A serious crash can leave someone facing surgery, missed work, and a damaged vehicle, only to learn the at-fault driver has no bodily injury insurance. An uninsured motorist claim that Florida drivers make through their own policy may be the only practical path to payment. It also helps when the other driver has too little coverage for a serious injury.
Florida requires Personal Injury Protection and property damage liability, but it does not require every driver to carry bodily injury liability insurance. Uninsured motorist coverage and underinsured motorist coverage are designed to step in when the person who caused the crash has no applicable bodily injury coverage, too little coverage, or cannot be identified after a hit and run.
How an Uninsured Motorist Claim Under a Florida Policy Can Help
Under Florida Statute 627.727, an insurer that issues a Florida auto policy with bodily injury liability coverage generally must provide uninsured motorist coverage unless the named insured rejects it in writing or selects lower limits. In other words, the coverage is optional for the buyer, but a valid rejection matters. The statute also treats a vehicle as uninsured when its available bodily injury limits are less than the injured person’s total damages, which is why underinsured motorist coverage can apply.
A Florida uninsured motorist claim usually seeks bodily injury losses that the at-fault driver should have paid. Depending on the facts and policy, that can include unpaid medical bills, lost income, and pain and suffering. It is not a substitute for collision coverage or a quick payment for car repairs. The Insurance Information Institute’s guide to uninsured motorists also notes that UM protection can apply when an insured person is struck while walking or is hurt in a hit-and-run crash.
Uninsured Motorist Coverage Is Different From PIP
Florida’s no-fault PIP system and underinsured motorist coverage do different jobs. PIP is first-party medical and wage coverage that may begin under your own policy without first proving who caused the crash. An uninsured motorist claim that a Florida policyholder makes is based on the other driver’s fault and the damages that driver legally owes. Section 627.727 says UM benefits are over and above, but may not duplicate, PIP and certain other benefits.
That distinction becomes important after a serious injury. The Florida no-fault insurance overview explains the separate PIP system. A UM/UIM insurer will still examine fault, the nature of the injury, medical records, and every available policy. Underinsured motorist coverage may be available only after the at-fault driver’s liability limits are considered, so accepting a settlement too soon can create trouble.
Before signing a release, an injured person should read the declaration page and notify the UM/UIM insurer about a proposed liability settlement. Florida’s statute gives the UM insurer a 30-day window after written settlement notice to authorize the deal or protect its subrogation rights. The policy may also be stacked or nonstacked, which can change the amount available when more than one insured vehicle is involved.
Building an Uninsured Motorist Claim in Florida After a Crash
A strong uninsured motorist claim that Florida residents bring begins with the same proof needed in any injury case: the crash report, photographs, witness information, treatment records, wage proof, and the insurance information for everyone involved. Keep records of how the injury affects daily life as well. Those details can show why the other driver’s limit does not fairly cover the loss.
Orlando car accident attorneys can identify applicable UM/UIM policies, compare policy language, preserve a claim before a release is signed, and press for the damages the evidence supports. A car accident case review and personal injury review can address medical bills, lost wages, pain and suffering, and property damage claims after a crash. Underinsured motorist coverage may be a key part of recovering losses when the at-fault driver’s insurance falls short.
Call 407-846-2240 for a free consultation with an Orlando car accident attorney at the Martinez Manglardi personal injury law firm. Convenient locations throughout Central Florida, including Orlando, Kissimmee, Apopka, Palm Bay, Ocala, Haines City, and Davenport.
