If you are a driver in Florida, you will know the importance of having motorist coverage, particularly having added coverage that protects you against different unpredictable situations. Accidents are a frequent occurrence on the roads of Florida, and in many instances, the person responsible for the accident doesn’t have adequate auto insurance. The law requires that your own insurance company will pay for any personal injury or harm you have suffered in a car accident up to the limits of your own policy.
However, as medical care is so expensive in the United States, many car accident victims are left out of pocket as their own car insurance policy is not enough to cover their damages. Usually, you can file a third-party insurance claim against the policy of the other driver. However, if they are an underinsured or uninsured motorist, it can often be impossible to get any compensation from the at-fault driver. For this reason, it is highly recommended that all drivers in Florida take out underinsured (UM coverage) or uninsured motorist coverage (UIM coverage). This way, if you get into a car accident with an uninsured or underinsured driver, you are guaranteed to be covered by your own insurance company.
Here at The Law Place, we can help explain to you the importance of uninsured and underinsured motorist coverage and explain how you can take it out with your own insurance company. Our law firm has over 75 years of combined experience in multiple practice areas, and we have seen the benefits of having this uninsured/underinsured motorist coverage.
We offer a free consultation for you to speak with our attorneys with no strings attached. We are here to help you and guide you through getting proper liability insurance.
Call us today at (941) 444-4444 to schedule a free consultation. Our phone lines are open 24/7.
Does Florida Require Uninsured Motorist Coverage?
In Florida, while it is highly recommended, uninsured motorist (UM) coverage is not mandated by state law. This type of insurance coverage is designed to protect drivers in the event that they are involved in an accident with a motorist who either lacks insurance entirely (uninsured) or has insufficient insurance to cover the damages (underinsured).
Understanding the Florida Insurance Requirements
Florida law requires drivers to have personal injury protection (PIP) and property damage liability (PDL) as part of their auto insurance policy. PIP covers medical expenses for the policyholder, regardless of fault, while PDL covers property damage caused by the policyholder. However, these requirements do not extend to uninsured or underinsured motorist coverage.
The Value of UM Coverage
Despite not being mandatory, electing for UM coverage can offer significant protection. This coverage kicks in to fill the gap between the at-fault party’s insurance limits and the actual cost of your medical expenses, lost wages, and other damages. Given that Florida has a relatively high rate of uninsured drivers, UM coverage provides an added layer of financial security.
Opting Out of UM Coverage
In Florida, if a driver decides not to include UM coverage in their policy, this decision must be made in writing. Insurance companies are required to offer UM coverage at limits that match the bodily injury liability limits of the policy, but policyholders can choose to reject or select lower limits.
Underinsured Motorist Coverage
Underinsured motorist coverage is also a consideration for Florida drivers. This coverage applies when the at-fault driver’s insurance is not adequate to cover all the expenses of an accident. With many drivers carrying only the minimum required insurance, this coverage can be crucial in ensuring that you’re not left with significant out-of-pocket expenses.
Making an Informed Decision
Drivers in Florida should carefully consider their auto insurance needs and the potential risks of being involved in an accident with an uninsured or underinsically insured motorist. Consulting with an insurance professional can help in understanding the benefits and limitations of UM coverage and in making an informed decision that aligns with your personal and financial circumstances.
What Is Uninsured Motorist Coverage?
Florida law requires that all drivers take out personal injury protection (PIP) of at least $10,000 for personal bodily injury and $10,000 for property damage. This type of car insurance coverage serves to compensate drivers for any damage they have sustained in an auto accident up to the extent of their coverage limits.
Uninsured motorist coverage or ‘UM coverage’ is additional protection that drivers can take out to protect themselves against uninsured drivers. ‘UM’ coverage is not mandatory, but it is highly recommended, given the fact that over 20% of drivers in Florida are uninsured, according to statistics by the Insurance Research Council (IRC). If you are injured in a car accident as a result of another driver who does not have bodily injury liability coverage, your uninsured motorist coverage will compensate you for the costs of your damages, including medical expenses, lost wages, pain and suffering, property damage, and wrongful death.
