Getting into a car accident is stressful under any circumstances. When the other driver lacks enough insurance, or any insurance at all, the situation becomes even more complicated. Florida drivers in this position often feel overwhelmed, especially when facing mounting medical bills and unclear insurance options.
So, what happens if you get hit by an uninsured driver in Florida? Or what happens if you get hit by an underinsured driver who cannot cover your damages? Understanding your rights and the practical steps you should take can make a significant difference in your recovery and financial outcome.
Understanding Uninsured and Underinsured Drivers in Florida
Florida law requires all drivers to carry a minimum amount of auto insurance. In Florida, drivers must carry:
- $10,000 in Personal Injury Protection (PIP), which covers the policyholder’s medical bills regardless of fault; and
- $10,000 in Property Damage Liability (PDL) to pay for damage they cause to others’ property.
Florida does not require bodily injury liability coverage. This means many drivers on the road are underinsured when it comes to covering injuries they cause to others. If one of them hits you, your path to fair compensation becomes more difficult.
What Happens If You Get Hit by an Uninsured Driver?
When an uninsured driver causes a crash, your first line of coverage is your own PIP policy. This no-fault coverage can pay for:
- Medical treatment costs,
- Lost wages due to time off work, and
- Some out-of-pocket expenses.
However, PIP is limited and does not pay for pain and suffering. To recover more, you may need to file a personal injury lawsuit against the at-fault driver. Unfortunately, many uninsured drivers do not have enough personal assets to make a lawsuit worthwhile.
If you purchased Uninsured Motorist (UM) coverage, your insurer may step in to compensate you for damages that exceed your PIP benefits. This type of policy is optional in Florida, but extremely valuable in cases like these. An experienced Florida car accident attorney can help you file a claim against your UM policy and negotiate a fair settlement.
What Happens If You Get Hit by an Underinsured Driver?
If the at-fault driver has some insurance, but not enough to cover your medical bills, lost income, or long-term care, they are considered underinsured. In this situation, you may:
- Recover damages up to the limits of the other driver’s policy, and
- File an Underinsured Motorist (UIM) claim with your insurance to make up the difference.
Florida drivers can purchase UIM coverage as an add-on to UM protection. This type of insurance helps close the gap between what the at-fault driver can pay and the full value of your damages.
A qualified attorney can review the available policies and determine how to pursue both the at-fault driver and your insurer. Without guidance, you risk accepting a low settlement or missing out on full compensation you may be owed.
Steps to Take After an Accident with an Uninsured or Underinsured Driver
Knowing what to do after a crash with an uninsured or underinsured driver can protect your health, finances, and legal rights. These actions can help you start your recovery and strengthen any future claim:
- Call 911 immediately,
- Seek medical care,
- Document everything,
- Avoid discussing fault,
- Notify your insurer, and
- Contact a Florida personal injury attorney.
Taking swift and informed action after a crash improves your chances of receiving the compensation you deserve, especially when insurance coverage is limited or nonexistent.
How Long Do You Have to File a Claim?
Florida’s statute of limitations for personal injury lawsuits is two years from the date of the accident. This deadline applies to most auto accident claims, including those involving uninsured or underinsured drivers. If you wait too long, the court may dismiss your case entirely.
Insurance policies may also impose deadlines for filing claims or providing notice. Acting promptly helps preserve evidence and gives your attorney time to investigate liability, review policy language, and pursue appropriate legal options.
How James Horne Law PA Can Help
Dealing with insurance companies is never easy, and when the at-fault driver doesn’t have enough coverage, the situation becomes more stressful. You may face denied claims, delayed payments, or confusing policy terms that make it hard to move forward.
James Horne Law PA provides straightforward, compassionate legal help to Florida residents navigating these challenges. We work closely with clients to:
- Identify all potential sources of compensation,
- Handle communications with insurers,
- Evaluate policy language and fight for fair payouts, and
- Build strong legal cases for trial when negotiations fail.
We operate on a contingency fee basis, so you pay nothing unless we recover money for you. If you’ve been injured in an accident and the other driver didn’t have adequate insurance, we’re here to protect your rights and pursue the full value of your claim.
Talk to a Personal Injury Lawyer Today
If an uninsured or underinsured driver has hit you, you may feel like the system is stacked against you. But you’re not alone. At James Horne Law PA, we help injured Floridians understand their options, stand up to insurance companies, and recover the compensation they need to move forward.
Call us today for a free consultation and let us fight for you while you focus on healing.
James “Jay” Horne is an AV-Preeminent rated aggressive litigation attorney, who focuses his practice on medical malpractice, personal injury and family law matters. He has successfully represented clients from case inception through trial and appeals in state and federal court. Jay was born and raised on the Suncoast. He is married and proud father to a one year old son. In his free time, he enjoys traveling, golfing and distance running during the cool months.
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