Getting into a car accident is stressful enough. Finding out the driver who caused it does not have insurance can make the situation much more complicated.
If an uninsured driver causes an accident in Florida, you may still have options for recovering money for your injuries and other losses. Your own Personal Injury Protection (PIP), uninsured motorist coverage, collision coverage, or other applicable insurance may provide benefits. In some cases, you may also have a claim directly against the at-fault driver.
The difficult part is figuring out which coverage applies and whether there are other sources of compensation. The answer depends on your policy, your injuries, the damage involved, and the circumstances of the crash.
Key Takeaways
- Florida requires most registered vehicle owners to maintain PIP and at least $10,000 in property damage liability coverage, but that does not mean every driver on the road is properly insured.
- Your PIP coverage may pay qualifying medical expenses and lost wages after an accident regardless of who caused the crash.
- Uninsured motorist (UM) coverage can provide compensation for bodily injuries caused by an uninsured or underinsured at-fault driver, but Florida drivers can reject this coverage in writing.
- Collision coverage may help pay for damage to your own vehicle, depending on your policy and deductible.
- Suing an uninsured driver is possible, but obtaining a judgment and actually collecting the money are separate issues.
- Serious injuries, disputed fault, limited insurance coverage, or questions about other potentially responsible parties can make an uninsured-driver claim more complicated.
What Happens After an Accident With an Uninsured Driver?
If an uninsured driver causes your accident, the lack of liability insurance does not automatically mean you have no way to recover compensation. Instead, the focus often shifts to your own insurance policy and any other legally responsible parties.
For injuries, your Florida PIP coverage may be the first source of benefits. If you purchased uninsured motorist coverage, UM may provide another source of compensation for bodily injuries caused by an uninsured driver. Collision coverage may apply to damage to your vehicle.
You may also have the right to pursue the uninsured driver personally. The practical problem is collection. A driver who does not maintain insurance may have limited income or assets available to satisfy a settlement or judgment.
That is why one of the first questions after an uninsured-driver accident should be broader than, “Can I sue the driver?” What insurance policies and potentially responsible parties are available?
You also need to ask:
For example, ownership of the vehicle, the driver’s employment at the time of the accident, and the insurance policies covering you or the vehicle involved may affect the available options. Those details can make a significant difference in a serious accident claim.
Does Florida Require Drivers to Have Car Insurance?
Yes. Florida requires certain minimum insurance protections for vehicles registered in the state.
Florida law requires at least $10,000 in property damage liability coverage for covered vehicles. Florida’s no-fault insurance system also requires PIP coverage, which provides up to $10,000 in medical and disability benefits, subject to the requirements and limitations in the statute.
One point often causes confusion: standard bodily injury liability coverage is not universally required in the same way PIP and property damage liability coverage are for every Florida vehicle owner. Florida’s financial responsibility laws can require bodily injury liability coverage in certain circumstances.
As a result, another driver might comply with basic registration-related insurance requirements yet have little or no bodily injury liability insurance available to compensate someone they seriously injure.
That is one reason uninsured and underinsured motorist coverage can matter.
What Insurance May Cover Your Injuries?
After an accident with an uninsured driver, several types of coverage may need to be reviewed.
Personal Injury Protection
Florida PIP applies without regard to who caused the crash.
Under current Florida law, PIP can pay 80% of reasonable expenses for medically necessary covered treatment, subject to statutory requirements and policy limits. It can also provide benefits for a portion of lost income. Initial medical services generally must be received within 14 days after the accident.
That 14-day requirement makes delaying medical attention particularly important to avoid if you have been injured.
PIP has limits, however. It may not cover the full cost of a serious injury.
Uninsured Motorist Coverage
Uninsured motorist coverage is designed to protect insured people who suffer bodily injury because of a driver who does not have sufficient bodily injury liability insurance.
Florida’s Department of Financial Services explains that UM coverage may provide compensation for losses such as additional medical expenses, lost wages, pain and suffering, and other expenses when the coverage applies.
UM coverage is not automatically on every Florida policy. Florida law permits a named insured to reject it in writing or select lower limits under applicable circumstances.
