According to the Florida Department of Highway Safety and Motor Vehicles, approximately 5.64 percent of motorists in Florida in March 2025 lacked required auto insurance. As a result, drivers in Florida may have to deal with uninsured or underinsured motorists when they get into auto accidents. Knowing your legal options can help you maximize your financial recovery after an accident.
Florida’s Insurance Requirements and No-Fault System
In Florida, all drivers of personal vehicles must have insurance policies that provide at least $10,000 in personal injury protection (PIP) coverage and at least $10,000 in property damage liability (PDL) coverage. Florida requires PIP coverage as part of the state’s no-fault system for car accidents. A driver or passenger injured in a car accident must first turn to their PIP coverage for reimbursement of 80 percent of medical expenses up to the purchased policy limit. PIP coverage can reimburse an insured driver or passenger regardless of who may have caused the accident. PDL coverage pays for property damage from an accident caused by the insured driver.
Drivers may purchase additional coverages in their auto insurance policies. Insurers offer various optional coverages, such as bodily injury liability coverage, which pays for injury losses resulting from an auto accident an insured driver causes, or uninsured/underinsured motorist (UM/UIM) coverage, which can cover an insured’s losses from an accident caused by an uninsured or underinsured driver.
Steps to Take After an Accident with an Uninsured or Underinsured Driver
When you get into a car crash with an uninsured/underinsured driver, steps you can take to protect your interests and legal options include:
- Report the accident to law enforcement.
- Obtain a copy of the police crash report.
- Seek prompt medical attention.
- Follow your treatment plan.
- Notify your insurance company and file a claim for PIP coverage
- Request your medical records.
- Keep all bills, invoices, or receipts to document your recovery expenses.
- Gather your pay stubs/income statements to determine lost wages caused by your injuries.
Finally, contact a car accident attorney as soon as possible after a crash to discuss your options for seeking financial compensation even though an uninsured or underinsured driver caused the collision.
Understanding Uninsured/Underinsured Motorist Coverage
Uninsured/underinsured motorist coverage allows an injured driver’s or passenger’s insurance company to stand in for the insurance of an at-fault driver who does not have insurance or whose policy limits cannot fully compensate the driver or passenger for their losses. Uninsured motorist coverage applies when an at-fault driver lacks liability insurance; it can also apply in hit-and-run accidents. Underinsured motorist coverage applies when an insured’s losses exceed the policy limits of an at-fault driver’s liability coverage. UM/UIM can provide an insured with compensation for the losses they could recover from an at-fault driver.
Legal Options for Recovering Compensation After a Car Accident with an Uninsured or Underinsured Driver
Drivers and passengers who suffer injuries and property damage in auto accidents caused by uninsured or underinsured motorist drivers may have various legal avenues for recovering compensation, such as:
- Filing an UM/UIM claim with one’s auto insurance provider, if one’s policy includes UM/UIM coverage
- Filing for collision/comprehensive coverage for vehicle repair expenses if one’s policy includes such coverage
- Filing a personal injury lawsuit against the at-fault driver; however, Florida’s no-fault system requires a party to have suffered a “severe” injury before they may sue a driver in a car accident lawsuit
Contact a Car Accident Attorney Today
After getting hurt in a car accident involving an uninsured or underinsured driver, you need knowledgeable legal guidance to pursue your options for financial recovery for your injuries and losses. Contact Hutch Firm today for a free, no-obligation consultation with our legal team to discuss how we can guide you through the challenges and complexities of an uninsured/underinsured motorist claim.