The great thing about having uninsured motorist coverage is that even if you are not in your own vehicle at the time of an accident with an uninsured driver, your insurance company will cover the costs regardless. This means that if you were the victim of a hit and run, you will be able to receive compensation for any bodily injury you sustained under your own auto insurance policy. Additionally, UM coverage typically extends its protection to family members and passengers who were inside your vehicle at the time of an auto accident.
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What Is Underinsured Motorist Coverage?
If you decide to take out uninsured motorist coverage, it is recommended that you also extend this additional coverage to include underinsured or ‘UIM’ coverage. Florida drivers often take out the lowest amount of personal injury protection (PIP) possible for numerous reasons, meaning that if they cause an accident, not only are their own injuries not completely covered under their insurance policy, but also any bodily injury suffered by other drivers go uncompensated for.
Although no-fault laws in Florida require that your own auto-insurance policy compensates you for your damages, it is often the case that your medical bills are far more expensive than what is covered under your motorist insurance. If you have additional underinsured motorist or ‘UIM’ coverage, your own insurance company will cover the extra compensation not provided under your own personal injury protection (PIP) once you can prove that the other driver was at fault for the accident. However, if you don’t have this added protection, you will have to file an injury claim against the at-fault driver’s insurance company or the driver themselves.
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Bodily Injury Liability Coverage
If you injure another person in a car accident in Florida, it is likely that they will try to recover compensation from you to cover the costs of their medical expenses and any property damage they have sustained. It is highly recommended that you take out bodily injury liability coverage or ‘BI liability coverage’ if you are a driver in Florida, as having this means that your own auto insurance company will foot the costs of any harm you inflict on someone else, up to your liability limits. Not having this extra liability insurance coverage could end up in you having to pay out of pocket to cover the injured party.
If you take out underinsured or uninsured motorist coverage, you will be required to take out BI liability insurance coverage also, and usually, it will be of equal monetary value. This means that if you take out $40,000 of bodily injury liability coverage, you can only take out $40,000 worth of uninsured/underinsured motorist coverage.
It will be extremely difficult to recover any sort of compensation from a car accident when the at-fault driver does not have bodily injury insurance coverage and you do not have UIM coverage. Many drivers in Florida do not have this extra liability coverage, and if they do, it is often the case that they have the minimum amount possible. This is why it’s important for you to have additional uninsured/underinsured motorist coverage to cover the costs of your medical bills, lost wages, and pain and suffering.
From the initial call to updates on your case status, we are here to get you answers.
What Should I Do If I’ve Been Involved in an Auto Accident With an Underinsured or Uninsured Driver?
Motor vehicle accidents involving underinsured or uninsured drivers can be stressful, and trying to recover compensation can be a difficult and complex process. It is recommended that you speak with an uninsured motorist attorney as soon as possible following an accident to ensure that you receive compensation for any injuries you’ve suffered.
Like all car accidents in Florida, there are a number of important steps you should take following the accident to help your claim and to ensure your safety. These steps include:
- Stay at the Scene – It is required by Florida law that you remain at the scene of an auto accident to give your information to the other party involved or until the police or emergency services arrive. Failure to do so could result in a criminal charge of hit and run.
- Seek Medical Assistance – Regardless of whether you think you have been injured in a car accident, it is important that you call an ambulance or a paramedic to get your injuries checked. This will be important for your insurance claim and also important for your health as you may have underlying injuries that you are not aware of.
- Get Contact Information – It is important that you get the information of the other parties involved in the car accident and witnesses to the scene. This information should include their contact details, their full name, license and registration number, and insurance company information. If they are in any way hesitant to give you information, they may be an uninsured motorist.
- Contact a Personal Injury Lawyer – We recommend that you contact a lawyer as soon as possible following an auto accident. They will help you speak with your insurance company and the insurance companies of the other parties involved. Additionally, they can find get the at-fault driver’s claim number and use this to get a full copy of their auto-insurance policy disclosures, as provided for under Florida Statute 627.4137.
- Call Your Insurance Company – You are required to contact your insurance company immediately following an accident. Remember not to divulge too much information to them and just give them the basic details of the accident and the damage sustained. Insurance companies are renowned for using the information you have given them against you as a means of undervaluing your claim, which is why we recommend that you take caution when speaking with them.
