Who Is Responsible For Paying For Damages From My Car Accident?
A lot of my clients come to their initial consultation with me with a concern that the driver who caused the accident did not have any insurance. What’s going to happen after every car crash or car accident is that the investigating police officer is going to prepare a driver’s exchange of information that’s a one-page form that literally just exchanges information of each of the drivers involved in the accident.
One bit of information that’s always going to have is what insurance company the other party or other driver had. Now sometimes in Florida the party will only have the bare minimum florida no fault or pip insurance and property damage coverage and but you won’t know that at the time. The one the only time that you’re going to know that person is totally uninsured is if the officer marks that that the person was given a ticket because they didn’t show proof of insurance.
If that happens my clients come and say well who’s going to fix the damage to my car who’s going to pay my medical bills at a very minimum your own no-fault pip and we’ve got a video specifically on the benefits provided by your policy but your own no-fault pip is a ten-thousand-dollar policy of insurance and it pays for eighty percent of your medical bills and sixty percent of your lost wages and actually a hundred percent of your replacement household services so if you break your leg in an accident and you can’t mow your yard for a month or two the doctor writes a report or a letter and your policy would pay for you to have that replacement service.
So someone to come to your yard while you can’t but what else do we do so if we have a situation where we believe the other party does not have car insurance or what were specifically looking for his bodily injury liability coverage that’s the type of coverage that the other person would have to pay for your damages your medical bills over and above your pip your lost wages over and above what your pip pays your pain and suffering.
If that person doesn’t have bodily injury liability coverage then we’re going to look to see if you have something called uninsured motorist coverage in the uninsured motorist coverage is probably the most important coverage you can have in Florida because there are so many people out there without bodily injury liability coverage you’re uninsured motorist coverage essentially steps into the shoes of what the other driver should have had and will pay for those damages such as pain and suffering the medical bills loss wages and any future damages that you’re reasonably certain to occur.
The other thing we look at if the officer notes on the drivers exchange of information that the other person did not have insurance we do an investigation to determine whether that person may have been on the job at the time of the car accident. If the person was in the course and scope of his employment at the time he caused a car crash then his employer would be responsible for his actions and we would look to his employers car insurance to determine what if any covers they have. So those are all the different scenario involved in what coverages, what insurance coverages, we look for when a client comes to us and we’re trying to figure out who is going to pay for their damages.