Cape Coral Uninsured/Underinsured Accident Attorneys

Attorneys in Cape Coral Helping Injured People

People deemed liable for car accidents typically do not actually pay for the damages they cause. Instead, insurance companies foot the bill for the cost of medical treatment and other losses that arise out of collisions. Many motorists throughout Florida do not have automobile insurance, though, or lack sufficient coverage to pay for the costs associated with the harm caused by a collision. Individuals hurt in uninsured and underinsured motorist accidents are not without recourse, however, and in many cases, they can recover benefits from their own insurers. If you were hurt in an accident with an uninsured or underinsured motorist, you should speak to an attorney about your options for seeking compensation. The dedicated Cape Coral car accident lawyers of Lusk, Drasites & Tolisano, P.A. will analyze the facts surrounding your accident and develop a strategy to help you pursue any benefits recoverable. We frequently assist people with claims arising out of motor vehicle collisions in Cape Coral and other cities throughout Florida.

Florida’s Insurance Laws

Florida has laws that establish the minimum insurance each person is required to carry to operate a vehicle. Specifically, it is mandatory to carry personal injury protection, which provides benefits for harm an insured sustains in an accident, as well as property damage liability coverage, which provides coverage for damages caused to another party’s vehicle. Notably, however, Florida does not require motorists to carry bodily injury liability insurance. While some drivers elect to purchase this coverage, it is often in amounts insufficient to reimburse people with substantial injuries for the cost of their medical treatment.

Drivers also have the option to purchase underinsured and uninsured motorist coverage as well. In insurance terms, a driver that lacks any insurance will be deemed an uninsured motorist while a driver that does not have sufficient insurance to cover the damages caused by an accident is referred to as an underinsured motorist. Underinsured and uninsured motorist coverage allows insured parties to recover amounts from their own insurers that they would have been able to collect from the party that caused the accident, such as medical expenses, lost wages, and out of pocket costs.

Recovering Benefits Following Uninsured and Underinsured Motorist Accidents

Typically, following an accident an injured party will pursue damages from the person that caused the accident. To obtain compensation, the injured party must prove liability, which usually requires proof of negligence. Even if liability is proven, if an at-fault driver does not have adequate insurance the injured party may be left with substantial damages. Similarly, if a driver has no insurance, or an accident is caused by a hit and run driver, there will be no insurance benefits available, other than those that cover the injured party.

Simply because drivers are involved in uninsured and underinsured motorist accidents, does not mean that an injured party does not have an option for seeking payment. Rather, in such instances the injured party may be able to file a claim for uninsured or underinsured motorist benefits under his or her policy, seeking benefits up to the amount of the coverage limits. Once a claim is filed with an insurer, the injured party will usually have to present evidence regarding the damages caused by the accident. Such evidence may include medical bills, pay stubs, receipts for services rendered, and other documentation of the costs accrued. The insurer must then resolve the claim within a certain time period. If an insurer denies an insured’s claim or fails to pay the insured the full amount of benefits owed, the insured may be able to pursue damages from the insurer.

Meet with a Trusted Attorney in Cape Coral

Recovering benefits after an accident with a person with inadequate or absent insurance coverage can be complicated, and it is wise for anyone involved in such an accident to speak to a lawyer. If you were hurt in an accident caused by an underinsured or uninsured motorist, the attorneys of Lusk, Drasites & Tolisano, P.A. can help you fight to recover the full amount of damages you might be owed. We frequently assist people injured in car accidents in cases in Cape Coral and Fort Myers, and Naples. 

We have offices in Cape Coral, Naples, and Fort Myers, where you can contact us by calling (239) 908-4930 or using our online form.

Awards & Associations

  • Greater Fort Myers Chamber of Commerce
  • American Association for Justice
  • Bonita Springs Area Chamber of Commerce
  • Avvo
  • Southwest Florida Hispanic Chamber of Commerce
  • The Best of Cape Coral 2020
  • The National Top 100 Trial Lawyers
  • BBB Accredited Business
  • SWFL Inc.
What Sets Us Apart
  • No Fees Until We Win
    We offer Free Consultations, and work on Contingency Fees for Personal Injury cases. This means we ask for nothing from you until your injury case is concluded.
  • Prioritizing Your Experience

    As a member of our community, we want to put your needs first, far ahead of the bottom line. We treat our clients like people, and never just like cases. 

  • In Practice Since 1982
    We at Lusk, Drasites & Tolisano have been in practice for 40 years, which means you can count on our skill, experience, and community value to help you through your case.

Client Testimonials

  • "Answering all my questions and making me feel very important."
    Shannon D.
  • "Highly recommend."
    Rebecca M.
  • "There isn't enough stars for me to give."
    Lynn E.

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