What Happens if the Person at Fault in an Accident Has No Insurance in Florida (Hit by Uninsured Motorist in Florida)

Florida has one of the highest rates of uninsured drivers in the country, with more than 1 in 4 drivers¹ on the road without insurance. In addition, Florida does not require drivers to carry bodily injury liability insurance. However, they are required to carry property damage liability insurance. So, if you’re seriously injured in an accident, your no-fault personal injury protection may not be enough to cover all of your expenses. When that is the case, it’s important to explore other avenues for coverage—and a car insurance lawyer can help you understand your options and fight for the compensation you deserve.

What Happens if You Get Into a Car Accident Where The Other Driver Has No Insurance in Florida?

Wondering what happens if you get into a car accident with an uninsured driver? If you are injured by an uninsured driver, there is little hope of a fair recovery without having uninsured motorist coverage. Additionally, if you are injured by an underinsured driver, you may be limited to that driver’s policy limits, which will be inadequate to fairly compensate you.

What Happens if You Don’t Have Uninsured Motorist Coverage and Are Injured in an Accident in Florida?

If you do not have uninsured motorist (UM) coverage and are injured in an accident caused by an uninsured or underinsured driver, your options for recovering compensation are extremely limited. Since Florida is a no-fault state, your Personal Injury Protection (PIP) will provide some coverage for medical expenses and lost wages, but this is usually capped at $10,000 and only covers 80% of medical bills and 60% of lost wages.

Without UM coverage, here are the potential challenges you may face:

• Limited Recovery from PIP: PIP coverage does not compensate for pain and suffering or damages beyond the policy limit.
• Suing the At-Fault Driver: While you may be able to file a lawsuit against the uninsured or underinsured driver, collecting compensation is difficult if they have no assets or income.
• Medical Expenses and Out-of-Pocket Costs: Without UM coverage, you may be responsible for covering your medical expenses beyond what PIP pays. This can lead to significant financial hardship.
• Health Insurance as a Last Resort: Some medical costs may be covered by your health insurance, but you will still be responsible for deductibles, co-pays, and any expenses not covered by your plan.

Ultimately, not having UM coverage puts you at serious financial risk if you are involved in an accident with an uninsured driver. This is why purchasing UM coverage in the highest amount you can afford is highly recommended.

How to Handle the Immediate Aftermath of the Accident When Hit by Uninsured Driver

As with any accident, it’s important to document the accident to the best of your ability. This includes getting as much information from everyone involved in the accident as possible, as well as obtaining a police report.

Get contact information from all potential witnesses and necessary information from all drivers, such as license and vehicle information, names, addresses, contact information, and insurance details from any insured drivers.

Do not admit liability at the scene of the accident. Remain civil, but do not make any agreements or offers from the uninsured driver. Seek medical attention as soon as possible for any potential injuries and document any necessary repair expenses.

How Much Can I Get From an Underinsured Motorist Claim?

How much compensation you get for an underinsured motorist claim in Florida varies based on the unique circumstances of each situation and the severity of your injuries. Based on our own settlement data on this page, the average uninsured motorist settlement is between $200,000 to $310,000.

$310,000 for an Uninsured Auto Accident in 2023

Our client is a mother of five children and is involved in a myriad of volunteer and philanthropy work in the Central Florida area. She was proceeding down a road in Valrico, Florida when the defendant, who was stopped at a stop sign, pulled right in front of her, violating her right of way and causing a “T-bone” collision to the side of our client’s vehicle.

As a result of the crash, our client suffered a significant injury to her neck. An MRI scan was performed which revealed a large, herniated disc. Later, our client’s surgeon ordered an updated MRI which showed that the herniated disc was deteriorating. The surgeon believed our client needed a cervical discectomy with fusion to repair the damage.

Our client initially hired a large law firm shortly after the accident. Her case lingered in that office for five months with virtually nothing being done to move her case forward. She fired that office and hired our firm to assist her. We quickly discovered that the defendant who caused the accident had only a limited insurance policy of $10,000.00. Fortunately, however, our client had protected herself by purchasing a policy that provided uninsured motorist insurance in the amount of $300,000.00. We filed a lawsuit against the at-fault party and our client’s insurance company. The defendant’s insurance company paid its $10,000.00 limits shortly after the suit was filed. We then prepared a comprehensive demand to our client’s insurer giving them a limited time to pay their policy limits. The conditional demand was accepted, and the case was settled for a total of $310,000.00.

