Personal Injury
Uninsured and Underinsured Motorist Claims in Florida
UM/UIM Coverage, Stacking & Recovery When the At-Fault Driver Has No Insurance
Florida does not require drivers to carry bodily injury liability insurance — which means a significant number of Florida drivers have no liability coverage at all. When the at-fault driver is uninsured or underinsured, your own uninsured motorist (UM) and underinsured motorist (UIM) coverage may be your most important source of recovery for your injuries.
What Is Uninsured Motorist Coverage?
Uninsured motorist (UM) coverage is a type of insurance that pays for your injuries, lost wages, and pain and suffering when the at-fault driver has no liability insurance or cannot be identified (as in a hit-and-run accident). UM coverage is purchased from your own insurer and is part of your own auto insurance policy. Florida law requires insurers to offer UM coverage, but drivers may reject it in writing. If you have UM coverage, it can be a critical source of recovery when the at-fault driver is uninsured.
What Is Underinsured Motorist Coverage?
Underinsured motorist (UIM) coverage pays for your injuries when the at-fault driver has liability insurance, but the policy limits are not enough to fully compensate you for your losses. For example, if the at-fault driver has $10,000 in bodily injury liability coverage and your damages are $100,000, your UIM coverage can pay the difference — up to your UIM policy limits. UIM coverage is particularly important in serious injury cases where the at-fault driver's policy limits are inadequate.
Stacking UM/UIM Coverage
Florida law allows policyholders to 'stack' UM/UIM coverage in certain circumstances — meaning you can combine the UM/UIM limits from multiple vehicles on the same policy or from multiple policies. Stacking can significantly increase the amount of coverage available to you. Whether stacking is available depends on the specific policy language and the circumstances of your case. An attorney can review your policy and advise you on whether stacking applies.
Hit-and-Run Accidents
If you were injured by a hit-and-run driver who cannot be identified, your UM coverage is typically your primary source of recovery. Most UM policies require that there be physical contact between your vehicle and the unidentified vehicle — but some policies provide broader coverage. An attorney can review your policy and advise you on your rights after a hit-and-run accident.
Making a UM/UIM Claim Against Your Own Insurer
A UM/UIM claim is made against your own insurer — but that does not mean the process is simple or that your insurer will treat you fairly. Your insurer has a financial interest in minimizing your recovery, and UM/UIM claims are often disputed. Your insurer may argue about the extent of your injuries, the value of your damages, or whether the at-fault driver was actually uninsured or underinsured. Florida law imposes a duty of good faith on insurers in handling UM/UIM claims — an insurer that unreasonably denies or underpays a UM/UIM claim may be liable for bad faith.
What If the At-Fault Driver Has Minimal Insurance?
If the at-fault driver has some liability insurance but not enough to cover your damages, you may be able to pursue a UIM claim against your own insurer for the difference. To do so, you typically must first exhaust the at-fault driver's liability coverage — either by settling with the at-fault driver's insurer or by obtaining a judgment against the at-fault driver. An attorney can advise you on the proper procedure for pursuing a UIM claim after exhausting the at-fault driver's coverage.
Frequently Asked Questions
What if the at-fault driver does not have enough insurance?
If the at-fault driver's liability coverage is not enough to fully compensate you for your injuries, your own underinsured motorist (UIM) coverage may pay the difference — up to your UIM policy limits. To pursue a UIM claim, you typically must first exhaust the at-fault driver's liability coverage. An attorney can advise you on the proper procedure.
What if the at-fault driver has no insurance at all?
If the at-fault driver has no liability insurance, your own uninsured motorist (UM) coverage is typically your primary source of recovery. UM coverage pays for your injuries, lost wages, and pain and suffering when the at-fault driver is uninsured. If you do not have UM coverage, your options are more limited — but an attorney can help you identify any other available sources of recovery.
Can I stack my UM/UIM coverage in Florida?
Florida law allows policyholders to stack UM/UIM coverage in certain circumstances — combining the limits from multiple vehicles or policies. Whether stacking is available depends on your specific policy language and the circumstances of your case. An attorney can review your policy and advise you on whether stacking applies.
What if my own insurance company disputes my UM/UIM claim?
Your insurer has a duty of good faith in handling your UM/UIM claim. If your insurer unreasonably denies or underpays your claim, you may have a bad faith claim against your own insurer under Florida law. An attorney can advise you on your rights and options if your insurer is not handling your claim fairly.
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