Hit by an Uninsured Motorist in Florida: What Are Your Options?

Car Accident

Hit by an Uninsured Motorist in Florida: What Are Your Options?

Florida has one of the highest rates of uninsured drivers in the country. If you were hit by an uninsured driver, you still have options. Learn how to protect your recovery.

J
Juan Cordero Lawyers
4 min read
Last updated: April 26, 2026
Share:
Hit by an Uninsured Motorist in Florida: What Are Your Options?

Hit by an Uninsured Motorist in Florida: What Are Your Options?

Florida has one of the highest rates of uninsured drivers in the country — estimates suggest that roughly 20% of Florida drivers carry no liability insurance. If you are hit by one of them, you face a frustrating reality: the person who caused your injuries may have nothing to pay you with.

But being hit by an uninsured driver does not necessarily mean you are out of options.

Florida's Unique Insurance Situation

Florida is a no-fault state, which means your own Personal Injury Protection (PIP) coverage pays the first $10,000 of your medical bills and 60% of lost wages regardless of who caused the accident. This provides some immediate relief even when the at-fault driver has no insurance.

But PIP has limits. $10,000 does not cover serious injuries. And PIP does not compensate for pain and suffering.

Uninsured Motorist (UM) Coverage: Your Most Important Protection

Uninsured Motorist (UM) coverage is the most important protection you can have against an uninsured driver. It is coverage you purchase on your own auto policy that pays when the at-fault driver has no insurance (or insufficient insurance).

How UM Coverage Works

When you are hit by an uninsured driver and your damages exceed your PIP coverage:

  1. You file a claim with your own insurer under your UM coverage
  2. Your insurer steps into the shoes of the at-fault driver
  3. Your insurer pays your damages up to your UM policy limits

UM coverage can pay for:

  • Medical expenses beyond PIP limits
  • Full lost wages (not just the 60% PIP pays)
  • Pain and suffering
  • Permanent injury damages

Underinsured Motorist (UIM) Coverage

UIM coverage applies when the at-fault driver has some insurance, but not enough to cover your damages. If the at-fault driver has a $10,000 policy and your damages are $150,000, your UIM coverage can make up the difference up to your UIM limits.

Is UM/UIM Coverage Required in Florida?

Florida does not require UM/UIM coverage. Insurers must offer it, but you can reject it in writing. Many people do — and then discover after an accident how valuable it would have been.

If you do not currently have UM/UIM coverage, consider adding it. It is relatively inexpensive and provides critical protection.

Suing an Uninsured Driver Directly

You can sue an uninsured driver personally. The problem is practical: if they have no insurance, they likely have limited assets to satisfy a judgment.

However, suing is not always futile:

  • The driver may have assets — a home, savings, wages
  • A judgment can be enforced for years
  • The driver may acquire assets in the future
  • The threat of a judgment may motivate settlement

Your attorney can investigate the driver's financial situation to assess whether a direct lawsuit makes sense.

Hit-and-Run Accidents

If you were hit by a driver who fled the scene, UM coverage typically applies — even though you do not know who the driver was. Florida law allows UM claims for hit-and-run accidents, though there are specific requirements (such as reporting the accident to police promptly).

Steps to Take After Being Hit by an Uninsured Driver

  1. Call 911 — get a police report documenting the accident and the other driver's lack of insurance
  2. Seek medical care immediately
  3. Notify your own insurer — report the accident and ask about your UM/UIM coverage
  4. Document everything — photographs, witness information, medical records
  5. Do not give a recorded statement to your own insurer without legal advice — even your own insurer's interests may not align with yours in a UM claim
  6. Contact a personal injury attorney — UM claims against your own insurer can be adversarial

Why UM Claims Against Your Own Insurer Can Be Contentious

It may seem strange that your own insurance company would fight your claim. But in a UM claim, your insurer is essentially in the position of the at-fault driver's insurer — and they have the same financial incentive to minimize the payout.

Your insurer may dispute:

  • The severity of your injuries
  • Whether the accident caused your injuries
  • The value of your pain and suffering
  • Whether you were partly at fault

Having an attorney represent you in a UM claim — even against your own insurer — is often essential to recovering fair compensation.

Juan Cordero Lawyers handles Car Accident Lawyer Florida and uninsured motorist claims throughout Florida. If you were hit by an uninsured driver, call 305.525.8957 for a free consultation — available 24 hours a day, 7 days a week. We serve clients in Miami, Fort Lauderdale, West Palm Beach, and across the Treasure Coast.

Explore Topics

#uninsured motorist#Florida#car accident#UM coverage#personal injury
J

Written by

Juan Cordero Lawyers

Personal injury attorney with 26+ years of experience. Combat veteran, Adjunct Professor of Law, and Top 100 Trial Lawyer fighting for injured clients throughout Florida.

Share this article

Help someone who needs this information