Uninsured and Underinsured Motorist (UM) coverage is a critical option for vehicle owners in Florida, where insurers must legally offer this protection. This coverage is essential as Florida’s laws do not mandate drivers to have bodily injury insurance.
UM coverage safeguards you, your family, pedestrians, and any household members without their vehicles, providing a necessary financial safety net against drivers who lack sufficient insurance or none at all.
Our expert attorneys represent clients severely injured in accidents involving uninsured or inadequately insured drivers. Our expertise includes navigating complex cases where clients can “stack” multiple UM policies to enhance compensation.
For a comprehensive evaluation of your case and to understand the full scope of your insurance coverage, contact our legal team for a free consultation today.
Our Florida Uninsured Motorist Accident Attorneys Maximize Your Recovery
In Florida, the absence of mandatory bodily injury liability coverage can complicate compensation recovery for those injured in vehicle accidents. Yet, alternatives exist to aid your recovery, and our skilled car accident lawyers in Florida are prepared to guide you through these options.
Firstly, after any accident in Florida, your initial resource is your Personal Injury Protection (PIP) coverage. This policy automatically addresses 80% of essential medical costs and 60% of lost wages, provided you seek medical attention within 14 days post-accident to qualify for these benefits.
For additional protection, it’s important to consider Uninsured Motorist (UM) coverage. This coverage comes into play when an at-fault driver lacks insurance, providing coverage for injuries and losses under the same limits as your bodily injury liability, if not higher.
Remember, UM coverage is elective, and Florida law mandates its rejection only in writing. If you haven’t formally declined this coverage, it’s likely included in your policy.
We encourage you to review your policy and understand your rights.
If your damages exceed what PIP and UM insurance provide, it’s crucial to consider pursuing a lawsuit against the negligent driver. Our attorneys can conduct a detailed assessment of your case to determine if legal action is advisable, with the goal of securing the maximum compensation you deserve.
Seeking legal advice in such situations can make a significant difference in the outcome of your case.
How Our Florida Uninsured Motorist Accident Law Firm Protects Clients’ Rights After an Accident
The CEO Lawyer Personal Injury Law Firm is dedicated to protecting your rights if you’ve been injured in an accident caused by an uninsured or underinsured driver. In Florida, where no-fault laws apply, your first recourse is often your insurance policy to cover medical bills and damages.
However, additional options exist to pursue compensation if your coverage falls short and the at-fault driver lacks sufficient insurance.
- Uninsured Motorist Coverage (UM): If you carry bodily injury liability insurance, your policy likely includes UM coverage equal to your liability limits. This coverage steps in when the responsible party has no or inadequate insurance. If you didn’t waive this coverage when purchasing your policy, it can help bridge the gap.
- Policy Stacking: Some individuals may have more than one insurance policy that can be used to cover the damages from a single accident, such as policies on multiple vehicles. This can provide extra financial protection in cases of significant injury or damage.
- Filing a Personal Injury Lawsuit: You can also file a claim against the uninsured or underinsured motorist. However, these drivers often lack the financial means to pay damages, making recovery difficult. A personal injury lawsuit might offer the only chance to seek compensation for non-economic damages, such as pain and suffering or emotional distress.
How Common Are Uninsured Drivers in Florida?
According to a 2023 report from the Insurance Research Council, around 16% of drivers in Florida were uninsured in 2022. This figure places Florida among the states with a higher percentage of uninsured motorists, exceeding the national average of 14%.
Despite insurance being a legal requirement for drivers, Florida ranks 15th in the country for the number of uninsured drivers on the road.
The high rate of uninsured motorists in Florida poses a significant risk for drivers involved in accidents, as those hit by an uninsured driver may struggle to recover compensation for medical bills and damages. This makes having Uninsured Motorist (UM) coverage a critical consideration for Florida drivers. UM, coverage can help protect you financially in an accident with an uninsured driver, ensuring you have the resources to cover medical expenses and other losses even when the at-fault party lacks proper insurance.
The Importance of UM/UIM Insurance in Florida
Uninsured Motorist (UM) and Underinsured Motorist (UIM) coverage is crucial in Florida, a state with a notably high rate of uninsured drivers. This combined coverage, offered as one policy in Florida, provides a safety net if you’re in an accident where the at-fault driver lacks adequate bodily injury liability insurance.
In Florida, a No Fault state, your Personal Injury Protection (PIP) insurance initially covers medical bills and lost wages. However, should these expenses exceed your PIP limits following an accident with an uninsured or underinsured driver, UM/UIM coverage becomes essential.
Consider this scenario: you’re in an accident, resulting in $50,000 in medical expenses and lost wages. If the at-fault driver is uninsured or underinsured, without UM/UIM coverage, you might have to cover these costs out-of-pocket.
Shockingly, Florida ranks fifth nationwide for uninsured drivers. Only just half of drivers carry the state’s minimum required insurance, and nearly 25% have no car insurance. This reality highlights the importance of UM/UIM coverage to safeguard against significant financial strain from accidents with underinsured or uninsured drivers.
Accident With an Uninsured Motorist? Here’s How to Protect Yourself
If you are in an accident caused by an uninsured driver in Florida, managing the situation carefully is crucial for protecting your interests.
Here’s a comprehensive guide on how to handle such incidents:
- Report the Accident: Immediately contact law enforcement to report the accident. Having a police report is essential for legal and insurance purposes. At the scene, gather as much information as possible, including the other driver’s contact details, the vehicle’s make and model, the license plate number, and any witness accounts.
- Prioritize Your Health: Seek immediate medical attention, regardless of how minor your injuries may appear. Some injuries may not show symptoms immediately but could have long-term effects. Keeping thorough records of all medical treatments and interactions with healthcare providers will support any insurance claims or legal actions.
