Being involved in a car accident is stressful enough, but discovering that the at-fault driver has no insurance can make the situation even more overwhelming. Unfortunately, uninsured drivers are more common than many people realize—especially in Florida.
If you were injured in an accident caused by an uninsured or underinsured driver, you still have legal options to recover compensation. This guide explains how uninsured/underinsured motorist coverage works in Florida, what steps you should take after an accident with an uninsured driver, and how an experienced personal injury attorney can help protect your rights.
How Common Are Uninsured Drivers in Florida?
According to the Insurance Information Institute, Florida ranks among the top states for uninsured drivers, with approximately 1 in 5 drivers lacking insurance coverage. This high rate poses significant challenges for injury victims seeking compensation after a crash.
Florida’s No-Fault Insurance System and PIP Coverage
Florida operates under a no-fault insurance system, meaning your own Personal Injury Protection (PIP) coverage is your first source of compensation, regardless of who caused the crash.
What PIP Covers:
- Up to 80% of medical bills
- Up to 60% of lost wages
- A maximum of $10,000 in benefits (or less for minor injuries)
While PIP can help with initial expenses, it often falls far short of covering the full cost of serious injuries—especially if you require long-term treatment or are unable to work.
What is Uninsured/Underinsured Motorist (UM/UIM) Coverage?
Uninsured motorist (UM) and underinsured motorist (UIM) coverage are optional forms of insurance designed to protect you when the at-fault driver has no insurance—or not enough to cover your damages.
What UM/UIM Coverage Can Pay For:
- Medical expenses exceeding your PIP limits
- Lost wages and future income losses
- Pain and suffering
- Long-term rehabilitation costs
If you purchased UM/UIM coverage, you can file a claim directly with your own insurance company to recover compensation. Your insurance provider essentially steps into the shoes of the uninsured driver, covering your damages up to your policy limits.
What If You Don’t Have UM/UIM Coverage?
If you do not carry UM/UIM coverage, your options become more limited. Potential avenues may include:
1. Pursuing the Uninsured Driver Personally
You could file a personal injury lawsuit directly against the at-fault driver. However, many uninsured drivers lack sufficient assets to pay a judgment, making this option risky.
2. Exploring Other Policies
If you were a passenger or driving a vehicle owned by someone else, you may be covered by the vehicle owner’s UM/UIM policy or other applicable coverage.
3. Identifying Additional Responsible Parties
In some cases, third parties—such as employers (for commercial vehicle accidents), vehicle manufacturers, or government agencies—may bear some liability.
Steps to Take After a Crash with an Uninsured Driver
If you are involved in an accident with an uninsured or underinsured driver, follow these steps to protect your legal rights and financial recovery:
1. Call the Police and Document the Scene
A police report is crucial, especially when the at-fault driver has no insurance. Collect driver and vehicle information, and take photos of the scene, vehicle damage, and any visible injuries.
2. Seek Medical Attention Immediately
Document your injuries right away. Delays in treatment can hurt both your health and your injury claim.
3. Notify Your Insurance Company
Inform your insurer that the at-fault driver was uninsured. If you have UM/UIM coverage, you may need to file a claim.
4. Consult an Experienced Personal Injury Attorney
Navigating an uninsured motorist claim can be complex, and insurance companies may undervalue or deny valid claims. An attorney can help ensure you receive the compensation you deserve.
Why UM/UIM Coverage Is So Important in Florida
Because so many Florida drivers lack insurance, carrying UM/UIM coverage is one of the best ways to protect yourself financially. While not required under Florida law, it is a valuable safety net if you suffer serious injuries in a crash caused by an uninsured driver.
Protecting Yourself After an Accident with an Uninsured Driver
Finding out the at-fault driver is uninsured adds stress to an already difficult situation—but you still have options for recovering compensation. PIP benefits, UM/UIM coverage, and potential personal injury claims may all play a role in securing the financial recovery you need.
If you’ve been injured by an uninsured driver in Florida, contact Warren Chin at ECD Law at (941) 366-8888 for experienced guidance on your legal options.