Finding out that the driver who caused your accident has no insurance can make an already stressful situation worse. You may be dealing with medical bills, missed work, vehicle repairs, and injuries while wondering who will pay for the damage.
An uninsured driver does not necessarily mean you have no options. Depending on your insurance policy and the circumstances of the crash, Personal Injury Protection, uninsured motorist coverage, other available insurance, or a claim against a responsible party may come into play.
At The Black Law Company, we help Florida accident victims identify the coverage that may be available instead of assuming the other driver’s lack of insurance ends the case.
Key Takeaways
- Florida drivers generally carry Personal Injury Protection and Property Damage Liability coverage.
- PIP can cover certain medical expenses and lost income regardless of who caused the crash.
- Uninsured/underinsured motorist coverage may help when an at-fault driver lacks sufficient bodily injury insurance.
- UM coverage can be rejected in writing in Florida, so not every driver has it.
- A car accident lawyer can review all potentially available insurance instead of looking only at the at-fault driver’s policy.
What Insurance Pays First After an Accident?
Florida’s no-fault insurance system means injured drivers generally look first to their own Personal Injury Protection coverage for certain losses.
Florida’s Department of Financial Services explains that PIP pays 80% of necessary and reasonable covered medical expenses and 60% of covered lost income, subject to policy and statutory requirements. Initial medical services generally must occur within 14 days of the crash.
PIP is important, but serious injuries can quickly create losses beyond what it covers.
That is when the other available insurance policies become particularly important.
What Is Uninsured Motorist Coverage?
Uninsured motorist coverage, commonly called UM coverage, is designed to protect insured people who are legally entitled to recover damages from a driver who lacks adequate bodily injury liability insurance.
Florida law requires insurers issuing qualifying bodily injury liability policies to offer uninsured motorist coverage, although the insured can reject that coverage in writing or select lower limits.
Underinsured motorist coverage can also matter when the responsible driver has insurance but not enough coverage to address the losses resulting from the collision.
For example, a driver might have liability insurance, but a serious injury involving surgery and months away from work could result in damages exceeding that driver’s policy limits.
In that situation, applicable UM/UIM coverage deserves careful review.
What If I Don’t Have UM Coverage?
The absence of UM coverage can make recovery more difficult, but it does not automatically answer every question about your case.
A car accident lawyer can investigate whether another person or business shares responsibility for the collision. Depending on the facts, that could include a vehicle owner, an employer whose employee caused a crash while working, or another negligent party.
The purpose of the investigation is not to create liability where none exists. It is to determine who contributed to the accident and which insurance policies actually apply.
Our attorneys at The Black Law Company handle uninsured and underinsured motorist claims as part of our Florida car-accident practice.
Why Should You Review the Entire Insurance Policy?
Knowing that you “have insurance” is not enough.
Policies can contain different liability limits, UM limits, stacking provisions, deductibles, exclusions, and coverage requirements. Florida’s Department of Financial Services notes that stacked and non-stacked UM coverage can operate differently depending on what the policyholder selected.
That is why we want to see the actual policy information rather than make assumptions based on an insurance card.
We may review:
- Your PIP coverage
- UM/UIM coverage and limits
- The at-fault driver’s insurance
- Policies covering other involved vehicles
- Potential commercial or employer coverage
- Available evidence showing liability and damages
FAQ
Can I sue an uninsured driver personally?
Potentially, but obtaining a judgment and actually collecting it are separate issues. A lawyer can evaluate whether pursuing the driver personally makes practical sense and whether other sources of recovery exist.
Does UM coverage automatically apply because the other driver is uninsured?
Not necessarily. Coverage depends on your policy, the circumstances of the accident, exclusions, and whether you are legally entitled to recover damages.
Let Us Review Your Insurance Options
The Black Law Company represents car-accident victims from our Tampa office and handles claims involving uninsured and underinsured drivers. We offer free case evaluations so you can understand what insurance and legal options may be available.
If an uninsured driver caused your crash, contact our team before assuming there is nowhere else to turn.
This post was written by Okoye Morgan Jr., a lawyer with extensive knowledge as a personal injury law firms Tampa. Okoye is one of the founding partners of The Black Law Company, specializing in personal injury law, trust and estate law, civil litigation law, and criminal defense.
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