This case demonstrates the importance of having uninsured motorist coverage. It is critical to purchase uninsured motorist insurance since many drivers in Florida have either no bodily injury coverage or only a small amount, such as the defendant in this case. Uninsured motorist coverage applies in both situations and pays your damages which are caused by the uninsured driver. Without this coverage, you may be left with little or no compensation when you are hurt by an uninsured or underinsured driver. Another factor to consider includes a herniated disc settlement without surgery, or with surgery.

$200,000 for an Uninsured Motor Claim in 2023

Our client was a delightful 62-year-old woman who was employed as a realtor. She was driving north on Church Ave. in Tampa approaching the intersection with McKay Ave. when the defendant ran through the stop sign and collided with the driver’s side of our client’s vehicle causing extensive damage.

Our client experienced immediate pain and presented to the emergency room. She sustained a bad cut on her hand which required several stitches. She also suffered injuries to her neck, back, and shoulder which required further medical care. MRI scans were performed which demonstrated a herniated disc in our client’s neck, bulging discs in her back, and a tendon tear in her shoulder. She underwent conservative care and had injections performed to help with her neck pain. Our client’s surgeon also gave an opinion that she would require surgery to repair the tear in her shoulder.

Once our client reached her maximum medical improvement, we prepared a comprehensive demand package to the defendant’s insurance company. The company made a low-ball offer which our client rejected. We pushed for the policy limits of $100,000.00, and we stood firm after the insurance company made additional offers under the policy limits. Eventually, knowing it was facing imminent legal action, the insurer agreed to tender its full limit of $100,000.00.

We then made a demand on our client’s own insurance company for her $100,000.00 uninsured motorist limit. Like the defendant’s insurance company, our client’s carrier also started off with a low-ball offer. We filed a civil remedy notice against them essentially arguing that the company was acting in bad faith in failing to settle the claim for the limits. Before the notice was set to expire, the company acceded to our demand and agreed to pay our client $100,000.00 for a total settlement of $200,000.00.

$200,000 for an Underinsured Motorist Claim

On the date of her accident, our client was heading east on Gulf to Bay Boulevard, when the defendant unexpectedly shot out in front of our client from the median in an attempt to cross the three lanes of traffic in front of her. Our client, who was traveling at approximately 40 miles per hour, was unable to avoid the defendant and T-boned the defendant on the passenger side of their vehicle. The defendant was driving a rental car from Enterprise.

Following the accident, our client was transported to the emergency room with complaints of severe neck and back and abdominal pain. She was subjected to a series of CT scans and diagnostic studies to rule out any traumatic injuries. Thankfully, she did not sustain any broken bones and fractures and she was discharged from the hospital. Upon her discharge, she retained Abrahamson and Uiterwyk to represent her and we immediately referred her to a doctor for physical therapy and chiropractic care.

When the physical therapy failed to resolve her pain complaints, our client was prescribed MRI’s of her cervical and lumbar spine. The cervical spine revealed several bulging discs, while the lumbar spine was significant for a L5-S1 herniation. As a result of the significant findings in her cervical spine, our client underwent a series of epidural steroid injections in the neck, which were followed up by radiofrequency ablations.

Once the medical treatment plateaued, our firm sent a comprehensive demand package, containing all of the medical records and bills, to the defendant’s insurance company along with a demand that they tender their $100,000 policy limits. The defendant’s insurance company made several offers to our firm that were below the policy limits, but we stood fast and the insurance company conceded to our position and tendered the limits.

The next step was to send a demand to the client’s underinsured insurance carrier requiring that they tender their $100,000 policy limits as well. The client’s insurance carrier did not readily tender their limits, so we filed a lawsuit against them. With the case now in litigation, our firm was able to maintain constant pressure on them to settle, and the client’s insurance carrier ultimately tendered their limits shortly before we were to start taking depositions. Our client was pleased with the result and was very happy to avoid further litigation.

The Importance of Uninsured Motorist Coverage for Florida Drivers

While not required in Florida, your insurance company should offer you uninsured/underinsured motorist (UM) coverage as part of your policy. If you decline this coverage, it must be in writing. UM coverage kicks in if you are involved in an accident with someone who does not have insurance or does not have a sufficient amount of insurance. In addition, collision insurance can help cover any property damage, especially if the driver who damaged your car is uninsured. You should consider getting stacked UM coverage so that you can recover at higher limits.
If you are injured in an accident with an uninsured or underinsured driver, your UM coverage is available to pay you compensation. As an example, if your damages are $100,000, the at-fault driver is uninsured, and you purchased $100,000 in UM benefits, you will be fully paid. If the at-fault party is underinsured with a $25,000 policy, your same UM coverage will pay you the additional $75,000, thus making you whole.
The bottom line is that UM coverage is exceedingly important, and you should purchase it in the highest amount you can afford to protect yourself and your family members from uninsured motorists. If you have questions about how Florida MedPay coverage may apply to your situation, consulting a knowledgeable Florida MedPay coverage lawyer can help you understand your options.

