How Car Accident Attorneys Can Help
Florida law mandates that all drivers carry a minimum level of insurance to operate a vehicle legally. Drivers who flout this law are classified as uninsured motorists. When these drivers cause an accident, victims often have to turn to their own insurance company for compensation. This is where experienced car accident attorneys can make a significant difference, helping you navigate an uninsured motorist claims.
Excluded vs. Permissive Drivers: A Gray Area in Car Insurance
Sometimes, determining whether the at-fault driver has insurance is straightforward. However, there are situations where the answer is less clear, often involving “excluded” or “permissive” drivers.
A recent case, Lyons v. Direct General Insurance Company of Mississippi, highlights this issue. The victim suffered severe injuries as a passenger in a vehicle driven by an excluded driver. An excluded driver is someone specifically removed from coverage under the insurance policy.
Why Drivers Are Excluded
There are various reasons why a policyholder might exclude a driver, such as:
- High premiums for young drivers: Parents might exclude teenage drivers to avoid increased costs.
- Poor driving record: A driver with a DUI or a history of accidents might be excluded.
The Risks of Driving While Excluded
If an excluded driver operates the insured vehicle (which should never happen), it’s as if they are driving without insurance. Both the driver and the vehicle owner could be held personally liable for damages.
Permissive Drivers and Florida Law
In the Lyons case, the victim argued that the mother’s policy should cover damages caused by any permissive driver. A permissive driver is someone given permission to drive the vehicle and is covered under the owner’s policy.
Florida law requires liability insurance for all operated vehicles. Statutorily, anyone using a vehicle with the owner’s permission, express or implied, is covered by the owner’s policy.
Protecting Yourself After a Car Accident
If you’ve been involved in a car accident with an uninsured or excluded driver, it’s crucial to seek legal help. Car accident attorneys can help you:
- Understand your rights and options
- Negotiate with insurance companies
- File a lawsuit if necessary
- Secure the compensation you deserve
If you’ve been in a car accident in the Miami area, contact the Law Offices of Jose M. Francisco for a consultation with our experienced car accident attorneys. We can help you navigate the complexities of your case and fight for your rights.