Hit by a Driver that Doesn't Have Insurance in Florida? Here's What To Do

No, uninsured motorist coverage is optional in Florida. However, most insured motorists have UM coverage as you can only go without it if you reject it in writing. If you're unsure whether you have UM coverage, check your insurance policy declarations page or contact your insurance agent. The coverage limits you purchased determine maximum benefits available after an uninsured driver accident.

To file an uninsured motorist claim in Florida, first verify the at-fault driver's lack of insurance through the police report or DMV records. Then notify your insurance company immediately, most policies require reporting within a limited time deadline. Gather documentation including the accident report, medical records, proof of lost income, repair estimates, and witness statements. Submit a formal UM claim to your insurer with all supporting evidence. Your insurance company will investigate and may dispute liability, injury severity, or damage amounts. Get the help of an experienced Florida car accident lawyer to handle the claim process for the best possible chance at securing the best possible outcome.

If you've been hit by an uninsured driver in Florida, and were seriously injured, you need to speak with an attorney right away. While PIP insurance benefits are not dependent on liability, this coverage alone will likely prove insufficient to cover your losses when seriously hurt. It is best to talk with a lawyer immediately to review the circumstances of your case. They may be able to uncover liability that wasn't initially apparent. Take advantage of the free case consultation to review your legal options.

If your injuries and losses exceed your uninsured motorist policy limits, you have limited options. You can pursue the uninsured at-fault driver personally through a lawsuit and attempt to collect from their personal assets, though this rarely yields significant recovery. You may also have coverage through underinsured motorist (UIM) insurance if the at-fault driver had insufficient coverage rather than none. Some health insurance policies may cover additional medical expenses. Finally, if the uninsured driver was working when the accident occurred, their employer may bear liability. An experienced Florida accident lawyer will identify all potential compensation sources and maximize your total recovery.

Yes, you can file a personal injury lawsuit against an uninsured driver in Florida. If you win, the court issues a judgment requiring the defendant to pay damages. However, collecting on that judgment is often impossible. Most people who drive without insurance lack assets to satisfy a judgment. Your UM coverage typically provides the most realistic path to compensation. That said, a judgment against the uninsured driver may be collectible if they later acquire assets, win a lottery, receive an inheritance, or obtain employment with garnishable wages. Your attorney can evaluate whether pursuing the uninsured driver directly makes sense alongside or instead of a UM claim.