- Inform Your Insurance Provider: Notify your insurance company about the accident promptly. Provide them with a detailed account of the incident and the other driver’s uninsured status. If your policy includes uninsured motorist (UM) coverage, you can file a claim for damages and injuries.
- Document Everything: Document all damages to your vehicle, personal injuries, and other losses. Collect and organize receipts, medical bills, and repair estimates. If possible, take photographs of the accident scene and the damages. These documents are vital for your insurance claim and any legal proceedings.
- Legal Consultation: Consult a Florida personal injury attorney experienced in uninsured motorist accidents. A skilled lawyer can offer advice, help you understand your rights, and represent your interests in negotiations or court, if necessary.
- Handle Settlement Offers Carefully: If the uninsured driver proposes to settle the damages out of pocket, proceed cautiously. Always discuss any offers with your attorney and insurance agent to ensure your rights and future claims are not compromised.
What if My Uninsured Motorist Coverage Falls Short?
In some cases, uninsured motorist (UM) coverage may not fully cover the expenses incurred from a serious accident. This is especially true when the accident results in severe injuries, where medical bills and other associated costs can quickly exceed your policy limits, leaving you with a significant financial burden.
If your UM coverage is insufficient, you may have the option to file a lawsuit directly against the at-fault driver. This could provide additional compensation beyond what your UM policy offers.
However, many uninsured drivers lack insurance due to financial constraints, which may also mean they have limited assets to pay for damages in a lawsuit.
If your insurance isn’t enough to cover your losses, pursuing a personal injury lawsuit could be a viable option to recover further compensation. An experienced Florida car accident lawyer can evaluate your case, determine the best course of action, and help you explore all available avenues for securing the compensation you need.
Take Action Quickly After an Accident with an Uninsured Motorist
In Florida, injured victims have up to two years to file a personal injury claim following an accident, but it’s crucial not to delay. If you’ve been involved in an accident with an uninsured driver, immediately reaching out to a skilled attorney is essential.
Critical evidence needed to support your claim, such as accident reports or witness statements, may only be available for a limited time. Our experienced lawyer will need time to gather this evidence, review your medical records, and build a compelling case on your behalf.
Missing the deadline to file could mean forfeiting the financial compensation you’re entitled to. Filing an uninsured motorist claim may provide the funds necessary for medical expenses and other financial burdens following the accident.
By acting promptly, you ensure the best chance of securing the financial resources you need for recovery, with nothing to lose and potentially much to gain.
Florida’s Essential Motorist Insurance Requirements
In Florida, drivers are required to carry specific types of insurance to ensure protection in case of an accident. Here are the mandatory coverages every driver in the state must have:
Personal Injury Protection (PIP) Insurance:
As a “no-fault” state, Florida mandates that all drivers carry Personal Injury Protection (PIP) insurance. This coverage helps cover medical expenses and lost wages, regardless of who caused the accident. The minimum required PIP coverage is $10,000, providing essential support for your recovery after an accident.
Property Damage Liability (PDL) Insurance:
In addition to PIP, drivers must also have Property Damage Liability (PDL) insurance, which covers repairing or replacing another person’s property if you’re responsible for the accident. This includes damage to vehicles, buildings, or other property, with a minimum required coverage of $10,000.
Other Insurance Options
While PIP and PDL are the only mandatory coverages in Florida, additional options, such as bodily injury liability coverage, can offer extra protection. Bodily injury liability helps pay for medical costs for others injured in an accident you caused.
Florida also requires insurance providers to offer Uninsured Motorist (UM) and Underinsured Motorist (UIM) coverage, which can protect you if the other driver lacks adequate insurance.
Failing to carry the required insurance in Florida can result in fines, license suspension, and vehicle registration penalties. Maintaining these minimum insurance coverages is essential to driving legally and protecting your financial future.
Our Florida Uninsured Motorist Accident Lawyers Don’t Settle For Less!
If you’ve been injured in an accident caused by someone else, you deserve to have your damages covered. However, navigating Florida’s complicated insurance laws can be challenging, especially if you or the other driver is uninsured or underinsured.
Don’t face these obstacles alone—doing so could leave you overwhelmed and stressed without the compensation you need to recover. At the CEO Lawyer Personal Injury Law Firm, we’re ready to help.
Reach out today at (813) 492-2958 to speak with a dedicated and experienced Florida underinsured motorist attorney who will advocate for your rights and work passionately to secure the compensation you deserve.
Florida Uninsured Motorist Accident FAQ
Can I Still Recover Damages if the At-Fault Driver Has No Insurance?
Yes, if the at-fault driver is uninsured, you may still be able to recover damages through your Uninsured Motorist (UM) coverage, which compensates for injuries and losses caused by uninsured drivers. Suppose your policy doesn’t cover the full extent of your damages.
In that case, a Florida uninsured motorist lawyer can explore additional legal avenues for compensation, including filing a lawsuit against the at-fault driver.
What Happens if My Medical Bills Exceed My UM Coverage Limits?
If your medical bills and damages exceed the limits of your Uninsured Motorist (UM) coverage, you may still have options. A skilled Florida car accident attorney can help you evaluate additional insurance policies you may have or explore the possibility of stacking multiple policies.
In some cases, filing a personal injury lawsuit against the uninsured driver may be necessary to recover further compensation.
Can I File a Claim if the Driver Who Hit Me Was Underinsured?
If the driver responsible for your accident has insufficient insurance to cover your injuries, you can file a claim with your Underinsured Motorist (UIM) coverage. This coverage helps bridge the gap between the at-fault driver’s insurance and your actual damages.
