, or they simply choose not to purchase the insurance because they feel that the risk is worth it.

How to Collect Compensation After Being Hit by an Uninsured Driver

Determining how you will be compensated after being hit by an uninsured driver depends in large part on which state you are in. In the United States there are 12 states that are “no-fault” insurance states while the remaining 38 states are classified as “tort” states. Here we will focus on how compensation is collected in a no-fault state as this is the system that is in place in Florida.

In a no-fault insurance state the default option for receiving compensation after a car accident is to collect payment from your own insurance company, regardless of who was at fault for causing the accident and whether or not the other party is an uninsured motorist. Personal injury protection insurance is typically designed to cover 80 percent of your medical bills and expenses, leaving the remaining 20 percent of your expenses to be covered by the other driver’s insurance. However, if the other driver is either uninsured or underinsured it can be tricky to recover this remaining 20 percent. One option is to sue the uninsured driver, but it may be difficult to collect if the at-fault driver is lacking in assets. However, if the at-fault driver was working at the time of the accident then a court may be willing to hold their employer vicariously liable for the damages that their employee caused. An experienced car accident attorney will be able to assess your case and determine your chances of recovering the compensation that you’re seeking.

How to Protect Yourself Against Uninsured Motorists: Uninsured Motorist Coverage

There are several ways in which you can help protect yourself against uninsured motorists in Florida. The first step you should take is to ensure that your own insurance policy complies with our state’s minimum PIP insurance requirements. The next step is to obtain uninsured motorist (UM) coverage. This special type of insurance protects you, and generally also any relative who lives with you, financially in the event that you or your relative gets into an accident where the other driver is either uninsured or underinsured. For example, if you are involved in an accident where your claim against an underinsured motorist is worth $50,000 but the underinsured motorist who caused the accident (aka the at-fault motorist) only has a $25,000 policy, if you have UM coverage then your uninsured motorist insurance company will cover the difference and write you a check for the remaining $25,000.

Please note that divers in Florida are not required to carry uninsured motorist insurance, but that your insurance company is required to offer UM coverage to you and must receive your denial in writing if you decline the coverage. It should also be noted that uninsured motorist coverage, like other forms of insurance, is offered at different coverage levels so be sure to select the insurance level that makes the most sense for you and your family.

Important Tip: No matter what type of insurance you have, it is never a good idea to sign any liability release without first consulting with your insurance company and/or car accident attorney. Sometimes an uninsured at-fault party will try to get you to sign away your rights after a car crash, but doing so directly after an accident is almost never in your best interest.

Need Legal Advice After an Uninsured Motorist Accident?

Collecting compensation from an uninsured motorist after a car accident in Florida can be extremely difficult, but having a competent lawyer by your side can make this trying process much more manageable. If you have mounting medical bills and need access to the compensation that you are legally entitled to, contact the experienced car accident attorneys at Farah & Farah today. Our dedicated auto accident attorneys in Florida will evaluate your case during a free initial consultation, discuss the likely outcome of the case with you, and get started on your case without delay.

What Causes Jacksonville Automobile Accidents?

By on August 12, 2016

Automobile accidents in Jacksonville are unfortunately an all-too-common occurrence. Hearing the sirens of police and fire officials racing to the scene of an accident has become part of the sounds of daily living. However, when you or your loved one suffer injuries in such a crash, you’ll need the help and support of legal professionals to help evaluate legal rights and remedies.

Common Causes of Car Accidents

  • Distracted driving is a significant problem. With all the latest and greatest advances in technology comes the additional risk posed by a driver whose attention is diverted, even if only for a second. Texting and driving, making phone calls and even using in-dash entertainment systems can make for  a dangerous (and in some cases illegal) situation. Other distractions can include passenger behaviors or external attention getting situations, eating or drinking while driving, or even putting on makeup (yes, this happens). It is critical that drivers be able to focus on providing safe and secure transportation for themselves and their passengers.
  • Impaired driving is another cause of many accidents. While a driver may think he or she has not had enough alcohol to affect their judgment or reaction time, the reality is that it does not require much in the way of alcohol or drugs to affect a driver’s response time. The safest thing is always to have a designated driver. Read the rest »

Posted in: Auto Accident

Commonly Broken Bones in Jacksonville Car Accidents

By on May 31, 2016

Americans spend such a significant amount of their lives in cars that we often forget how dangerous they can be. Even with modern safety features like safety belts and airbags, there’s no getting around the fact that cars weigh an average of two tons, are composed mainly of steel, and can travel at high speeds. This is why car accidents so often result in serious injury and sometimes death.

