It is illegal to drive your vehicle in the state of Florida without valid and current auto insurance. If you are involved in a car accident and you do not have proper insurance coverage, there could be many consequences. In this article we will examine the laws behind Florida vehicle insurance coverage, and the ramifications of driving without a current insurance policy.
Legal Penalties for Driving Without Current Insurance
Florida requires drivers to carry liability insurance coverage. Not having coverage could cause the driver to:
- Have their license suspended
- Incur fines
- Spend time in jail
- Have their vehicle impounded
- Be required to file an SR-22 form(certification of insurance coverage) in order to have legal driving privileges restored
These legal penalties are completely separate from any civil actions that other parties could bring against you. These claims may be made in order to receive compensation for damages resulting from the car accident.
If You Are At Fault for the Accident
If you are determined to be at fault for a motor vehicle accident, you will likely be required to pay compensation to any injured party. Florida is a no-fault state, meaning that all drivers are eligible for compensation for minor injuries from their own insurance company by filing a claim under their Personal Injury Protection (PIP) coverage. If injuries are severe, the other driver could file a claim to recover damages for medical bills, emotional distress, pain and suffering, and lost wages not covered by their own PIP policy.
Normally, the insurance provider would pay legal expenses and cover the other driver’s damages up to policy limits. But if you do not have a current insurance policy, the otherparty may decide to attempt to collect from you personally.
If Another Party Is At Fault (Without Current Insurance)
If the other party to the accident is determined to be at fault, you may be eligible to recover any compensation not covered by your insurance provider from their insurance company. You would file a third party claim to recover damages for all losses you sustained over and above your own policy limits. Parties may be able to resolve the case without a lawsuit if the insurer makes an adequate offer for settlement. Otherwise, you could go to court to recover any damages.
Unfortunately, if the other driver is uninsured, there is no provider to petition for compensation. Often, people drive without insurance because they can’t afford it – so suing them personally for damages may be futile. Even if you win a judgement, they may not have the means to pay you. As noted above, that driver will likely be punished under the law for their actions, but it won’t pay your bills. Therefore, after exhausting your PIP coverage, it may be difficult to recover any additional funds.
In Florida, it is estimated that 26% of the drivers on the roads are uninsured. In order to protect yourself against being involved in an accident with no recourse for compensation, you may consider carrying optional coverage over the Florida minimum polcy. These additional (optional) coverages include:
- Uninsured motorist coverage: covers drivers and passengers after an accident involving an uninsured motorist
- Underinsured motorist coverage: covers the difference between your total damages and the other driver’s policy limits
- Collision coverage: covers damage to your vehicle when involved in an accident with an uninsured or hit-and-run driver
Anderson & Associates Insurance Group is Palmetto’s premier insurance brokerage. Call today to learn more about updating your vehicle’s current insurance policy to better protect you in the case of an accident.
