Who Can You Sue if the Other Driver is Uninsured or Underinsured?
If you are injured in a West Palm Beach car accident and the other driver is uninsured/underinsured, you may have a claim against the UM carrier (Uninsured Motorist Coverage). This is coverage the Plam Beach County accident victim has through his/her own insurance carrier. There is a 5 year statute of limitations on suing a UM carrier versus a 4 year statute of limitations on suing the other driver or tortfeasor.
UM coverage acts like a replacement insurer for underinsured motorists. This is why you need to be particularly careful when choosing UM coverage. GET PLENTY OF IT! The other guy is only required to have $10,000 in personal injury protection coverage or PIP. Florida statute allows the UM carrier who has paid the amount offered by the tortfeasor upon final resolution of the UM claim to seek subrogation against the underinsured motorist for the amounts paid.
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