Once you have carried out the above steps following the accident, an attorney can help you file a claim under your uninsured/underinsured motorist coverage to ensure you receive the compensation you are owed. The amount of compensation you receive from your claim will depend on the level of uninsured/underinsured motorist coverage that you have taken out.
What Type of Compensation Can I Claim With Underinsured or Uninsured Motorist Insurance?
If you have been injured in a car accident involving an underinsured or uninsured motorist, and you have UIM or UM coverage, you can file a claim with your own insurance company to compensate you for the harm you have suffered. Some damages that may be available for you to claim to include:
- Medical Bills – If you have been hit and have suffered injuries in an accident, you can make a claim to cover the costs of any medical bills resulting from these injuries. This can include bills for hospital appointments, transport to and from these appointments, and any future medical expenses you incur as a result.
- Lost Wages – Your uninsured motorist coverage covers any financial losses you’ve suffered as a result of the accident, including lost wages. This can include any potential future earnings you would have made.
- Property Damage – You can make a claim to cover the costs of any damage to your vehicle or any valuable items contained inside at the time of the collision.
- Pain and Suffering – If you have UM coverage, you may be able to recover compensation for any pain and suffering as a result of the collision. In order to receive these damages, you must prove that your injuries meet a “permanent injury threshold,” as provided under Florida Statute 627.737.
- Wrongful Death – A lawyer can help you file a wrongful death claim under your uninsured motorist coverage to recover compensation for funeral costs and a loss of consortium.
Florida uninsured motorist claims can be a lengthy process, and car insurance companies are often hesitant to pay you out the compensation you are owed. It is recommended that you contact an experienced lawyer who can help you file a claim under your UM coverage to ensure that you receive justice.
Why Should I Take Out Underinsured and Uninsured Motorist Coverage?
As we have noted in the paragraphs above, having underinsured and uninsured motorist coverage is extremely important for a number of reasons. Firstly, there are a huge number of uninsured motorists on the roads of Florida, and the risk of having an auto accident is extremely high.
If you find yourself in an accident without the protection of UM coverage, you may be forced to pay the full costs of your medical bills and damage to your property, which can be extremely expensive in Florida.
Insurance companies in Florida benefit from you not having this extra car insurance coverage. They are very aware of the huge risk of a motor vehicle accident happening with a Florida uninsured motorist, and not having this added UM coverage means that they don’t have to compensate you for any harm you suffer in an uninsured motorist accident.
The extra costs you pay each month are bare in comparison to the amount of money you will lose if you are injured in a collision with an underinsured or uninsured driver. Your personal injury protection (PIP) will cover some of your damages.
However, if your collision is serious and you are severely injured, you may be left paying medical costs for years following the collision. Even if your family members are the people who have been injured in the collision, UM/UIM insurance will compensate them for any injuries or harm they have suffered.
How The Law Place Can Help
The Law Place offers legal assistance that can be crucial in navigating the complexities of various legal situations, particularly in matters related to automobile accidents, personal injury claims, and issues with uninsured or underinsured motorists in Florida. Our team brings a wealth of experience and a client-focused approach to every case.
Navigating Insurance Claims and Disputes
Dealing with insurance companies, especially in cases involving uninsured or underinsured motorists, can be daunting. The Law Place attorneys are skilled in handling negotiations with insurance companies, advocating for your right to fair compensation, and ensuring that your claim is handled efficiently and effectively.
Experience in Personal Injury Law
Our attorneys are well-versed in Florida personal injury law, including the specifics of uninsured and underinsured motorist coverage. They can guide you through the legal process, from filing claims to representing you in court, if necessary. Whether it’s a minor injury or a major accident, we provide the same level of dedication and experience.
Assistance with Automobile Accident Claims
If you’ve been involved in an automobile accident, The Law Place can help you understand your legal options and rights. We assist in gathering necessary evidence, such as accident reports, medical records, and witness statements, to build a strong case on your behalf.
Representation in Legal Proceedings
Should your case require legal action, our attorneys are prepared to represent you in all proceedings. We have the knowledge and experience to navigate the court system, handle legal documentation, and present your case compellingly.
Advice on Settlements and Compensation
Determining the right amount of compensation can be challenging. Our attorneys can evaluate your case, considering all aspects like medical bills, lost wages, and pain and suffering, to ensure you receive the compensation you deserve.
