If your Florida auto accident settlement exceeds the available policy limits, you may be able to recover the remainder of your damages by suing the negligent party, relying on your uninsured/underinsured motorist policy, or accessing the defendant’s umbrella insurance policy if applicable.
If you have insurance issues with an auto accident settlement, contact us at Kogan & DiSalvo for a free consultation. We could review your case and determine the best way to recover the full amount of damages you need to rebuild your life. When you need a full-service law firm that takes cases on a contingency basis, you can depend on our team.
Florida is a No-Fault Insurance State
Florida is a no-fault insurance state. The law requires that every driver carries at least $10,000 coverage in Personal Injury Protection (PIP) and a minimum of $10,000 for Property Damage/Liability (PDL) coverage. If you are injured in a car accident in Florida, no matter who caused the crash, your policy will cover your damages up to the policy limit. For many accident victims, that will suffice. However, victims who suffer serious injuries, $10,000 will quickly prove insufficient with mounting medical bills and an inability to return to work.
Options if Your Settlement Exceeds Your Policy Limits
Depending on the severity of your accident and resulting injuries, you may be able to go outside of the no-fault system and file a personal injury claim or lawsuit against another person or entity to recover your damages. To do this, you must meet the serious injury threshold, which requires at least one of the following:
- Your injury is serious and permanent
- You suffered disfigurement
- You incurred significant loss of a permanent bodily function
- You suffered permanent and substantial scarring
You can file a personal injury claim against the at-fault driver’s insurance company if you meet the serious injury threshold. However, your damages may exceed the defendant’s policy limits as well.
Additional Options that an Experienced Lawyer Will Explore
An experienced attorney may be able to help you identify another potential source of financial compensation.
Here are some other possible options:
- An uninsured/underinsured motorist policy may cover some or all of your settlement amount if the at-fault driver is uninsured.
- If the driver that caused your accident carries an umbrella insurance policy, that may cover the remainder of your settlement amount once all other insurance policies have been exhausted.
- If the other driver was on the clock at the time of the accident, it is possible that their employer may be liable, and you can seek recovery from the employer’s insurance policy.
- You might be able to pursue a claim against the vehicle owner if someone else was driving the car, as vehicle owners can be held liable for the negligent use of their car.
- There may be multiple defendants that were partially responsible for your accident, and you can file a claim against all of them. For example, there may have been several vehicles involved in the crash, or another car may have experienced mechanical failure or a manufacturing defect.
You can also file a claim against the other driver, but your attorney will first need to determine whether or not the other driver has sufficient resources to pay the judgment you seek.
Schedule a free consultation today with Kogan & DiSalvo
Because of the complexity of these cases, it’s best to consult with a skilled car accident lawyer at Kogan & DiSalvo as soon as possible. We vigorously pursue justice on behalf of our clients. If you are concerned about your Florida auto accident settlement exceeding your policy limits, call us today to arrange a free consultation. You will never be charged legal fees unless we win your case.