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What to Do After a Sarasota Auto Accident With an Uninsured Motorist

Dealing with the after effects of a Sarasota auto accident is stressful for all parties involved. Unfortunately, when the driver who is at fault does not have adequate insurance, there is even greater cause for concern for the injured victim. The costs of medical bills, property loss, and pain and suffering may be substantial. Consulting an experienced Sarasota auto accident lawyer is essential to protect your legal rights.

Fortunately, if the injured party has uninsured motorist coverage, it will provide payment in situations where:

  • The accident involved a hit and run
  • The driver had no car insurance
  • The driver had insurance, but not enough to cover the full amount of the injured party's expenses

Handling uninsured motorist claims is more complex than handling matters involving adequate insurance coverage. In these matters, the insurance carrier will stand in the shoes of the driver who was responsible for causing the accident. If the injured party does have an uninsured motorist policy in place at the time of the accident, what are the next steps that should be taken? First, the victim should contact a knowledgeable Sarasota auto accident attorney, who will then do the following on the victim's behalf:

  • Review the policy to determine which expenses should be covered.
  • Investigate the car accident.
  • Submit a demand to the insurance carrier with appropriate supporting documentation.
  • Negotiate with the insurer for a fair settlement.
  • If a settlement is not paid, file a lawsuit against theuninsured motorist insurance company.
  • Potentially file an action with the Florida Department of Financial Services for a Civil Remedy Notice of Insurer Violation.
  • The insurance company has 60 days to file the claim. If they do not, the Department can issue a fine or other punishment to the insurer.

Having a qualified attorney in the victim's corner is important because the insurance companies are often not quick to offer an adequate settlement. The company may delay in issuing any payment at all or dispute the value of the claim. Under Florida law, however, the insurer is obligated to act with fairness and honesty throughout the settlement process. For more information, complete our online submission form or call our office at (888) 409-3805.


Damian Mallard, Esq.
Board Certified Sarasota Personal Injury Attorney