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Draper Law Office Since 1984
  • Free Personal Injury Consultations
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  • Hablamos Español

What Happens If The Other Driver Has No Insurance?


Nobody wants to get into a car accident. It’s a highly inconvenient event that can ruin your day. You may not get to work on time. On top of that, a crash can result in serious damage to your car as well as catastrophic injuries. You may need to buy a new vehicle. You may have to spend weeks in the hospital and undergo surgeries.

Dealing with the damages incurred by a car accident can be especially tricky when the at-fault driver has no auto insurance. You may think this is a rare situation, but it happens more often than you think. In fact, Florida has one of the highest rates of uninsured motorists, at 20.4%. This means that if you were to get into a crash with five different vehicles, one of the drivers would have no insurance.

In Florida, all drivers are required to have an insurance policy that covers the minimum liability. This includes:

  • $10,000 per person for bodily injury
  • $10,000 for property damage
  • $20,000 liability per accident

So what happens if a person gets into an accident and they don’t have insurance? A person can face criminal consequences for failing to carry insurance while driving. They could face fines and have their license suspended.

At-fault drivers who don’t carry insurance coverage will also be on the hook for paying for the damages caused by the crash, such as vehicle damage, medical bills, lost wages, pain and suffering, and more. But Florida is a no-fault state, so what does that mean? Your auto insurance company should pay the majority of your auto accident claim, up to a $10,000 limit. The at-fault driver’s insurance would be required to pay the remainder of the claim. But if they don’t have insurance, what happens next?

Filing a Lawsuit

The best option would be to file a lawsuit against the liable driver. While you may be awarded a settlement in court, keep in mind that the driver may not pay up if they are having financial difficulties. In fact, if a driver cannot afford auto insurance, then they likely don’t have thousands of dollars saved up to pay for your losses.

However, if they fail to pay up, not all is lost. You can pursue several options to collect the money you need to pay for damages. Some options include:

  • Garnishing their wages
  • Putting a lien on property
  • Seizing bank accounts and other personal property with a levy

It’s also possible to have the uninsured motorist’s license suspended, but that may not stop them from driving.

Contact Us Today

Auto insurance is a requirement in Florida and almost all other states, but not all drivers have it for various reasons. This coverage can be expensive and many motorists think they don’t need it because they will never get into an accident.

Dealing with the aftermath of a car crash can be tricky. Seek legal help from a Kissimmee auto accident lawyer from Draper Law Office. Get the legal representation you need to recover the most compensation possible. To schedule a free consultation, fill out the online form or call (407) 743-6628.


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