Uninsured Motorist Coverage in Florida: Why You Need It
Florida has one of the highest rates of uninsured drivers in the country. Uninsured motorist coverage is your most important protection — here is how it works and why you need it.
Uninsured Motorist Coverage in Florida: Why You Need It
Florida has one of the highest rates of uninsured drivers in the United States — approximately 1 in 5 Florida drivers carries no auto insurance at all. Millions more carry only the minimum required coverage: $10,000 in Personal Injury Protection (PIP) and $10,000 in Property Damage Liability — with no Bodily Injury Liability coverage to compensate people they injure.
If you are seriously injured by one of these drivers, uninsured motorist (UM) coverage may be the only meaningful source of compensation available to you.
What Is Uninsured Motorist Coverage?
Uninsured motorist (UM) coverage is an optional add-on to your own auto insurance policy. It pays for your injuries when you are hit by a driver who:
- Has no insurance at all (uninsured)
- Has insurance, but not enough to cover your damages (underinsured — sometimes called UIM coverage)
- Causes a hit-and-run accident and cannot be identified
In Florida, UM and UIM coverage are typically sold together as a single coverage.
How UM Coverage Works in Florida
When you are injured by an uninsured or underinsured driver, you file a UM claim with your own insurance company. Your insurer steps into the shoes of the at-fault driver and pays your damages up to your UM policy limits.
Example — Uninsured Driver: You are hit by a driver with no insurance. Your medical bills are $60,000. You have $100,000 in UM coverage. Your UM policy pays your $60,000 in medical bills.
Example — Underinsured Driver: You are seriously injured by a driver with $25,000 in Bodily Injury Liability coverage. Your damages are $150,000. The at-fault driver's policy pays $25,000. Your UIM coverage pays the remaining $125,000 — up to your UIM limits.
Florida's UM Coverage Rules
It Is Optional — But You Must Reject It in Writing
Florida law requires insurers to offer UM coverage in the same amount as your Bodily Injury Liability limits. If you want to decline UM coverage or purchase lower limits, you must sign a written rejection form.
Many drivers unknowingly waive UM coverage or purchase inadequate limits. Review your policy carefully.
Stacked vs. Non-Stacked Coverage
Florida offers two types of UM coverage:
Stacked UM coverage allows you to combine (stack) the UM limits across multiple vehicles on your policy. If you have two cars each with $100,000 in UM coverage, stacked coverage gives you $200,000 in total UM protection per accident.
Non-stacked UM coverage limits your recovery to the UM limits on the single vehicle involved in the accident.
Stacked coverage costs more but provides significantly greater protection — especially for families with multiple vehicles.
What UM Coverage Pays For
UM coverage compensates you for the same damages you could recover from the at-fault driver in a lawsuit:
- Medical expenses (past and future)
- Lost wages (past and future)
- Pain and suffering
- Permanent impairment
- Scarring and disfigurement
- Loss of enjoyment of life
- Wrongful death damages
UM Coverage and Hit-and-Run Accidents
Florida UM coverage typically covers hit-and-run accidents — but there is an important requirement: there must be physical contact between your vehicle and the hit-and-run vehicle.
If a driver cuts you off and causes you to crash without making contact, most UM policies will not cover the accident. This is called the "phantom vehicle" exclusion.
How Much UM Coverage Should You Carry?
Insurance professionals and personal injury attorneys consistently recommend:
- Minimum: $100,000 per person / $300,000 per accident
- Better: $250,000 per person / $500,000 per accident
- Best: Match your UM limits to your Bodily Injury Liability limits
Given the high rate of uninsured and underinsured drivers in Florida, carrying the maximum UM coverage you can afford is one of the smartest financial decisions you can make.
If Your UM Insurer Acts in Bad Faith
Your own insurance company has a duty to handle your UM claim fairly and in good faith. If they unreasonably deny or underpay your UM claim, you may have a bad faith insurance claim against them under Florida Statutes § 624.155.
An experienced personal injury attorney can help you pursue your UM claim and hold your insurer accountable if they act in bad faith.
Juan Cordero Lawyers handles UM/UIM claims and Car Accident Lawyer Florida insurance disputes throughout Florida. If you were injured 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, Martin County, and across South Florida.
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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.
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