Florida Car Crash With an Uninsured or Underinsured Driver (2024)

FAQs

Florida Car Crash With an Uninsured or Underinsured Driver? ›

Alert your insurance company about the accident immediately. Tell the adjustor that you plan on filing an uninsured motorist claim. Make sure you're aware of any time restrictions that involve these claims, too. Once you file this claim, you'll then work out a deal with your insurance agent.

Collecting damages from uninsured drivers

Florida is a no-fault state. This means your auto insurance company should pay the majority of your auto accident claim, up to a $10,000 limit. If the other driver is at fault, that driver's insurance company will cover the remaining 20 percent.

It is illegal to drive a motor vehicle without insurance in the state of Florida, but insurance companies are not required to go after uninsured drivers unless you have uninsured motorist coverage as part of your insurance policy.

If you don't have personal injury insurance in Florida and suffer injuries in a car accident, you'll have to pay for your medical bills and other damages out of your own pocket. Personal injury protection (PIP) and bodily injury coverage can cover those costs so you don't pay.

No. Florida residents are not required to purchase uninsured motorist coverage. However, insurance companies are required to offer a minimum amount of uninsured motorist coverage, also called UM. If you choose not to purchase uninsured motorist coverage, you must opt out of the coverage in writing.

However, if your damages exceed your policy limits or are not covered by your policy, you may be able to take legal action against the other driver involved in the accident. This includes suing an uninsured driver, but it can be challenging to recover damages in this scenario.

If you are caught driving without insurance, your license can be suspended for up to three years, until you pay $150 and show proof of insurance to get back your license. If this occurs a second time within three years, you'll be charged $250. If it happens three times within three years, the fee goes up to $500.

If the damage a driver does to others exceeds the amount of liability coverage they have, they could be personally sued for any money their insurer won't pay. There's a very real chance of this happening, since state liability coverage requirements are usually pretty limited.

Florida is a no-fault automobile insurance state. This means that drivers must carry personal injury protection insurance (PIP) to pay for their medical expenses and other accident-related damages, regardless of who caused the collision.

This might be because car insurance in Florida is among the most expensive in the country, up to an average monthly cost of $115 for minimum-liability coverage and $270 for full coverage. The national average for minimum coverage is $52 per month or $627 per year—much lower than Florida's annual average of $1,385.

Will my insurance go up if the accident wasn t my fault Florida? ›

Generally, your car insurance will not go up after a claim that is not your fault in Florida. This is according to Florida Statutes §626.9541(1)(g)3).

If the insurer refuses a reasonable settlement offer within policy limits, it is playing a risky game. If, ultimately, “the judgment exceeds the policy limits,” the insurance company is liable “for the entire judgment,” including the amount in excess of policy limits.

Understanding Insurance Limits

If the at-fault driver has the minimum insurance policy in Florida, they may not even have bodily injury coverage. If the car accident damages exceed the insurance limits, the at-fault driver is still responsible for paying the remaining amount.

If the other party is either uninsured or underinsured, you may make a claim with your insurance. If your own car insurance denies a claim after being hit by an uninsured or underinsured driver in Florida, you may have to file a lawsuit to obtain the compensation you deserve.

The Cons of UM/UIM Insurance

UM/UIM insurance costs money. Still, most drivers pay less than $100 per year for both types of coverage. UM/UIM property damage insurance applies a $250 deductible. An “actual contact” rule applies to coverage of hit-and-run accidents.

Florida is notorious for having many uninsured motorists on the road. Therefore, all drivers in Florida need to carry uninsured motorist (UM) coverage to supplement their PIP benefits.

Due to Florida's no-fault laws, your insurance will pay for your auto repair after an accident you did not cause in Florida. However, if the costs of damages exceed your policy limits, you may qualify to recover additional compensation elsewhere.

Typically family members will be covered unless you specifically exclude certain family members from your policy. Non-family members require your consent (express or implied) to drive your vehicle. On top of that, they will only be covered if the use of your vehicle falls under what you authorized them to use it for.

In Florida, vehicle insurance follows the car, not the driver. This fundamental aspect of Florida insurance law means that if you lend your car to a friend or family member and they are involved in a crash, your insurance is the first to be called upon to cover damages.