What is Underinsured and Uninsured Motorist Coverage?

You can protect yourself by carrying uninsured and underinsured motorist (UM) coverage. UM coverage will cover you if you are seriously injured in a car accident with someone who does not have car insurance or who does not have enough insurance to cover the damage they’ve caused.

What Does UM Insurance Cover?

If you are injured by an uninsured or underinsured driver, your UM coverage will cover more than just your current medical expenses. UM coverage can also cover lost wages, future medical expenses, and non-economic damages such as pain and suffering.

Not At Fault Florida – What Does It Mean?

Wondering what it means that Florida is a no-fault state? When it comes to car accidents, Florida operates under a no-fault system, which means that regardless of who is at fault, drivers are required to seek compensation from their own insurance companies. Vehicle insurance policies in Florida are required to have Personal Injury Protection (PIP) coverage, which provides coverage for injuries sustained in an accident.

Seeking Compensation for an Accident with an Uninsured Driver

Pursuing compensation for injuries that were sustained in an accident with an uninsured driver may sometimes be challenging, but there may be options, such as:

• Uninsured motorist coverage: Some car insurance policies provide coverage for these types of accidents.
• Pursuing an injury lawsuit against the uninsured motorist: While you may be able to sue the driver, collecting on the judgment can be difficult if the driver has few personal assets.

Regardless of how you ultimately decide how to handle the matter, speaking with a car accident lawyer near you can be very helpful in understanding what your legal options are.

How Do You Make an Insurance Claim for a Car Accident Where the At-Fault Driver Has No Insurance?

Since Florida is a no-fault state, you should be able to recover from your personal injury protection (PIP) regardless of who was at fault in the accident. Your recovery is capped at the amount of coverage you have; the minimum is $10,000 in Florida. PIP pays 80% of your medical expenses and some of your lost wages. After the accident, you should also notify your insurance company that you want to file an uninsured motorist claim.

Stacked vs. Non-Stacked UM Coverage

There are two types of UM coverage: stacked and non-stacked.

• Stacked Coverage: If you own multiple vehicles, stacked UM coverage allows you to combine the coverage limits of each vehicle. For example, if you have $100,000 in UM coverage on three vehicles, your effective coverage would be $300,000. This additional coverage is particularly valuable if you or a resident relative are involved in a serious accident. With stacked UM coverage, the amount of coverage is multiplied by the number of vehicles you have insured.
• Non-Stacked Coverage: Offers a single coverage limit regardless of how many vehicles are insured under your policy. While this option is generally less expensive, it does not provide the expanded coverage benefits of a stacked policy.

The Claims Process and Bad Faith Considerations

If your UM claim is denied or delayed, you may need to file a Civil Remedies Notice (CRN) against your insurance company. This legal step notifies the insurer that they have failed to settle a valid claim and gives them 60 days to pay the policy limits. If they fail to do so and you win an excess judgment at trial, you may sue them for insurance bad faith.

In rare cases, if an insurer unreasonably refuses to pay, they can be held liable for more than the policy limits. For example, an insurer that denies a $25,000 claim for a severe injury could later be forced to pay hundreds of thousands in damages if a court finds them in bad faith. Some insurance companies offer extra-contractual settlements to avoid bad faith lawsuits, paying more than the policy limit to resolve the claim before it goes to trial.

Uninsured Driver Facts & Statistics

Believe it or not, nearly 14% of all motorists do not have car insurance. That’s one in seven drivers in the United States who are potentially on the road uninsured.

Research has found a close correlation between the health of the economy with the number of uninsured drivers who are on the road. All too many drivers make the mistake of letting their car insurance lapse when they are facing financial hardship.

Contact a Florida Uninsured Motorist Claim Lawyer

If you’ve been injured in an accident with an uninsured driver, you should be sure to consult with an experienced Florida car accident lawyer for underinsured/uninsured motorist claims. Contact the trusted auto insurance lawyers at Abrahamson & Uiterwyk online or call to schedule your free consultation.

Read more about what a policy limits demand letter should include in Florida.

Resources

1. https://www.iii.org/fact-statistic/facts-statistics-uninsured-motorists ↩︎