After a serious car accident, you may expect the at-fault driver’s insurance to cover your losses. Then you learn the policy limit is exhausted, but your expenses keep piling up. A serious injury can quickly cost far more than the insurance coverage. Fortunately, other sources of compensation may be available.
Florida’s no-fault insurance system
Florida operates under a no-fault insurance system. Under this system, your own personal injury protection (PIP) coverage pays your initial medical costs regardless of who caused the accident. PIP usually covers up to $10,000 in medical expenses and lost wages. For serious injuries, that limit can run out quickly, leaving you responsible for unpaid bills.
Minimum coverage rarely covers serious injuries
Serious injuries come with costs beyond the emergency room. Rehabilitation, ongoing medication and extended time away from work all add up. Florida only requires drivers to carry $10,000 in property damage liability coverage. This does not include bodily injury liability. That amount barely covers what a serious injury often costs. Once the at-fault driver’s policy limit is reached, their insurance company has no further obligation to pay.
How underinsured motorist coverage can help
Underinsured motorist (UIM) coverage exists to protect you in exactly this situation. Florida law requires insurers to offer this coverage to every policyholder. Drivers can reject it in writing, but carrying UIM gives you a valuable safety net. When the at-fault driver’s policy runs short, your own UIM coverage can step in and pay the difference.
Other potential legal options
Sometimes, more than one party shares responsibility for an accident. Florida’s modified comparative negligence law allows you to seek damages from other at-fault parties. However, this only applies if the court determines your fault to be 50% or less. If the court finds you more than 50% at fault, you lose the right to recover any damages.
Steps you can take to recover compensation
Learning that insurance will not cover all your costs can feel like a dead end. However, there are still steps you can take. Start by reviewing your auto insurance policy to see whether you have UIM coverage or other applicable benefits. Keep records of every medical visit, expense and way your injuries have affected your daily life.
Avoid communicating directly with the at-fault driver’s insurance company without legal guidance. In some cases, insurance companies use early statements to reduce a claim.
Exploring every source of compensation
Florida law gives injured victims the right to pursue compensation from multiple sources. Many victims miss out on compensation because they don’t know these options exist. Identifying them early can help you recover the full value of your losses.