Medical Payments Coverage
Some policies also contain optional Medical Payments, or Med Pay, coverage. It may pay qualifying medical or funeral expenses resulting from bodily injury after an accident regardless of fault.
Collision Coverage
Collision coverage addresses a different problem: damage to your own vehicle.
If the uninsured driver cannot pay for the damage they caused, collision coverage may allow you to make a claim through your own insurer, subject to the terms, limits, and deductible of your policy. Florida’s Department of Financial Services identifies collision as optional coverage available for damage to an insured person’s own vehicle.
Do not assume that UM coverage will automatically pay to repair your car. In Florida, UM coverage is principally bodily-injury coverage, while collision coverage is generally the more relevant first-party coverage for physical damage to your own vehicle.
Can You File an Uninsured Motorist Claim in Florida?
You may be able to file a UM claim if you have applicable uninsured motorist coverage and an uninsured driver is legally responsible for your bodily injuries.
A UM claim is made against your own insurance coverage, but that does not mean the insurer automatically pays whatever amount you request.
Liability still matters. So do the nature of your injuries, medical evidence, available limits, policy language, and the amount of your damages.
Florida law generally requires insurers issuing policies with bodily injury liability coverage to provide UM coverage unless the named insured rejects it in writing or chooses lower limits as permitted by law.
The first practical step is therefore to obtain the complete policy and declarations page rather than assuming you do or do not have UM coverage.
Stacked and Non-Stacked UM Coverage
The type of UM coverage can also matter.
Florida insurance policies may offer stacked or non-stacked UM coverage. The Florida Department of Financial Services explains that consumers purchasing UM coverage may need to choose both the limits and whether coverage is stacked or non-stacked.
Which coverage is available after a particular accident can depend on the vehicles, policies, insured individuals, and policy language involved.
Who Pays for Your Medical Bills After an Accident?
Your own PIP insurance is generally an important starting point for qualifying accident-related medical expenses in Florida, even when someone else caused the collision.
Florida PIP provides 80% of reasonable expenses for medically necessary covered services when statutory requirements are met, including the requirement for initial services and care within 14 days.
PIP may not be enough after a serious crash.
For example, an injured person may need emergency treatment, diagnostic imaging, specialist appointments, rehabilitation, or ongoing care. Lost income can create another financial problem while treatment is still underway.
Depending on the facts and available coverage, additional compensation may come from UM coverage, applicable health or medical payments coverage, an at-fault party, or another responsible party.
This is why determining the value of a claim too early can be risky. The full effect of an injury may not be clear while medical treatment is still ongoing.
What If the Uninsured Driver Was at Fault?
An uninsured driver can still be legally responsible for the damage they cause. Not having insurance does not erase liability.
You may be able to bring a personal injury claim or lawsuit directly against the driver. But before pursuing that route, it is important to consider whether the driver has income or assets from which a settlement or judgment could realistically be collected.
The investigation should not necessarily end with the driver, either.
Depending on the circumstances, questions may include:
- Who owned the vehicle?
- Was the driver working when the accident occurred?
- Are other insurance policies potentially applicable?
- Were additional people or businesses involved in causing the collision?
- Does the injured person have UM coverage through an applicable policy?
These questions become particularly important when injuries are severe and the uninsured driver’s personal resources appear limited.
Florida also limits recovery for pain, suffering, mental anguish, and inconvenience in motor vehicle cases unless the injury meets a statutory threshold, such as a permanent injury within a reasonable degree of medical probability, significant and permanent loss of an important bodily function, significant permanent scarring or disfigurement, or death.
What Should You Do After an Accident With an Uninsured Driver?
Your actions immediately after the accident can affect both your health and your ability to document what happened.
Get to a safe location and contact law enforcement when appropriate. A crash report can provide an important record of the collision and the people and vehicles involved.
Exchange and document information. Get the other driver’s name, contact information, driver’s license information, vehicle details, and any insurance information they provide. If there are witnesses, obtain their contact information as well.
Photograph the scene. When it is safe to do so, take pictures or video of vehicle damage, vehicle positions, road conditions, traffic signs, debris, and other relevant details.
Seek medical care if you are injured. Some symptoms become more noticeable after the initial shock of a crash wears off. Florida’s PIP statute also generally requires initial services and care within 14 days for covered medical benefits.