Broken and shattered bones are a common injury suffered in a car accident. The following are some of the bones that most often broken in Jacksonville vehicle collisions: Read the rest »

Posted in: Auto Accident

Injured Uber Driver Suing Snapchat

By on May 26, 2016

It was in an Atlanta suburb, about 11 p.m. on September 10th, 2015. An 18 year old woman finished her shift at a local restaurant. She and a few co-workers piled into her father’s Mercedes C230. As she was driving away, the young woman apparently pulled out her phone and opened up the app Snapchat. Read the rest »

Posted in: Auto Accident, Uber

What Does Comparative Negligence Mean in My Valdosta Car Accident Case?

By on February 15, 2016

Georgia is a comparative negligence, or comparative fault, state. This means that more than one party can share fault for an accident or injury. Comparative fault is a legal concept that limits the amount of damages recoverable in a claim to the amount of fault of the other party.

An example of this would be: Say Driver 8 runs a yellow light and crashes into Driver 7. But, as it turns out, Driver 7 was still in the intersection because he was texting his girlfriend. Both Driver 8 and Driver 7 were performing illegal acts at the time of the accident. In such a case, the court or a judge would have to assign a percentage of fault to both drivers. If it was decided that Driver 8 was 70 percent at fault for the accident and Driver 7 was 30 percent at fault, Driver 7 could only recoup 70 percent of the total damages he suffered in the accident. Read the rest »

Posted in: Auto Accident

Red Light Cameras Might Get Shut Off in Florida

By on January 29, 2016

Florida Traffic CamerasWe’re a stop closer to not having red light cameras in the Sunshine State. Recently, a Florida House committee approved HB 4027, a bill that would ban local governments from using red light cameras to cite drivers for not properly stopping at intersections. HB 4027 looks to repeal a 2010 law that authorized statewide use of the red lights cameras.

Critics have argued for years that the cameras don’t improve traffic safety, and that local governments rely on money from tickets generated by red light citations. In 2015, Florida red lights cameras led to nearly 250,000 tickets being written statewide for right hand turns on a red light. These citations were worth $40 million to the state. This is despite a state vehicular law that prohibits tickets being written for turns like these made “in a careful and prudent manner.” Read the rest »

Posted in: Auto Accident

Florida Declares Uber Drivers Independent Contractors (Not Employees)

By on December 27, 2015

In an interview with Insurance Journal, Florida Insurance Commissioner Kevin McCarty said that “transportation network companies” (TNCs) like Uber have gaps in insurance coverage consumers should beware of. He was talking in relation to a lawsuit brought against Uber that’s been in the news recently. Read the rest »

Posted in: Auto Accident

Pedestrian Killed in Jacksonville Car Accident

By on November 18, 2015

A 16-year-old boy has been killed in a Jacksonville hit and run car accident. According to a News 4 Jax report, the fatal hit-and-run accident happened near the intersection of Lem Turner Road and Soutel Drive in Jacksonville. Officials say the teenager may have been near the intersection, but outside the crosswalk when crossing the road.

The driver struck him, posted a photo of the victim’s bloodied body on the street on Twitter, and then drove away, according to the report. The driver involved in the hit-and-run accident later deleted his post, which read: “I jus killed a man.” But, many people saw the post and alerted the Jacksonville Sheriff’s Office, as well as the FBI. Read the rest »

Posted in: Auto Accident

Jacksonville Woman Killed in Crash

By on August 26, 2015

A 24-year-old Jacksonville woman was recently killed when a 2011 Dodge Ram driving the wrong way on the highway struck her 2005 Toyota Camry. According to a report in the Florida Times-Union, the fatal car accident occurred on Georgia State Route 32, east of Alma. Officials say the driver of the Dodge Ram crossed the centerline and struck the Camry head-on. The woman behind the wheel of the Camry was pronounced dead at the scene. The 35-year-old driver of the Dodge Ram was injured, as were his three passengers. Read the rest »

Posted in: Auto Accident

How to Obtain Your Florida Medical Records

By on August 20, 2015

There are many reasons why you may need copies of your medical records. For example, if you have been involved in a Florida car accident, you will need your medical records to prove the severity of your injuries or even the fact that you were injured in the accident. Your medical records will also establish that your injuries resulted from the crash and were not the result of a prior condition. You will also need your medical records if you are the victim of medical malpractice or have been hurt by a defective product. Read the rest »

Posted in: Auto Accident

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The attorneys of Farah & Farah in Jacksonville, Florida have experience with personal injury, medical malpractice, product liability, workers’ compensation, social security, injury and negligence lawsuits, family law and criminal defense. Eddie Farah and our team of Jacksonville attorneys are proud to represent working people and families throughout the country.

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