If you are reading this, you may be facing one of the most difficult and overwhelming situations imaginable: the loss of a loved one due to a fatal car accident. At this challenging time, you might be feeling confused and unsure about what steps to take. You may be struggling with grief, worry, and questions about your legal options. We understand what you are going through and want you to know that you don’t have to face this alone. Victory Law Firm P.A. is here to guide you through the legal process with care and empathy, ensuring that your family receives the justice and compensation you deserve.
Attorney - Partner Attorney - Of Counsel
Franklin Domenech, Esq.
William Alexander Corzo, Esq.
When a loved one is tragically taken in a car accident, the emotional pain can feel unbearable. However, it is important to also address the legal side of things. If the driver responsible for the accident did not have enough insurance or any insurance at all, it can complicate matters. That’s where uninsured and underinsured motorist coverage comes into play. These types of coverage can help secure compensation, even if the at-fault driver’s insurance is lacking. In this blog, we will explain what these coverage options mean and how they can impact a wrongful death case in Florida.
What is Uninsured Motorist Coverage
Uninsured motorist (UM) coverage is a type of insurance that protects you in the event that you are involved in an accident caused by a driver who does not have any insurance. This could happen if the at-fault driver is not insured at all, leaving you with no recourse to recover damages from their insurance policy. In these cases, uninsured motorist coverage kicks in to help cover medical expenses, lost wages, pain and suffering, and even wrongful death claims.
In Florida, insurance laws require drivers to carry a certain minimum amount of insurance, but unfortunately, not all drivers follow these rules. If you are in an accident with an uninsured driver, your own uninsured motorist coverage may provide the financial support you need. If you’ve lost a loved one in a car accident caused by an uninsured driver, you may be able to file a wrongful death claim under your own policy’s uninsured motorist coverage.
Highly recommend victory law firm they've been nothing but great and and very presentable if you want to win a case I definitely I give it 5 stars” - Yari Yes Mr. Domenech, Mr. Leon, Miss. Katerina helped me and my family tremendously. They are knowledgeable, professional, laways available and most importantly care about their clients, I would recommend them 100% and more. Endlessly grateful." - Llubikza Kairuz Attorney William Corzo did an excellent job in assisting me with my car accident case. He was thorough and professional and the outcome was great- would definitely recommend him." - Patrick Dollar
What is Underinsured Motorist Coverage
Underinsured motorist (UIM) coverage works in a similar way to uninsured motorist coverage. However, instead of the at-fault driver having no insurance, the driver has insurance, but not enough to cover the full extent of your damages. If the responsible party’s insurance policy limits are lower than the damages you’ve incurred, underinsured motorist coverage can help bridge the gap.
For example, if the at-fault driver only has the state minimum insurance coverage, but the medical costs and other damages from the accident far exceed those limits, your underinsured motorist coverage would cover the difference. In a Florida wrongful death case, this could mean the difference between receiving adequate compensation for your loss or being left with an insufficient settlement. Having both uninsured and underinsured motorist coverage is critical in ensuring that you are fully protected in the event of a serious accident.
Why Having UM and UIM Coverage is Important in Florida
In Florida, the minimum required insurance coverage is often not enough to cover the damages in a serious accident, especially in wrongful death cases. Many drivers choose the minimum coverage to save on premiums, but these minimum limits often fall short when it comes to covering medical bills, lost wages, or funeral expenses in the aftermath of a fatal crash.
By securing uninsured and underinsured motorist coverage, you protect yourself and your family against the financial burden that comes with an accident caused by someone without sufficient insurance. This coverage is particularly important in wrongful death cases, as the family members left behind will face significant financial strain as they deal with both the emotional and financial fallout of their loss.
Without this coverage, the grieving family may find themselves struggling to cover funeral expenses, outstanding medical bills, and lost income from the deceased. However, with the right insurance coverage in place, your family can seek compensation for these costs, easing the financial burden during an incredibly difficult time.
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How UM and UIM Coverage Impact Wrongful Death Claims
When a loved one passes away due to an accident, family members often have the right to pursue a wrongful death claim to recover damages. These damages can include medical bills, funeral expenses, lost income, loss of companionship, and more. However, if the at-fault driver is uninsured or underinsured, recovering those damages can be more complicated.
If the responsible driver has no insurance or insufficient coverage, your ability to seek compensation from their insurance policy will be limited. This is where your own uninsured and underinsured motorist coverage becomes invaluable. By filing a claim under your own UM or UIM policy, you can seek compensation for your family’s losses, even if the at-fault driver’s insurance is inadequate.
In Florida, wrongful death claims must be handled by an experienced attorney who understands how to navigate both the insurance process and the legal aspects of the case. If the at-fault driver lacks insurance or has inadequate coverage, your attorney can help you pursue the compensation you need through your own insurance policy. This is why it is so important to have the right coverage in place and to work with an attorney who can help you secure a successful case result.
What Happens if You Don’t Have UM or UIM Coverage
If you don’t have uninsured or underinsured motorist coverage, it can make a wrongful death case more complicated. Without these protections, you may find it difficult or even impossible to recover damages if the at-fault driver does not have adequate insurance coverage. In some cases, you may have to rely solely on the at-fault driver’s insurance, which may not be enough to cover the full scope of your damages.
Serious Results
In Florida, you have the right to make decisions about your insurance coverage. While it is not legally required to have uninsured or underinsured motorist coverage, it is highly recommended, especially in wrongful death cases. If you have recently lost a loved one in a car accident and did not have this type of coverage, it may still be possible to pursue a case depending on the specific details of the incident. An experienced attorney can review your case and help you explore all potential avenues for recovering compensation.
At Victory Law Firm P.A., we understand how devastating a wrongful death can be, and we are committed to helping you through this challenging time. We know that navigating the legal process can be confusing, especially when it comes to dealing with insurance claims for uninsured and underinsured motorist coverage. Our team is here to guide you every step of the way, working tirelessly to help you achieve a successful result in your wrongful death case.
We have years of experience handling wrongful death claims in Florida and are well-versed in how UM and UIM coverage can impact your case. We are dedicated to ensuring that you receive the maximum compensation possible for your loss. If you’ve lost a loved one in an accident, we invite you to contact us for a free consultation. We can review your case, explain your options, and provide the legal support you need to move forward.
You don’t have to face this difficult time alone. Reach out to Victory Law Firm P.A. today, and let us help you seek justice for your loved one. We work on a contingency fee basis, meaning you don’t pay unless we win your case.