Notify your insurer. Report the accident promptly and ask what coverage may apply. Request a copy of your declarations page if you do not already have it.
Keep records. Save medical bills, repair estimates, receipts, correspondence with insurers, photographs, wage-loss documentation, and other records connected to the accident.
Be cautious about making assumptions simply because the other driver says they do not have insurance. Whether coverage exists may require further investigation.
Can You Sue an Uninsured Driver?
Yes. An injured person can potentially pursue an at-fault uninsured driver directly.
Whether doing so makes practical sense depends on more than liability.
A successful lawsuit can result in a judgment, but a judgment is not the same as receiving payment. If the defendant has few collectible assets or limited income, recovering the full amount may be difficult.
That is why an uninsured-driver case often requires two separate evaluations:
First, who is legally responsible for the accident?
Second, where can compensation realistically come from?
The second question can involve examining your insurance policies, the vehicle owner’s coverage, UM coverage, the driver’s relationship to other people or businesses, and the defendant’s ability to satisfy a claim.
For Florida negligence actions, deadlines also matter. Florida’s current statute of limitations generally provides a two-year limitations period for negligence actions, although the correct deadline depends on the particular claim and circumstances.
Waiting until that deadline approaches can make evidence and insurance issues harder to investigate.
When Should You Contact an Auto Accident Attorney?
You may want to speak with an auto accident attorney when an uninsured-driver accident involves significant injuries, ongoing medical treatment, disputed fault, unclear insurance coverage, lost income, or damages that exceed the insurance benefits immediately available.
Legal review can also be useful when you are unsure whether you have UM coverage or whether another policy or responsible party may apply.
An attorney can examine the insurance policies, investigate how the accident occurred, identify potentially responsible parties, document damages, and address disputes with insurers.
These cases can become more complicated when:
- Your treatment is still ongoing.
- The insurer disputes whether your injuries came from the accident.
- Fault for the crash is contested.
- Multiple vehicles or parties were involved.
- You have already received a settlement offer.
- Your injuries affect your ability to work.
- The at-fault driver has no obvious insurance or assets.
- There is uncertainty about whether UM coverage applies.
At Jenkins Law P.L., we handle insurance claims and personal injury matters for clients in St. Petersburg, Florida. If an uninsured driver caused your accident, we can review the circumstances and available insurance coverage and help you understand your legal options.
Frequently Asked Questions
Q: What happens if someone hits you and they don’t have insurance in Florida?
A: If an uninsured driver hits you in Florida, your own insurance may become an important source of compensation. PIP may cover qualifying medical expenses and lost wages, UM coverage may apply to bodily injuries if you purchased it, and collision coverage may help with damage to your vehicle depending on your policy. You may also have a claim directly against the at-fault driver.
Q: Does uninsured motorist coverage pay for car repairs in Florida?
A: Florida UM coverage is designed primarily to compensate for bodily injury caused by uninsured or underinsured motorists. Collision coverage is generally the first-party coverage associated with repairing your own vehicle after a collision, subject to the terms and deductible of the policy.
Q: Is uninsured motorist coverage required in Florida?
A: Not in every policy. Florida law generally requires insurers issuing policies with bodily injury liability coverage to offer UM coverage, but the named insured can reject UM coverage in writing or select lower limits as permitted by the statute.
Q: Will PIP cover me if the other driver has no insurance?
A: PIP benefits generally apply regardless of fault when the accident and treatment satisfy Florida’s requirements. Florida PIP can cover 80% of reasonable expenses for medically necessary covered treatment, subject to policy and statutory limits and other requirements. Initial medical services generally must be received within 14 days of the crash.
Q: Can I sue someone who doesn’t have car insurance?
A: Yes. Lack of insurance does not prevent an at-fault driver from being held personally liable. The practical issue is whether that person has assets or income available to satisfy a settlement or judgment.
Q: How long do I have to file a car accident lawsuit in Florida?
A: Florida’s current statute of limitations generally provides two years for an action founded on negligence. Different deadlines or rules can apply depending on the type of claim and circumstances, so the specific deadline should be evaluated for the individual case.
