Noticias

What is Uninsured/Underinsured Motorist Coverage?

Driving in Florida can be a constant struggle. With the traffic, distractions, and amount of uninsured motorists on the roadways, car accidents happen all the time. However, even though a driver may be “at fault” in the accident, that does not mean that they have insurance to cover your injuries.

Why is UM important?

Florida is a “no-fault” state and requires drivers to carry personal injury protection (PIP) insurance. However, bodily injury insurance is not necessary. This means the insurance company may take on the liability. Also, that the person who injured you may be able to protect themselves, but not have any money to cover your injuries. Due to this problem, many people in Florida carry uninsured/underinsured motorist coverage (UM).

Florida statute 627.727 allows injured drivers to carry their own insurance to protect themselves from drivers who do not have the insurance to cover the injured drivers’ damages. To mirror the automobile liability coverage on the policy Florida created uninsured/underinsured motorist coverage. Florida’s public policy is that every insured driver can recover damages. So the damages afforded would be the same as an at-fault driver with a bodily injury liability policy. Here is an example:

Mary is driving on a roadway and decides to adjust the radio. Traffic ahead stopped and Jim has stopped at the red light. Distracted Mary rear-ends Jim’s car damaging both cars. Injured in the accident Jim incurs medical bills. Mary has insurance, but her insurance covers property damage and her personal injury protection, not the bodily injury of another. Jim’s treatment costs money, but he cannot get reimbursed from Mary’s insurance coverage. However, Jim’s own insurance has UM coverage to protect him. This means that Jim use his own insurance to get reimbursed for the medical bills and pain and suffering he underwent through the length of his treatment after the accident.

What does it do for me?

By having uninsured/underinsured (UM) coverage, you help to protect yourself from drivers on the road who are not carrying insurance. Insurance companies must have a written rejection that someone does not want UM coverage. Otherwise, they may have to pay out what the bodily injury coverage would be. This means that if your insurance policy has bodily injury coverage, you have the ability to have UM coverage up until that amount as well. Having the UM coverage allows you to recover future medical expenses, lost wages, and non-economic damages like a permanent disability of pain and suffering. Your personal injury protection coverage and health insurance will pay for the present bills. But during the course of treatment, the future medical expenses can get paid through any coverage, which includes UM coverage.

What should I do?

If you have additional questions about an accident you were in and injuries you suffered as a result, contact RHINO Lawyers. Our equipo de lesiones personales will explore all options of the accident, including all insurance areas to make sure you are getting the help you deserve. Give us a call at 844-RHINO-77 for a free consultation. Take Charge of your Rights.

I Got Hit by a Drunk Driver, Can I Sue?

You are driving and hear the crunch of metal, airbags deploy, and jostled from your seat, with only your seatbelt holding you in place. After the car stops you take a deep breath and start to gather your surroundings. Adrenaline is rushing and your hands start shaking while you try and grab your cell phone. After a moment your breathing starts to get back to normal and you dial 911.

You are sore and your body aches. But you are able to get out of the car and see the impact. The driver who hit you gets out of their truck and you start to exchange insurance information. Immediately, you smell the odor of alcohol on their breath and notice their eyes are bloodshot and watery, while they talk to you with slurred speech.

The police arrive and they begin the exchange of information. While taking your statement you tell them what happened. In fact, you inform them that the other driver may be under the influence of alcohol. The adrenaline in your body subsides after an hour. Then you realize your injuries and you seek medical attention. You wonder, what do I do next?

Unfortunately, this scenario in Florida is more common than you may think. According to the 2016 Florida Highway Safety and Motor Vehicles report, 5,223 accidents involved impaired drivers. Many of these accidents involved injuries to people. So what makes drunk driving accidents different?

Difference between recovery for a DUI case compared to a regular auto accident case?

Anyone injured in a car accident is entitled to compensatory damages, regardless of the impairment of the defendant. Compensatory damages reimburse the injured party for loss, including:

• Medical Expenses – Any medical expenses related to your injury.
• Pain and Suffering – If you suffer from physical or mental aftereffects from the accident, such as depression or anxiety, you may be able to receive damages.
• Lost Wages – Your injuries received in the accident prevented you from working.
• Loss of Earning Capacity – The accident prevents you from working the same as you did before the accident, you may recover damages for the difference in potential income.

In Florida, injuries from a car or truck accident involving an impaired driver, you may also be able to receive punitive damages. The intent for punitive damages is as both a punishment for the drunk driver and a deterrent for other drivers.

Florida has said through the legislator and court system that plaintiffs can seek punitive damages in DUI accident cases. Because the act of driving while under the influence shows a “sufficiently reckless attitude.” You can ask a jury to provide an award of punitive damages if it determines liability exists for compensatory damages. Not only does the simple act of driving impaired mean that you can seek punitive damages; laws that limit damages for other negligence cases do not apply to drunk driving accident cases.

Only the defendant is liable for punitive damages, and if the defendant has limited resources then he or she may be unable to pay them. However, the insurance company has a duty to the insured to settle for the policy limits whenever possible and could be found liable for the punitive damages if they act in bad faith to their insured.

How can we help?

The auto accident lawyers at RHINO Lawyers want to help you Take Charge of your injuries and we won’t take less from the insurance company than YOU deserve. If you have been injured in a drunk driving accident, call us at (844) RHINO-77 for a free consultation. We don’t recover unless you win!

A drunk driver (DUI) injures you or someone you know in an accident in Florida, you need an attorney to fight for you. With these cases, there is more likely a criminal charge, but there are also civil penalties for the driver. This means victims can recover damages from the accident. We sue drunk drivers.

Our auto accident attorneys will fight each case and assist you through the process. We know that DUI accident injuries can be overwhelming and painful, and we are here to help.

En RHINO Lawyers we know that insurance companies want these cases to go away with paying the least amount of money to you as possible. Our equipo de lesiones personales wants you to take charge and let us help you recover damages and be compensated for any medical bills you have to pay.

While there are similarities between a driving under the influence (DUI) accident case and a regular accident case, there are some differences that affect the value of a DUI accident case.