Getting hit by a driver without insurance creates a frustrating situation. You’re dealing with injuries, vehicle damage, and mounting bills, but the at-fault driver has no coverage to pay for any of it. Florida has one of the highest rates of uninsured drivers in the country. This scenario happens more often than most people realize.
Florida’s Insurance Requirements Don’t Always Protect You
Florida requires drivers to carry personal injury protection (PIP) and property damage liability coverage. Sounds reasonable, right? But there’s a catch. The state doesn’t mandate bodily injury liability insurance for most drivers.
In Florida, a driver can legally be on the road without the kind of coverage that pays for injuries and damages to other motorists. If a crash is caused by an uninsured motorist, your insurance company is on the hook for recovery costs. This is why uninsured motorist coverage is paramount for drivers in Florida.
What Uninsured Motorist Coverage Actually Does
Uninsured motorist coverage is optional in Florida. Most people don’t think about it until they need it. This coverage pays for medical expenses, lost wages, and pain and suffering that result from the accident. It essentially steps in as a substitute for the insurance the at-fault driver should’ve had.
There are two types:
- Uninsured Motorist Bodily Injury (UMBI): Covers medical bills, lost income, and non-economic damages like pain and suffering
- Uninsured Motorist Property Damage (UMPD): Pays for repairs to your vehicle when the other driver has no insurance
If you rejected this coverage when you purchased your policy, you won’t have it available after a crash. It’s that simple.
Your Options When The At-Fault Driver Has No Insurance
Let’s say you don’t have UM coverage and the other driver is uninsured. Recovering compensation becomes significantly harder. You can file a lawsuit directly against the at-fault driver, but most people without insurance also lack the financial resources to pay a judgment. Winning in court doesn’t mean much if there’s nothing to collect.
Your PIP coverage will pay for some of your medical expenses regardless of fault. Florida’s PIP benefits cap at $10,000, though. Serious injuries often exceed that amount quickly. You might also have medical payments coverage (MedPay) on your auto policy, which provides additional funds for treatment.
How We Handle These Cases
We’ve handled numerous cases involving uninsured drivers. The approach varies based on what insurance coverage exists. Our first step is reviewing all available policies, including your own auto insurance, health insurance, and any umbrella policies that might apply.
If you have UM coverage, we’ll file a claim with your own insurance company. Even though this is your insurer, they often fight these claims aggressively. Insurance companies sometimes argue about the extent of injuries, the amount of lost wages, or whether the other driver was truly uninsured. They’re not doing you favors just because you’ve been paying premiums for years.
We gather medical records, wage documentation, and accident reports to build a strong claim. In some cases, we’ll need to file a lawsuit against your own insurance carrier to get fair compensation through your UM policy. At Loshak Law PLLC, we’ve seen how these claims unfold from start to finish. Each case brings its own challenges, but the fundamentals remain consistent.
Why Underinsured Motorist Coverage Matters Too
Underinsured motorist coverage works similarly to UM coverage, but it applies when the at-fault driver has insurance that’s insufficient to cover your damages. Say someone causes a crash and has only $10,000 in bodily injury coverage, but your medical bills and lost wages total $50,000. Your UIM coverage can make up the difference.
Florida doesn’t require UIM coverage either. You’ll only have it if you specifically purchased it. We recommend both UM and UIM coverage to every client who asks about insurance options.
The Timeline For Resolving Uninsured Motorist Claims
These cases often take longer than standard insurance claims. Your carrier may dispute the value of your claim. Insurance companies know that many people will accept a low settlement rather than wait months or years for full compensation.
We’ve seen insurers delay medical record reviews, request unnecessary documentation, and make lowball offers that don’t reflect the true cost of the accident. Patience and persistence typically lead to better outcomes. It’s not always easy, but it’s usually worth it. Working with a Hollywood Car Accident Lawyer can help you understand what your claim is actually worth. Insurance adjusters count on people not knowing their rights.
If you’ve been hit by an uninsured driver, don’t assume you’re out of options. We review every available source of coverage and fight for the compensation you deserve. Contact our team today to discuss your case with a Hollywood Car Accident Lawyer who understands how to handle these challenging situations.
