I was injured in a car accident, and the other motorist was uninsured. How can I recover damages?

If you suffered an injury in a motor vehicle accident, and the other vehicle was without insurance, you can try to obtain damages from your own insurance policy. This type of case is called uninsured motorist coverage.

However, if you decide to file an uninsured motorist claim, the insurance company will only pay for damages if the other motorist is held to be legally accountable for the accident. But in a no-fault state such as Florida, it is not always possible to obtain such damages, unless the case is exceptional.

Under the rule concerning personal injury protection (PIP), such cases include loss of a significant bodily function, permanent injury, considerable and permanent scarring, and death. In addition, you can file a claim for economic damages that do not fall within the realm of PIP, an example of which is the 20 percent of medical expenses that are not covered by PIP and amounts in excess of the PIP limit. Furthermore the uninsured motorist may be liable for committing a tort and is personally liable for paying PIP benefits.

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