Personal Injury Lawyer Punta Gorda

If you’ve been injured in Punta Gorda due to someone else’s negligence, you may be eligible for financial compensation. The personal injury lawyers at Donaldson & Weston can evaluate your case and guide you through the legal process. Call 866-939-7576 now for a free consultation.

Our personal injury services in Punta Gorda include:

• Motorcycle Accidents
• Car Accidents
• Truck Accidents
• Pedestrian Accidents
• Slip and Falls

What Happens If the At-Fault Party is Uninsured?

Getting into an accident is stressful. That stress can multiply quickly when you find out the person who caused the crash doesn’t have car insurance. You may start to worry about how you’ll pay your medical bills, cover lost income, or repair your vehicle. Unfortunately, this situation is more common than many people realize—especially in Florida, where uninsured driver rates are higher than the national average.

If you’re injured in an accident in Punta Gorda and the at-fault party is uninsured, it’s important to understand your legal options and how Florida law affects your ability to recover compensation.

Why Uninsured Drivers Are a Problem

Car insurance is meant to protect everyone on the road. When someone doesn’t carry insurance, they’re not only breaking the law, but they’re also putting others at financial risk. Even a minor crash can result in thousands of dollars in damages. When the at-fault party can’t pay, the burden can fall on the injured person.

Florida drivers are required to carry Personal Injury Protection (PIP) and Property Damage Liability (PDL), but bodily injury liability insurance is not mandatory. That means if you suffer serious injuries, and the other driver has no coverage for your medical expenses, you could be left with few options.

Understanding Personal Injury Protection in Florida

In Florida, every driver is required to carry PIP coverage. This type of insurance covers up to $10,000 in medical expenses and a portion of lost wages, no matter who caused the accident. So, if you were injured in a crash with an uninsured driver in Punta Gorda, your own PIP insurance should be the first source of compensation.

However, for serious injuries, $10,000 may not go far. Hospital bills, ongoing treatment, physical therapy, and lost income from missed work can add up quickly. That’s when you may need to explore other sources of coverage.

Uninsured Motorist Coverage Can Help

Uninsured Motorist (UM) coverage is optional in Florida, but it’s one of the most important forms of protection you can have. This coverage is designed to step in when the at-fault driver doesn’t have insurance—or in hit-and-run cases where the other driver cannot be identified.

If you have UM coverage as part of your auto insurance policy, you can file a claim under your own policy to help cover medical bills, pain and suffering, and lost wages. In some cases, UM coverage can also apply if the other driver’s insurance exists but doesn’t fully cover your losses (underinsured motorist situations).

Your policy limit will determine how much compensation is available. For example, if you carry $100,000 in UM coverage, you can potentially recover up to that amount for your injuries, depending on your losses.

Filing a Lawsuit Against an Uninsured Driver

You may also have the option to sue the at-fault driver directly. However, this can be difficult in practice. Many drivers who don’t carry insurance also don’t have the personal assets to pay a judgment. Even if you win your case in court, collecting on that judgment may be impossible or take years.

In Florida, you can’t garnish wages or seize property unless certain requirements are met. And some assets, like a person’s primary residence or retirement accounts, may be protected from collection.

That doesn’t mean it’s always a dead end. If the uninsured driver has other sources of income or assets, legal action might still be worth considering. A personal injury lawyer can help evaluate whether pursuing a lawsuit is practical in your case.

Hit-and-Run Accidents and Uninsured Claims

Hit-and-run crashes present a similar challenge. If the other driver flees the scene and is never identified, you’re in the same situation as if they had no insurance. Again, your PIP coverage may help with basic expenses, but UM coverage is the most important protection in these scenarios.

If you’re involved in a hit-and-run, it’s critical to report the accident to law enforcement right away and get a copy of the police report. Insurance companies may require this documentation before approving a UM claim.

Steps to Take After an Accident with an Uninsured Driver

If you’re in an accident in Punta Gorda and suspect the other driver has no insurance, take these steps:

• Call the police – A police report is essential when dealing with uninsured drivers. It documents the details of the crash and the fact that the other party had no valid insurance.

• Get medical attention – Even if your injuries seem minor, get checked by a medical professional. Your PIP coverage only applies if treatment is sought within 14 days of the accident.

• Notify your insurance company – Inform them of the accident and ask whether you have UM coverage.

• Keep records – Hold on to medical bills, proof of lost income, repair estimates, and any other documents that show your losses.

• Speak to a personal injury attorney – These cases can get complicated. An experienced lawyer can help you understand your rights, file insurance claims, and take legal action if needed.

Why Legal Guidance Matters

When an at-fault driver has no insurance, recovering full compensation is more difficult, but it’s not impossible. Your lawyer can help you explore every option, from using your own insurance to identifying other liable parties—like vehicle owners, employers, or even government entities if road conditions played a role.

A personal injury lawyer can also deal directly with your insurance company. Even though you’re filing a claim under your own policy, insurers may still try to minimize what they pay. Having legal representation can level the playing field.

Protecting Yourself Before an Accident Happens

The best way to prepare for the risk of encountering an uninsured driver is to make sure you have the right coverage. Review your auto insurance policy. If you don’t have UM coverage, consider adding it. It’s often affordable and can make a big difference if you’re seriously injured.

Also, check your policy limits. Minimum coverage might not be enough to protect you in a severe crash.

Your Punta Gorda Personal Injury Attorney Is Just a Call Away

After an injury in Punta Gorda, you need a legal team that puts your needs first. At Donaldson & Weston, our personal injury attorneys are dedicated to helping you achieve the best possible outcome. Reach out at 866-939-7576 to schedule a free consultation.