TL;DR
- Florida requires drivers to carry only personal injury protection (PIP) and property damage liability, not bodily injury liability, so an at-fault driver may have nothing to pay for your injuries.
- A study by the Insurance Research Council, reported by News4JAX, put Florida at about 20.6% uninsured drivers and 38.3% underinsured drivers.
- Your own uninsured motorist (UM) coverage may pay when the at-fault driver is uninsured, underinsured, or cannot be identified, depending on your policy's terms.
- UM coverage must be rejected in writing, so check your declarations page to see whether you have it and at what limits.
- Do not sign a release with the at-fault driver's insurer before you understand how it could affect your UM claim.
- Your own insurer will evaluate your claim like any other insurer would. Get advice before giving a recorded statement.
Most Florida drivers assume that if someone else causes a crash, that person's insurance will cover the damage. In Florida, that assumption fails more often than almost anywhere else. If you are hurt by a driver with no insurance, too little insurance, or a driver who drives away, your own policy may be the best source of recovery you have. This guide explains how uninsured motorist coverage works, how to find out whether you have it, and what to do first. If you were injured, a Florida car accident lawyer can review your situation at no cost.
Why Uninsured Drivers Are a Real Risk in Florida
Florida is unusual among states in what it requires. According to the Florida Department of Highway Safety and Motor Vehicles, vehicle owners must carry at least $10,000 in PIP and $10,000 in property damage liability. Bodily injury liability, the coverage that pays other people for injuries you cause, is not part of the basic requirement.
That gap shows up in the numbers. An Insurance Research Council study reported by News4JAX found that Florida ranked seventh nationally for uninsured motorists, at 20.6% of drivers, and that 38.3% of Florida drivers were underinsured, meaning their coverage would not be enough to cover the costs of a serious crash.
What Uninsured Motorist Coverage Is
UM coverage is part of your own auto policy. It pays when you are legally entitled to recover damages from a driver who has no insurance, or not enough, or who cannot be identified. Florida's uninsured motorist statute governs how it works.
Under that statute, a motor vehicle liability policy that includes bodily injury liability coverage cannot be issued in Florida without uninsured motorist coverage, unless the named insured rejects it in writing. The rejection, or the choice of lower limits, has to be made on an approved form, and insurers must notify policyholders at least once a year of their options.
The coverage sits on top of your other benefits. It is meant to cover the difference between what you receive from sources such as PIP and the damages you are entitled to recover, up to the limits you carry. It does not duplicate those benefits.
Uninsured vs. Underinsured
Florida law treats the two situations together. A vehicle counts as "uninsured" for UM purposes when it has no coverage, but also in some situations where the driver has insurance. The statute includes cases where the at-fault driver's insurer is insolvent, and cases where the driver's bodily injury limits are lower than the total damages the injured person sustained.
Hit-and-Run and Unidentified Drivers
When the at-fault driver leaves the scene and cannot be found, many policies treat that as an uninsured motorist situation. The specific requirements, such as police reporting and notice to your insurer, come from your policy language, so read it closely and report the crash to police right away. Our article on wrong-way driver accidents in Florida covers another situation where the responsible driver may be hard to identify or may be uninsured.
Do You Actually Have UM Coverage?
This is the question to answer before you need it. Look at your declarations page, the summary at the front of your policy, or call your agent and ask three things:
- Does my policy include bodily injury liability coverage?
- Do I have uninsured motorist coverage, and what are the limits?
- Did I ever sign a form rejecting it or choosing lower limits?
Because UM coverage is tied to policies that include bodily injury liability, a driver who carries only the minimum PIP and property damage coverage may not have UM coverage at all. If you are not sure, ask your agent for a copy of the selection or rejection form on file.
Stacked vs. Non-Stacked UM Coverage
Florida law lets insurers offer a non-stacked version of UM coverage. With stacked coverage, the limits on each vehicle you insure can be added together. With non-stacked coverage, they cannot, and the coverage available generally depends on the vehicle you were occupying at the time of the crash.
The statute requires that a non-stacked policy come with a premium reduction of at least 20 percent, and the choice must be made on an approved form. If you have more than one vehicle on your policy, find out which version you chose.
