Before you file a claim or sue an uninsured motorist, you will have several things to consider. This may include considering if your insurance premium rates will increase after filing a claim.
Filing a claim under your UM coverage should not increase your rates, as these claims are made under your own policy and without determining fault. However, there is never a guarantee. Insurance companies may increase your rates upon your policy’s renewal, even if no claim was ever filed at all.
Furthermore, if you do not have a UM or uninsured motorist policy, most personal injury firms will not advise you to pursue a lawsuit; specifically with an uninsured motorist. This however has nothing to do with your insurance rates increasing. It has to do with a foreseeable strong possibility of not being able to collect, even if you win in court.
Pursuing Negligence and Filing Legal Claims for Uninsured Motorists (UM)
Proving negligence is essential in personal injury cases. This also applies to any accident involving an uninsured motorist.
You would need to demonstrate that:
- The other driver had a duty to drive safely.
- They breached this duty through reckless or negligent actions.
- Their negligence caused your injuries and financial losses.
How much time do you have to File a UM Claim?
You must Act Quickly – Statutes of Limitations Apply
Every state has a deadline (statute of limitations) for filing personal injury claims. In Florida, you now have two years from the accident date to file a lawsuit. If you miss this deadline, you may lose your right to seek compensation.
What to Expect if You Decide to Sue an Uninsured Motorist
In most cases, it is not in the best interest of the client or the firm to sue an uninsured motorist. This is primarily because winning a lawsuit with an uninsured motorist does not guarantee that monies will be collected. However, should your attorney and you decide that suing the uninsured driver is the best course of action, here’s what to expect:
- Filing a Complaint – Your attorney will draft and file a lawsuit against the at-fault driver.
- Discovery Phase – Both parties exchange evidence and conduct depositions.
- Settlement Attempts – Before trial, there may be opportunities to settle out of court.
- Trial – If necessary, your case may be presented in front of a judge or jury.
Contact Graver Law for a Free Consultation
If you’ve been injured by an uninsured driver, we’re here to help. We have a team of experts ready to take your call. You will then be connected to an attorney who will evaluate your case and help you decide how to proceed after an uninsured motorist accident.
No Upfront Costs – We Work on Contingency
Many accident victims worry about legal fees, but at Graver Law, we work on a contingency fee basis only. This means you don’t pay anything ever, unless we win your case. Our goal is to secure the compensation you deserve without adding to your financial burden.
📞 Call us at (561) 228-7820
📧 Email us at info@graverlaw.com
🌐 Visit us at www.graverlaw.com
