Being hit by an uninsured driver in Palm Bay is more common than most people expect. Florida consistently ranks among the states with the highest rates of uninsured motorists, and Brevard County is no exception. When the at-fault driver has no insurance, the path to compensation is different but not necessarily closed. Understanding how Florida law addresses uninsured driver accidents and what coverage applies puts injured Palm Bay residents in a better position to pursue what they are owed.
How Common Uninsured Drivers Are in Florida
Florida law requires drivers to carry personal injury protection and property damage liability coverage, but does not require bodily injury liability coverage. That gap means a significant number of Florida drivers are on the road carrying coverage that compensates others for property damage but provides nothing for the bodily injuries they cause. When one of those drivers hits a Palm Bay resident and causes serious injuries, the injured person cannot collect from the at-fault driver’s nonexistent bodily injury policy.
Florida’s PIP Coverage as a First Step
Florida’s no-fault system requires every registered vehicle owner to carry at least $10,000 in personal injury protection coverage. After a Palm Bay accident, your own PIP pays a portion of your medical expenses and lost wages regardless of who was at fault, including when the at-fault driver is uninsured. PIP covers 80 percent of reasonable medical expenses and 60 percent of lost wages up to the $10,000 limit.
For minor injuries, PIP may cover the immediate costs. For serious injuries, $10,000 is quickly exhausted. That is where uninsured motorist coverage becomes the critical safety net.
How Uninsured Motorist Coverage Works in Palm Bay
Uninsured motorist coverage, often called UM coverage, is an optional add-on to a Florida auto insurance policy that pays compensation to the policyholder when they are injured by a driver who has no bodily injury liability insurance. Florida law requires insurers to offer UM coverage, but drivers can waive it in writing. Many do, often without fully understanding what they are giving up.
When UM coverage applies in Palm Bay, it can compensate for:
- Medical expenses beyond what PIP covers, including surgery, hospitalization, and rehabilitation
- Full lost wages and lost earning capacity not fully covered by PIP’s 60 percent limit
- Pain and suffering damages that the no-fault system does not provide
- Future medical costs when injuries require ongoing or long-term treatment
- Loss of consortium when a spouse’s injury significantly affects the marital relationship
When a Palm Bay driver has UM coverage and is hit by an uninsured motorist, they file a claim against their own insurer. The claim proceeds essentially like a standard injury claim, with the insurer stepping into the shoes of the at-fault driver. A Palm Bay car accident lawyer handles the UM claim process and negotiates with the insurer to make sure the settlement reflects the actual value of the injuries.
What If You Have No UM Coverage
If a Palm Bay driver waived UM coverage and is hit by an uninsured motorist with serious injuries, the options are more limited. The at-fault driver can be sued personally, but a driver who carries no insurance typically has no meaningful assets to satisfy a judgment. PIP is the primary available source of recovery. This is the practical consequence of waiving UM coverage and the reason insurance professionals consistently recommend carrying it.
Loshak Law PLLC is a Florida personal injury firm with more than 13 years of experience representing accident victims in Palm Bay and throughout the state. Founding attorney Brandon F. Loshak holds an AV Preeminent rating from Martindale-Hubbell. Free consultations are available and the firm handles cases on contingency.
Pursuing Compensation After an Uninsured Driver Accident in Palm Bay
If you were hit by an uninsured driver in Palm Bay and are unsure what coverage applies or how to proceed, speaking with a Palm Bay car accident lawyer is the most direct way to understand your options and pursue the compensation available to you under Florida law.
