Florida doesn’t require drivers to carry bodily injury liability insurance. This single fact shapes everything that happens after a collision with an uninsured driver – and most people find out about it only after they’ve already been injured.
Under Florida Statute §627.733, the state mandates only $10,000 in personal injury protection (PIP) and property damage liability coverage for drivers. A driver is allowed to be on the road without coverage for injuries caused by them. This means a driver involved in a serious accident may have zero bodily injury coverage and the injured party will have no source of compensation except their $10k limit on PIP.
Your PIP Pays First – But It Won’t Cover Much
After any Florida car accident, your PIP activates regardless of fault. The problem is the limit. A single emergency room visit can exceed the entire PIP limit. If you’ve suffered a broken bone, a herniated disc, or a traumatic brain injury, $10,000 is gone before you’ve seen a specialist.
You also have to move quickly. Florida law requires you to seek medical care within 14 days of an accident to preserve your PIP benefits. If you miss this window, the coverage will disappear entirely.
Uninsured Motorist Coverage Is Your Most Important Protection
Uninsured/Underinsured Motorist Coverage – governed by Section 627.727 of the Florida Statutes – is first-party insurance designed to compensate policyholders for both economic losses (such as medical expenses and lost wages) and non-economic losses (such as pain and suffering) arising from motor vehicle accidents caused by drivers who are uninsured or underinsured.
Your insurance company is required by law to automatically provide UM/UIM coverage to you with the same limits as your bodily injury liability coverage, unless you reject UM/UIM coverage or select lower limits in writing. If you do have it, it will step into the shoes of the driver who hits you and pay what their insurance would pay – if they have any.
What UM/UIM covers:
- Emergency and ongoing medical treatment
- Lost wages while you’re unable to work
- Pain and suffering, including future limitations
- Rehabilitation costs and long-term care
- Hit-and-run accidents, which Florida treats the same as uninsured driver claims
Can You Sue the Uninsured Driver Directly?
Yes. You can file a personal injury lawsuit directly against the at-fault driver. The legal right is real, but the practical outcome is another matter. If the driver has no insurance, there’s a reasonable chance that they have limited assets to collect from, so courts can enter judgments. However, collecting on these judgments takes time and is never guaranteed.
Still, suing directly has strategic value in certain cases – particularly when the driver owns real property, has wages that can be garnished, or when there are other parties involved (the vehicle owner, the employer, a third party) who are liable.
Under Florida Statute § 95.11(4)(a), the standard deadline to file a personal injury lawsuit is two years from the date of the accident. Claims against your own insurer under UM/UIM are treated as contract disputes and have a longer deadline – up to five years from when the insurer denies or fails to pay your claim, according to Fla. Stat. § 95.11(2)(b). However, waiting is rarely in your best interest. Evidence can fade, witnesses can disappear, and insurance companies can use delay against you.
What to Do After a Crash With an Uninsured Driver
Don’t give up hope. The steps you take right after an accident can significantly affect your recovery options:
- Call the police and report the accident. This will help you get a police report, which will document the other driver’s insurance status.
- Seek medical attention within 14 days after the accident and keep all medical records.
- Notify your insurance company as soon as possible. UM claims require specific reporting requirements.
- Do not give any recorded statements to an insurance company without consulting with an attorney.
- Consult with an attorney before accepting any settlement offers.
Get the Right Attorney in Your Corner
Hutch Firm handles uninsured motorist cases in Florida. When the at-fault driver does not have insurance, it can be difficult to get fair compensation. We know where to look for the best options and how to push for maximum compensation. Contact us for a free consultation to find out what your case is worth.