Just like all other accident victims, these individuals need and deserve compensation. This compensation usually includes money for economic losses, such as medical bills, and noneconomic losses, such as pain and suffering. Because of the aforementioned issues, a Tampa uninsured driver accident attorney must work extra hard to obtain this compensation.

UM/UIM Claims

Many drivers have uninsured and underinsured motorist coverage. The premiums are generally small and the coverage limits are usually large. Given the aforementioned driver insurance issues in Florida, there’s a good chance that, if you are involved in a serious collision, the other driver might not have enough insurance to pay fair compensation.

Sometimes, UM/UIM coverage is gap coverage. If the tortfeasor (negligent driver) had $50,000 of insurance and the victim’s total economic losses, including medical bills, were $75,000, the UM/UIM policy would probably pay $25,000, assuming the victim’s policy limit was at least that high.

If the insurance company refuses to pay, the dispute would most likely go to arbitration. In Florida, it’s usually illegal for people to sue their own insurance companies. Arbitration is like a private trial. Since the insurance company is anxious to keep a paying customer happy, these claims usually settle on victim-friendly terms.

Other times, a UM/UIM policy is substitute coverage. That’s usually true if the tortfeasor had no insurance or fled the scene. The same basic principles apply.

A few words about hit-and-run accidents. Even if the tortfeasor immediately flees the scene, an attorney is often able to identify the vehicle’s owner. A tiny bit of evidence, like a partial plate number, might be enough. If that’s the case, an attorney can usually hold the owner liable for the full measure of damages, assuming the owner has enough insurance.

Third Party Liability

Frequently, a third party is financially responsible for damages. In these situations, the tortfeasor’s insurance coverage, or lack thereof, is basically irrelevant.

If a commercial operator, like a truck driver or Uber driver, caused the wreck, the respondeat superior theory often applies. Employers are generally responsible for damages if their employees are negligent during the course and scope of their employment.

The “employee” prong is sometimes an issue. Frequently, commercial operators are non-employees, like independent contractors or owner-operators. However, these individuals are employees for negligence purposes, at least in most cases.

Dram shop alcohol provider liability often comes up in alcohol-related crash cases. Private clubs, bars, and other commercial providers are vicariously liable for damages if they knowingly sell alcohol to people who are habitually addicted to this substance. Evidence of habitual addiction includes statements the customer made and prior purchases at that establishment.

Negligent entrustment owner liability is a possibility as well. Owners are liable for damages if they knowingly allow incompetent operators to drive their motor vehicles. The victim/plaintiff must prove knowledge by a preponderance of the evidence, or more likely than not.

Work With a Compassionate Hillsborough County Lawyer

Car crash victims are usually entitled to significant compensation. For a free consultation with an experienced personal injury attorney in Tampa, contact Mark H. Wright, PLLC. Attorneys can connect victims with doctors, even if they have no insurance or money.

Resource:

iii.org/fact-statistic/facts-statistics-uninsured-motorists

Therefore, many people assume that, if police do not immediately arrest a negligent driver, they are ineligible for compensation. But a Tampa uninsured driver accident attorney can still obtain fair compensation for these victims. This compensation usually includes money for economic losses, such as medical bills, and noneconomic losses, such as pain and suffering.

Tracking Down the Tortfeasor

Generally, investigators must amass overwhelming evidence to obtain convictions in court. Essentially, this evidence must place the defendant behind the wheel at or near the time of the hit-and-run accident. That usually means compelling witness statements, a near-immediate arrest, or a voluntary confession. Such evidence is not always available.

But in civil court, the burden of proof is only a preponderance of the evidence (more likely than not). Therefore, if an attorney locates the vehicle’s owner, that’s usually sufficient. It’s more likely than not that the owner was driving the car at a particular time.

In practical terms, a vague description and partial plate number are almost useless in criminal court. But a Tampa personal injury attorney can use this evidence to track down owners and obtain fair compensation.

Surveillance video footage, even if the camera was several blocks or several miles away from the accident scene, sometimes provides the critical proof. Witness statements, even if the witness only saw part of the crash, could be important as well. Frequently, attorneys partner with private investigators to locate this evidence.

Private investigators can also follow-up on physical evidence and other leads that police officers do not take the time to deal with.

UIM Coverage

Most victims have Uninsured Motorist Coverage riders in the auto insurance policies. UIM insurance usually compensates victims in hit-and-run cases even if an attorney cannot locate the tortfeasor.

Available compensation largely hinges on the policy’s terms. However, in many cases, UIM coverage limits damages to economic losses.

The good news is that these claims are completely one-sided. Car crash defenses, like contributory negligence and last clear chance, do not come into play. Furthermore, these claims often settle quickly and on victim-friendly terms. Insurance companies are usually loath to pay claims. But they do want to keep their customers happy, especially if they were injured by someone else’s negligence.

An attorney plays a valuable role in the UIM claims process. Lawyers advocate for victims in arbitration hearings. Most UIM claims go to arbitration instead of trial. It’s illegal for most policyholders to sue their own insurance companies. Furthermore, an attorney helps ensure that the insurance company does not take adverse action against the victim, such as raising the victim’s rates or cancelling the victim’s coverage.

Rely on a Diligent Lawyer

If a hit-and-run driver injured you, you have legal options, regardless of the initial investigator’s results. For a free consultation with an experienced personal injury attorney in Tampa, contact Mark H. Wright, PLLC. Virtual, home, and hospital visits are available.

Resource:

psychreg.org/hit-and-run/