When a driver is involved in a motor vehicle accident in Tampa, Florida and injuries are sustained, they are generally required to file a claim with their insurance company first, regardless of who was at-fault for causing the crash. This is because Florida follows no-fault laws. A driver is typically entitled to recover up to $10,000 from their personal injury protection (PIP) coverage for medical expenses and then, if necessary, they can file a claim with the other driver’s insurer if their coverage is exhausted.
The other driver’s insurer should cover any damages that were not paid for by their insurer, up to the limits the policyholder has purchased.
When would a driver need to sue another driver?
Although insurance companies are supposed to protect their policyholders by paying for certain damages the insured causes, not always do they come through. When this happens, a driver may need to file a personal injury lawsuit against the at-fault driver to recover the compensation they believe they are due. Some examples of when a driver might need to file suit against another party after an accident include:
- The insurance company undervalues their claim.
Insurance companies are businesses and look to make a profit which means adjusters will sometimes undervalue a claim in order to avoid having to pay a victim the full amount they are entitled to. When the insurance company undervalues a claim, a victim can retain a Tampa, FL car accident lawyer who can negotiate with the insurer to try and get the value of the claim increased.
- The insurance company denies the claim.
If the insurance company determines that their policyholder is not liable for the accident, it will likely deny the claim. When this happens, a driver can either challenge the insurer’s decision or bring a lawsuit against the motorist if he/she did, in fact, cause the accident despite what the insurance company says.
- The driver is underinsured or uninsured.
Although Florida law requires drivers to carry certain types of insurance coverages, not all drivers do. In fact, Florida has been recognized as one of the states with the highest percentage of uninsured drivers.1 In addition to driving without insurance, some motorists only choose to purchase the bare minimum coverage which means if they were to cause an accident, it is unlikely that it would be enough to pay for all the damage they cause.
The Reyes Firm Can Help an Accident Victim Recover the Compensation They are Due
If a car accident victim is looking to recover the maximum amount of compensation they are due, they can contact The Reyes Firm. The Tampa, FL car accident attorneys at The Reyes Firm can provide an accident victim with a true estimate for what their damages are worth and determine what the best course of action would be for them to obtain this. To connect with The Reyes Firm now to learn more about how they can protect the rights of an accident victim, call (833) 422-3329.
The Reyes Firm can be reached at:
3302 North Tampa Street
Tampa, Florida 33603
Phone: (833) 422-3329