By : Anthony J . Gonzalez , Jr ., Esq . Byrd & Gonzalez , P . A .
fLoRIDA ’ S AUtoMoBILE fINANCIAL RESPoNSIBILIty LAW
Have you been involved in an automobile accident only to find out the at-fault party does not have insurance ? Have you wondered who can you turn to for help in recovering damages caused by the at-fault driver ?
The Florida Automobile Financial Responsibility Law requires that an owner and / or operator of an automobile involved in an accident resulting in bodily injury and property damage to others must have in effect at the time of the accident liability insurance coverage . This coverage includes minimum limits of bodily injury liability of $ 10,000 per person $ 20,000 per accident , $ 10,000 property damage liability per accident , and personal injury protection limits of $ 10,000 per person . Failure to carry the required minimum levels of financial responsibility at the time of an accident can result in suspension of the driver ’ s license . The requirement to demonstrate financial responsibility is not based on fault . All parties involved in an accident must show the necessary proof or face the penalties imposed by the law . Maintaining an automobile insurance policy is the most common way to comply with the financial responsibility law .
While the Florida “ No Fault ” law does not apply to motorcycles , the Florida Automobile Financial Responsibility Law does . Therefore , owner and / or operators of motorcycles must comply with the law .
If you are involved in an accident always insist that the accident be reported to the police , so an accident report can be prepared . Make sure the investing officer obtains the insurance information from the at-fault driver . If you do not obtain an accident report the Bureau of Financial Responsibility will be unable to assist you or your attorney in obtaining insurance information regarding the at fault driver . The Florida Bureau of Financial Responsibility is charged with compiling data regarding accident reports and insurance information . If you have been involved in an accident and desire the insurance coverage for the other party , you may obtain that information by mailing your request to :
Bureau of financial Responsibility 2900 Apalachee Parkway , Rm . A212 , MS-98 tallahassee , fL 32399-0585 .
You must include a copy of the accident report or the driver exchange form . These forms will provide the Bureau with the necessary information needed to complete your request .
After calling law enforcement , call your insurance company and report the accident . Failure to report the accident to your insurance company can result in your insurance company denying you valuable benefits under your policy . Give your insurance company any insurance information you obtain regarding the at-fault driver . Before giving a recorded statement to any insurance company , consult an attorney to discuss your legal rights . So what happens if you are involved in an accident and you or someone in your car sustains damage ( property or personal injury ), and the at-fault party does not have insurance :
1 . Property Damage – if your car was damaged and you purchased collision coverage , your own insurance company will repair or replace your vehicle subject to a deductible . Check your policy to see if you have rental car coverage .
2 . Bodily Injury – Your insurance policy provides you with bodily injury protection benefits , commonly referred to as “ PIP ”. “ PIP ” covers 80 % of your medical bills and 60 % of your loss wages up to $ 10,000.00 . If you purchased uninsured motorist coverage you may be entitled to additional benefits .
If you or someone in your car sustained bodily injury the Bureau of Financial Responsibility has the authority to suspend a license of an uninsured driver for 3 years , in the case a judgment has been obtained against an uninsured driver , the Bureau has the authority to suspend licenses , tags and registrations for a period of 20 years or until the judgment is satisfied . However , if the at-fault party does not have assets to pay for your damages , or is otherwise judgment proof then this will be of little help to you .
In order to protect yourself against uninsured drivers , you must make sure you are adequately insured . While no one wants to pay more for insurance , not having uninsured motorist , collision and rental car coverage can be financially diasterous . Ask yourself , if I suffer serious bodily injury and incur significant medical bills and / or suffer wage loss , can I afford to be without uninsured motorist coverage ? Also , can I afford to fix my car if the at-fault party does not have insurance ? If not , then you need to purchase collision coverage .
Should you or a family member or friend be involved in an auto , truck or motorcycle accident you may need legal help . Delays in obtaining legal representation can affect your legal rights , and your attorney ’ s ability to recover damages for you . Please feel free to contact us at 813- 281-8801 for a free consultation .
Mr . Gonzalez is a Board Certified and AV-rated .
Of the thousands of attorneys licensed to practice law in the State of Florida , less than 2 % of all Florida lawyers are Board Certified . To become Board Certified in civil trial , attorneys must pass an extensive and rigorous written examination to test their knowledge in the area of civil trial practice . They must also complete a specially approved regime of continuing education courses and must also have their ability and experience in the specialty favorably evaluated by judges and other lawyers who are familiar with their work .
AV-rated is Martindale-Hubbell ’ s highest possible rating , based upon confidential opinions of bar members and the judiciary . The “ A ” attests to the individual ’ s legal ability , expertise and qualifications . The “ V ” addresses the individual ’ s adherence to professional standards of conduct , ethics , reliability , and diligence . At Byrd & Gonzalez , P . A , we are experienced in handling personal injury and property damage claims resulting from an accident . If you are injured in an accident , call and speak with us for a free consultation , before speaking with an insurance company .
Anthony J . Gonzalez , Jr ., Esq . Board Certified Civil Trial Lawyer Byrd & Gonzalez , P . A . 217 N Lois Ave . Tampa , FL 33609 Phone 813-281-8801 AskElAbogado @ thelatinvillage . com www . byrdandgonzalezlaw . com
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