Under Florida law, everyone registering a motor vehicle for the road must carry a minimum of $10,000 personal injury coverage and $10,000 property damage coverage on their auto insurance policy.
Because Florida is referred to as a no-fault auto insurance state, parties injured in a motor vehicle accident must first claim personal injury coverage from their own personal injury protection (PIP) coverage. After the total damages surpass $10,000, the injured party may sue the negligent party for additional damages — up to the percentage of negligence they are found to be at fault for. In other words, if the other driver is found to be 90 percent at fault but you are assigned 10 percent of the liability, you may sue the other party for 90 percent of the damages over and above your own PIP coverage.
“Many drivers let their insurance lapse or don’t carry enough personal injury coverage to compensate injured parties for the full extent of damages. If you have to file a claim against your own insurance company, we can help.” – Attorney William Heller
In many cases, however, drivers on South Florida roads do not carry the required amount of coverage to compensate for the total personal injury damages. Also, as high as 25 percent of drivers don’t carry any auto insurance at all.
If you were injured in an accident with an uninsured or underinsured driver, you will be forced to file a claim against your own auto insurance uninsured motorist (UIM) policy. You are likely to find that you will be treated as a hostile claimant, even though you have been a good customer for years.