When you’ve been injured in an accident caused by an uninsured or underinsured driver, it can feel like an uphill battle. Thankfully, with the help of an uninsured motorist lawyer, you don’t have to face this fight alone. Whether you’re dealing with an uninsured motorist claim or seeking compensation from your own insurance policy, expert legal support can ensure you’re not left without options.

What is Uninsured Motorist Coverage (UM) and Underinsured Motorist Coverage (UIM)?

Uninsured Motorist (UM) and Underinsured Motorist (UIM) coverage are crucial forms of protection in Florida. UM coverage helps pay for medical expenses, lost wages, and pain and suffering if you’re involved in an accident caused by someone who has no insurance. On the other hand, UIM coverage applies when the at-fault driver has insurance, but their policy limits are insufficient to cover the full extent of your damages. In both cases, having adequate UM and UIM coverage is vital for protecting your financial well-being.

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Why You Need an Uninsured Motorist Claims Lawyer in Florida

If you are injured by an uninsured driver in Florida, it’s essential to have an experienced uninsured motorist claims lawyer on your side. Florida does not require drivers to carry bodily injury (BI) coverage, which leaves many drivers vulnerable to being hit by an underinsured or uninsured motorist. Understanding the average uninsured motorist settlement can help you set realistic expectations for your case and the compensation you may receive. This is why uninsured motorist coverage is vital, as it serves as a safety net to ensure you can recover damages even if the responsible driver lacks adequate insurance.

Steps to Take After an Uninsured Motorist Accident

  1. Seek Medical Attention: Your health is the top priority. Even if injuries seem minor at first, always get checked by a doctor after an accident. Some injuries may not be immediately apparent but can worsen over time.
  2. Notify Your Insurance Provider: In Florida, after an accident, you must notify your insurance provider about the uninsured motorist. Be sure to discuss your UM and UIM coverage to ensure you’re aware of your options.
  3. Consult with an Uninsured Motorist Accident Lawyer: If you’ve been hit by an uninsured or underinsured driver, a lawyer can help navigate the claim process. They will guide you through the complexities of the law, including dealing with insurance companies who may not want to pay what you are entitled to.

What to Expect in an Underinsured Motorist Accident Claim

An underinsured motorist accident lawyer will help you recover damages when the responsible driver’s insurance is insufficient. In these cases, your own UM or UIM policy can make up the difference. In Florida, if the other driver’s insurance policy is lower than your total damages, your own insurance policy can cover the gap. It’s important to understand that you can sue your own insurance company if they fail to properly handle a claim or offer an unjust settlement.

Uninsured Motorist and Bad Faith Lawsuits

One of the most frustrating aspects of handling an uninsured motorist or underinsured motorist accident is dealing with the insurance company. If the insurer fails to settle within the policy limits when it could have and should have under the circumstances, it can lead to a separate legal process known as a bad faith lawsuit. Under Florida law, if an insurance company fails to act fairly and reasonably, you may be entitled to recover damages above the policy limits. This process requires filing a civil remedies notice and demonstrating that the insurer’s actions were unjust. A bad faith lawyer can help protect your rights and guide you through this process.

Stacked vs. Non-Stacked Uninsured Motorist Coverage

In Florida, there are two options when it comes to UM and UIM coverage: stacked and non-stacked. Stacked coverage allows you to combine the coverage limits across multiple vehicles on your policy, increasing the total coverage available to you in the event of an accident. Non-stacked coverage, on the other hand, limits your coverage to the amount listed on your policy. While stacked coverage is more expensive, it offers greater protection in cases where your damages exceed the at-fault driver’s coverage.

Real Uninsured and Underinsured Motorist Case Settlements

Case 1: $310,000 Uninsured Motorist Settlement – 2023

Our client, a dedicated mother of five and active community volunteer in Central Florida, was driving in Valrico, Florida, when an at-fault driver failed to yield at a stop sign and pulled directly in front of her. The resulting “T-bone” collision caused severe damage to the side of her vehicle.

She sustained a significant neck injury, which an MRI revealed to be a large herniated disc. Over time, her condition worsened, and her surgeon recommended a cervical discectomy with fusion to address the deteriorating disc.

Originally, our client hired a large law firm, but after five months with no progress, she switched to our firm. Upon investigation, we learned that the defendant’s insurance policy was limited to $10,000. Fortunately, our client had purchased uninsured motorist (UM) coverage for $300,000. After filing a lawsuit against both the defendant and our client’s insurance company, the defendant’s insurance paid its $10,000 limits. We then pushed her insurer to pay the full policy limit. The case ultimately settled for a total of $310,000, highlighting the crucial importance of having UM coverage. Without it, our client might have been left with far less compensation for her injuries caused by an uninsured driver.

Case 2: $135,000 Underinsured Motorist Settlement – 2025

Our client was involved in a serious car accident in Lakeland, FL, when a defendant unexpectedly turned left in front of her. Initially, our client did not experience significant pain, but over the following hours, she developed severe discomfort in her neck, head, and lower back. After visiting the emergency room and undergoing treatment, an MRI revealed two herniated discs in her neck.

The at-fault driver had a $25,000 bodily injury liability policy through State Farm, and our client had underinsured motorist (UIM) coverage with State Farm for $100,000. After the defendant’s insurer paid its $25,000 policy limits, we sought additional compensation from our client’s UIM coverage. Initially, State Farm offered only $17,500, which was far below our client’s damages. We fought back and argued that her injuries were permanent, and after pushing for litigation, we successfully secured the full $100,000 in UIM benefits. In the end, the case settled for $135,000, demonstrating the importance of having UIM coverage when the at-fault driver’s insurance falls short.

The Importance of Choosing the Right Coverage

When purchasing car insurance in Florida, always make sure to select the right uninsured motorist coverage. Without UM or UIM coverage, you may find yourself facing a situation where the at-fault driver’s lack of insurance leaves you without the means to pay for medical bills or lost wages. If you’re wondering what happens if you have no insurance but the other driver was at fault in Florida, having UM coverage can protect you from serious financial hardship. Choosing stacked coverage can further protect you by offering more significant compensation in the event of a serious accident. This is especially important if you are involved in a car accident without insurance, as having UM coverage ensures you are not left financially vulnerable.

Contact an Uninsured Motorist Accident Lawyer Near You Today

Dealing with insurance claims, especially those involving UM and UIM coverage, can be challenging. Insurance companies often try to minimize settlements, and the process can become contentious. An uninsured motorist lawyer near you can support you every step of the way, from evaluating your damages to negotiating fair settlements or pursuing litigation.

If you or a loved one has been injured by an uninsured or underinsured driver in Tampa or anywhere in Florida, don’t wait to get the legal support you need. With the right attorney, you can maximize your compensation and hold the responsible parties accountable.

Contact Abrahamson & Uiterwyk today for a free consultation to discuss your case and how we can help you achieve the compensation you deserve.

Call us 24/7 at 800-538-4878 to get your FREE case review.

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