What a UM Claim Can Pay For
A UM claim is built on what you could have recovered from the at-fault driver. That generally includes medical expenses beyond what PIP pays, lost income, and, in more serious cases, pain and suffering. For the non-economic part, the statute provides that a UM insurer's liability does not include damages for pain, suffering, mental anguish, and inconvenience unless the injury meets the same thresholds that apply to claims against an at-fault driver.
If you had earlier injuries or conditions, read our guide on pre-existing conditions and Florida injury claims, because insurers often use medical history to argue that a problem was not caused by the crash.
What to Do After a Crash With an Uninsured or Unidentified Driver
- Call 911 and report the crash. A police report matters even more when the other driver is uninsured or has left.
- Collect information. Get the other driver's name, plate number, and insurance information if they stayed. If they fled, note a description of the vehicle, the direction it went, and any witnesses.
- Seek medical care promptly. Your health comes first, and PIP has its own rules about timing for initial treatment, so do not wait.
- Photograph everything. Document the vehicles, the road, injuries, and any traffic cameras or businesses nearby that may have video.
- Notify your own insurer. Policies include notice requirements, and late notice can create problems.
- Talk to an attorney before signing anything. This is especially important if the other driver has some insurance, as explained below.
How a UM Claim Works With Your Own Insurer
A UM claim is a claim against your own insurance company, and that changes the dynamic. You may expect your insurer to be on your side. In practice, it will evaluate the value of your claim, question the cause and extent of your injuries, and may offer less than your damages justify.
Before you give a recorded statement or sign medical authorizations, understand what you are agreeing to. Our guide on what to do before speaking to insurance explains how adjusters use early statements, and why it is worth getting advice first.
Be Careful Before You Settle With the At-Fault Driver's Insurer
Sometimes the at-fault driver has a small policy. The insurer may offer its limits quickly, and the offer can look appealing. But if that settlement would not fully cover your damages, it could affect your underinsured motorist claim.
Florida's UM statute sets out a process. When an injured person agrees to settle with the at-fault driver's insurer in a way that would not fully satisfy the claim, written notice of the proposed settlement must be sent by certified or registered mail to the UM insurers. Those insurers then have 30 days to authorize the settlement or preserve their right to pursue the at-fault driver by paying you the amount offered. Skipping this process, or signing a release first, can create serious problems.
Frequently Asked Questions
Does Florida require uninsured motorist coverage?
Not exactly. Florida requires insurers to include UM coverage on policies that provide bodily injury liability, but the policyholder can reject it in writing or choose lower limits. Drivers who carry only the basic PIP and property damage coverage may have no UM coverage.
What if the driver who hit me had insurance, but not enough?
That is an underinsured situation. Florida's statute treats a vehicle as uninsured for UM purposes when the driver's bodily injury limits are lower than the total damages the injured person sustained. Notice rules apply before you settle with the other driver's insurer.
What if I was in someone else's car, or was a passenger?
UM coverage can apply to more than the policyholder, depending on the policy and who was insured under it. Which policy applies, and in what order, can get complicated. Speak with an attorney about the specific facts.
Does UM coverage pay for pain and suffering?
It can, but Florida's statute ties non-economic damages in a UM claim to the same injury thresholds that apply to claims against an at-fault driver. The more serious or permanent the injury, the more likely those damages are in play. An attorney can evaluate where your injury falls.
Should I call a lawyer even if I think I have a small claim?
A free consultation costs nothing, and many people find out that their situation, such as a settlement offer from the other driver's insurer, has legal consequences they did not expect. A lawyer can tell you quickly whether you have a claim worth pursuing.
Hit by an Uninsured Driver? Know Your Options Before You Sign Anything
When the person who caused your crash cannot pay, your own coverage and the rules around it become the heart of your case. At JDLE Lawyers, we help Miami-Dade families check their coverage, deal with insurers, and avoid mistakes that can cost them compensation. We work with clients in English and Spanish across Hialeah, Doral, Kendall, Coral Gables, and nearby communities.
Call (305) 363-7855 or request a free consultation to talk through your options.