Client-Centered Approach
At The Law Place, we prioritize our clients’ needs and well-being. We understand the stress and uncertainty that legal issues can bring, and we strive to provide clear communication, support, and guidance throughout the legal process.
No Upfront Costs
Understanding the financial burden legal issues can impose, we offer our services on a contingency fee basis. This means our fees are contingent upon the successful resolution of your case, aligning our success with your satisfaction.
Uninsured and underinsured motorist coverage Florida, FAQ
What is Florida uninsured motorist coverage?
Florida uninsured motorist coverage is a type of auto insurance coverage that protects you if you’re involved in an automobile accident with a driver who either has no insurance or insufficient insurance. This coverage can help pay for your medical expenses, lost wages, and other damages.
How does uninsured motorist insurance coverage work in the event of an accident?
In the event of an accident with an uninsured or underinsured driver, uninsured motorist insurance coverage steps in to cover costs that the at-fault driver’s insurance should have covered. This includes medical bills, pain and suffering, and lost wages due to the accident.
Is it mandatory to purchase uninsured motorist coverage in Florida?
No, it’s not mandatory to purchase uninsured motorist coverage in Florida. However, given the high rate of uninsured drivers in the state, it is strongly recommended for added financial protection.
Why should I consider purchasing uninsured motorist coverage?
Purchasing uninsured motorist coverage is essential because it protects you financially if you’re involved in an accident with a driver who doesn’t have insurance or lacks sufficient coverage. This type of insurance ensures that your medical expenses, lost wages, and other damages are covered, even if the at-fault driver cannot pay. Uninsured motorist coverage provides peace of mind and financial security in situations where you might otherwise be left to handle significant costs on your own.
How can Florida personal injury lawyers assist with an uninsured motorist claim?
Florida personal injury lawyers can provide invaluable assistance with an uninsured motorist claim by negotiating with your insurance company to ensure you receive fair compensation. They can also help file a lawsuit if necessary to recover additional damages.
What should I do if I’m involved in an auto accident with an uninsured motorist?
If you’re involved in an auto accident with an uninsured motorist, you should contact the police, seek medical attention, document the accident scene, and notify your insurance company. Consider consulting with a personal injury lawyer to discuss filing an uninsured motorist claim.
Does my standard auto insurance coverage include uninsured motorist coverage in Florida?
Standard auto insurance coverage in Florida does not automatically include uninsured motorist coverage. You usually need to opt-in or specifically add this coverage to your policy.
What types of damages can I recover in a car accident claim involving an uninsured driver?
In a car accident claim involving an uninsured driver, you can potentially recover damages for medical expenses, lost wages, pain and suffering, and other related costs. The extent of recovery depends on the specifics of your uninsured motorist coverage.
Are there any specific legal requirements for filing an uninsured motorist claim in Florida?
Yes, there are specific legal requirements and time limits for filing an uninsured motorist claim in Florida. It’s crucial to promptly report the accident to your insurance company and follow their claims process. Consulting with an attorney can ensure you meet all legal requirements.
How prevalent are issues with uninsured motor vehicles in Florida?
Florida has one of the highest rates of uninsured motor vehicles in the United States. This prevalence makes having uninsured motorist coverage an important consideration for drivers in the state to protect themselves financially.
Contact The Law Place Today
Here at The Law Place, we believe that the benefits of having uninsured/underinsured motorist coverage hugely outweigh the extra money you have to pay each month to your insurance company. Usually, the cost to purchase this added insurance to cover damage from uninsured or underinsured drivers is quite low in comparison to the risk of getting into an auto accident.
Our law firm believes that you can never have enough auto insurance, as Florida drivers are renowned for driving recklessly and being uninsured. We recommend that you purchase as much UM/UIM insurance as you can afford in order to cover and protect yourself on the roads of Florida.
If you are still unsure as to whether you should take out this extra coverage, you should call our firm today to schedule a free consultation with one of our attorneys. They can provide you with more information and help you decide whether you should purchase underinsured and uninsured auto coverage.
Call us today to schedule a free consultation at (941) 444-4444. Our phone lines are open 24/7.
