Being under insured can have devastating effects after a car accident. A good rule of thumb is to review your car insurance policy regularly to ensure you have adequate coverage in the event the unthinkable occurs.
Under Insured Driver & Extra-Contractual Liability
In Florida there is no legal requirement for people driving on our roads to purchase insurance coverage to pay for bodily injury they cause others. This means you may be in an accident with an under insured driver. Our car accident lawyers at Zimmet & Zimmet we believe that this is a significant failure of the state legislature to protect Florida citizens.
With no legal requirement, Florida drivers are free to purchase no coverage or coverage in any limits they choose. A under insured driver could cause $1,000,000 worth of bodily injury but have only a very small amount of insurance coverage that would not come close to meeting your expenses.
Are you just out of luck if that happens? If you are seriously injured, ask us about “extra-contractual liability.”
An insurance policy is a contract. You agree to pay premiums and the insurance company agrees to pay for the cost of damages you cause up to a specific limit you choose. Of course, insurance companies charge more for higher limits.
Sometimes the insurance company refuses pay the limits of the policy for settlement of a specific claim even if the damages are more than the limits.
This tactic can increase the insurance company’s profits. The problem for the insured, however, is that if the insured loses at trial the court could award a judgment against the insured for more than the insurance limit. The insured pays that excess amount.
Understand Your Rights
In this situation, it might be possible to sue the insurance company for dealing with its own insured in bad faith. The lawsuit could allege that the insurance company is responsible for more than its limits, “extra-contractual liability.”
If successful the injured person may be able to collect the full amount of their damages ($1,000,000 in the example above) instead of the smaller policy limits.
At Zimmet & Zimmet our mission is to do everything we can to give all of our clients the best opportunity to be compensated completely for their injuries.
The Other Driver Doesn’t Have Insurance. Am I Just Out Of Luck?
Uninsured Driver Car Accidents
There has been a recent disturbing trend of more and more drivers not carrying any insurance to pay for the damage they cause on our Florida roads.
At Zimmet & Zimmet we represent people injured in car accidents in Volusia and Flagler Counties from our office in Dayton Beach. Today we received a statutorily required insurance disclosure from Dairyland Insurance company on one of our cases.
The negligent driver bought no bodily injury liability insurance coverage. In other words, there is no insurance to pay for the damages he caused. We are seeing this more uninsured driver car accidents.
Even more disturbing, it is perfectly legal
for Florida drivers to purchase automobile insurance without the bodily injury coverage that pays for the damage they cause.
Until the Florida Legislature decide
s to change the law to make bodily injury coverage mandatory, the only way to protect yourself and your family is to purchase uninsured/underinsured motorist coverage.
You may be surprised to find out how inexpensive it is to buy this coverage. Sometimes it only adds a few dollars to your premium.
If you buy this coverage, your own insurance company stands in the shoes of the negligent driver’s missing insurance. Your insurance pays for the damages you suffer up to the limits you purchase.
Are You Covered?
Without uninsured motorist coverage, you are rolling the dice with your family’s financial future. Don’t be part of this new disturbing trend.
We don’t sell insurance, but we highly recommend that you call your insurance agent today and add uninsured motorist coverage to your policy.
Contact Our Florida Car Accident Lawyer with Questions
Zimmet & Zimmet we offer Personal Attention & the Time to Get It Right. Our team of car accident attorneys understand uninsured driver car accidents and will help answer any questions.
To become a claims adjuster in Florida, one must only be a legal adult resident, apply, submit the fees, be fingerprinted, and complete a course or the Florida Adjuster Examination.