An Uninsured Driver Hit Me in Florida. Now What?

Why so many Florida drivers have no injury coverage

Florida requires drivers to carry personal injury protection and property damage liability. It does not require most drivers to carry bodily injury liability coverage, which is the coverage that pays other people for injuries the driver causes. So a driver can be fully legal on the road and still have nothing to pay for your injuries beyond what your own PIP covers.

What uninsured motorist coverage does

Uninsured motorist coverage, often called UM, is part of your own policy. It can pay for injuries caused by a driver who has no bodily injury coverage, or not enough of it (underinsured). It can also matter in hit-and-run crashes.

Under section 627.727 of the Florida Statutes, an auto policy that includes bodily injury liability coverage must include UM coverage unless the named insured rejects it in writing on an approved form. Many people signed that rejection without realizing it when they bought the policy.

How to check whether you have it

Look at the declarations page of your auto policy, the summary page that lists your coverages and limits. Look for 'uninsured motorist' or 'UM/UIM'. Check whether it says 'stacked' or 'non-stacked', which affects whether limits can be combined across vehicles. If you cannot find it, ask your agent for the full policy and any signed rejection form.

Also check the policies of relatives you live with. Depending on the policy terms, household members may be covered under each other's UM.

PIP still comes first

Your own PIP usually pays first toward medical bills and lost wages, as long as you get initial care within 14 days. UM is meant for the losses beyond that, including pain and suffering when Florida's injury threshold is met.

Bottom line

If the at-fault driver has no injury coverage, your own policy may still have options. Find your declarations page, look for UM, and get a free review before you accept that there is nothing available.