Getting injured in a car accident is stressful enough. Finding out that the driver who caused the crash has no insurance-or not enough insurance to cover your losses-can make the situation even more frustrating.
The lack of insurance does not necessarily mean you have no options. Florida’s insurance system includes Personal Injury Protection (PIP), and some drivers also carry uninsured or underinsured motorist coverage. At our firm, we help Florida accident victims identify the insurance coverage that may apply and determine what options are available based on the facts of their case.
Key Takeaways
- An uninsured at-fault driver does not automatically mean you cannot pursue compensation.
- Florida PIP coverage may pay qualifying medical and disability benefits regardless of who caused the crash.
- Uninsured/underinsured motorist coverage may provide additional protection when an at-fault driver has no insurance or inadequate bodily injury liability coverage.
- Florida allows insured drivers to reject uninsured motorist coverage in writing under certain circumstances.
- Reviewing all available insurance policies is an important part of investigating a car accident claim.
- A car accident attorney can help identify potential sources of recovery and handle communications with insurers.
What Happens When the Other Driver Has No Insurance?
Your first step is to determine exactly what insurance coverage exists.
Florida is a no-fault insurance state for certain accident-related benefits. Personal Injury Protection coverage generally provides qualifying medical and disability benefits regardless of who caused the accident.
Under Florida’s current PIP statute, policies generally provide up to $10,000 in medical and disability benefits, subject to statutory requirements and limitations. Initial medical services generally must be received within 14 days of the accident.
PIP can help with certain immediate expenses, but serious injuries can create losses that extend beyond available PIP benefits. That is where other insurance coverage becomes particularly important.
What Is Uninsured Motorist Coverage?
Uninsured motorist coverage, commonly called UM coverage, is designed to protect insured people who are legally entitled to recover bodily injury damages from an uninsured driver.
Florida Statute §627.727 generally requires an insurer providing applicable bodily injury liability coverage to offer uninsured motorist coverage. However, the named insured can reject that coverage in writing or choose lower limits under the requirements established by the statute.
Because drivers can reject UM coverage, we never assume a client has it. We review the actual insurance policy and coverage documents.
What If the Other Driver Has Insurance but Not Enough?
This is where underinsured motorist coverage may become relevant.
A driver might technically have insurance but carry bodily injury limits that are too low to cover the damages caused by a serious accident. Florida’s uninsured motorist statute recognizes certain insured vehicles as underinsured when the available bodily injury liability coverage is less than the damages sustained by the injured person.
For example, a collision involving surgery, significant lost income, or long-term medical treatment could result in damages well beyond a driver’s available liability limits.
Whether additional UM benefits are available depends on the injured person’s policy and the circumstances of the claim.
Why Should You Review Your Own Insurance Policy?
After another driver causes an accident, many people naturally focus entirely on that driver’s insurance.
We look further.
Your own policy may contain PIP, uninsured motorist coverage, medical-payment coverage, collision coverage, or other provisions that could become relevant. Household policies may also need to be reviewed depending on the circumstances.
Florida law contains specific rules governing uninsured motorist coverage, including written rejection, lower-limit selections, and different forms of coverage. That is why simply looking at the other driver’s insurance card may not tell the whole story.
How Can a Car Accident Attorney Help?
An uninsured-driver claim can involve several insurance questions at once.
At our firm, we can investigate the accident, review available policies, document injuries and losses, communicate with insurance companies, and determine which potential sources of compensation should be considered.
LawKevin.com states that Attorney Kevin L. Sullivan II represents accident victims throughout Florida, offers free consultations, and charges attorney’s fees only if he wins for the client.
Conclusion
Being hit by an uninsured driver can complicate a Florida car accident claim, but it does not automatically eliminate your options.
PIP benefits may cover certain initial losses, while uninsured or underinsured motorist coverage may provide additional protection when available. The key is identifying every applicable policy rather than assuming the other driver’s lack of coverage ends the claim.
At our firm, we help accident victims review those options and understand what Florida law may allow. If you were injured by an uninsured or underinsured driver, we can review your case and insurance coverage during a free consultation.
Frequently Asked Questions
Can I recover money if an uninsured driver hits me in Florida?
Potentially. Available recovery depends on factors such as your injuries, PIP benefits, uninsured motorist coverage, other applicable insurance, and the facts surrounding the accident.
Is uninsured motorist coverage required in Florida?
Florida law generally requires insurers issuing applicable bodily injury liability coverage to offer UM coverage, but a named insured may reject it in writing or select lower limits under statutory requirements.
What is the difference between uninsured and underinsured motorist coverage?
Uninsured motorist coverage addresses qualifying accidents involving drivers without applicable insurance. Underinsured coverage can apply when the at-fault driver’s bodily injury liability coverage is insufficient to cover the injured person’s damages, subject to policy terms and Florida law.
Does PIP cover an accident caused by an uninsured driver?
Florida PIP generally provides qualifying benefits without regard to fault, subject to statutory conditions, coverage limits, and treatment requirements.
Should I contact an attorney if the other driver has no insurance?
It can be helpful because the absence of liability insurance does not necessarily reveal every potential source of coverage. We can review the applicable policies and evaluate the options available for your specific accident.
This post was written by a professional at LeavenLaw. Attorney Kevin L. Sullivan II is your zephyrhills accident lawyer and an experienced personal attorneynear you for LeavenLaw. Kevin is proud to serve Florida accident victims that have been injured in auto accidents, motorcycle accident, slip and falls or have suffered any other type of injury caused by negligence. Kevin offers a FREE no-obligation consultation to discuss your claim. There are NO upfront fees or costs and if he does not collect for you, you do not owe him anything.