#6 in a series of discussions on Florida’s Motor Vehicle No-Fault Laws
So you have chosen to stand up for yourself and hold the wrongdoer who negligently caused a Florida car, motorcycle or trucking accident responsible for your injuries and damages (and hopefully their insurance company), how do you go about doing that?
While you have the right as a matter of law to immediately file a lawsuit against the person and/or company responsible for your serious injuries, as a practical matter, you may want to determine whether that wrongdoer will be financial responsible for your losses before doing so.
The most efficient means of determining this information is by placing the wrongdoer on written notice of your intent to sue and demand their insurance information pursuant to F.S. 627.4137. This statute requires the wrongdoer to provide information concerning the name of their car, motorcycle or truck insurance carrier, the amount and types of insurance coverage provided for the wrongdoer, and whether there will be any coverage defenses where they might attempt to deny your claim.
Every licensed operator of a vehicle in the State of Florida has a duty to maintain financial responsibility.
Unfortunately, at times more than 60% of the persons causing vehicular accidents in the State of Florida were financially irresponsible, i.e., uninsured which oftentimes seems to go hand in hand with how irresponsibly they operate their vehicles.