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Florida Uninsured Motorist Lawyers: Handling UM & UIM Claims
If you are involved in a Florida motor vehicle accident and another driver is at fault, they are generally responsible for paying your damages. However, Florida is currently facing a severe insurance crisis. Recent data shows that approximately 24% of drivers in Florida, nearly 1 in 4, are entirely uninsured. This makes Florida the state with the second-highest rate of uninsured motorists in the nation. If you have UM or UIM coverage and want to make a claim, our Florida uninsured motorist lawyers can help file a UM claim with your insurance company. We’ve handled thousands of car accident and injury claims.
Because so many drivers cannot afford bodily injury coverage, it is often incredibly important to protect yourself. If you were hit by an uninsured or underinsured driver, the Law Offices of Jason Turchin may be able to help. Our Florida car accident lawyers have handled many Uninsured Motorist (UM) and Underinsured Motorist (UIM) claims throughout the state. Call us at (800) 337-7755 for a free consultation.
What is Uninsured Motorist Coverage in Florida?
Uninsured Motorist (UM) coverage is designed to act as a safety net. It essentially takes the place of the at-fault driver’s missing insurance. If the person who caused your crash has no bodily injury coverage, your UM policy may step in to help cover your outstanding medical bills, lost wages, and pain and suffering.
For example, imagine you are rear-ended at a traffic light in Miami, and the at-fault driver has no insurance. Under Florida’s no-fault system, your own Personal Injury Protection (PIP) typically pays for the first $10,000 of your medical expenses at an 80% rate. The remaining medical balance, along with compensation for permanent injuries or pain and suffering, may then be pursued through your own UM coverage.
UM vs. UIM: What’s the Difference?
While often grouped together, these two coverages serve slightly different purposes:
- Uninsured Motorist (UM): Applies when the at-fault driver carries absolutely zero bodily injury liability insurance or fled the scene and is unknown.
- Underinsured Motorist (UIM): Applies when the at-fault driver carries some insurance, but their policy limits are too low to fully cover the extent of your catastrophic injuries. Your UIM coverage may help bridge the gap, covering the excess damages up to your own policy limits.
What if I Did Not Purchase UM Coverage? (The Written Rejection Rule)
Many victims mistakenly believe they are out of luck if they don’t see UM coverage listed on their auto policy declarations page. However, Florida law strictly regulates how insurance companies handle UM coverage.
In Florida, your auto insurance provider is generally required by law to offer you Uninsured Motorist coverage at limits equal to your bodily injury liability limits. To legally remove this protection or select lower limits, you typically need to sign a specific, state-approved written rejection form. The form must feature a 12-point bold heading warning that you are electing not to purchase valuable coverage.
If your insurance company failed to obtain this valid, written rejection, they might be legally required to provide you with UM coverage by default, even if you never paid a premium for it. Our attorneys routinely investigate insurance policies to uncover these hidden benefits for our clients.
Stacked vs. Unstacked UM Coverage
If you have UM coverage, it may be categorized as either “stacked” or “non-stacked”.
- Stacked UM: If you insure multiple vehicles on your policy, stacked coverage allows you to combine the UM limits for each vehicle. For example, if you have two cars with $50,000 in UM coverage each, you might be able to “stack” them to provide $100,000 in total available coverage for a single accident.
- Non-Stacked UM: This limits your recovery strictly to the coverage amount listed for the specific vehicle involved in the crash, often at a reduced rate.
Why Hire a Florida UM Claim Lawyer?
Filing a UM or UIM claim means you are essentially seeking compensation from your own insurance company. Unfortunately, your insurer may still try to minimize your payout, dispute the severity of your injuries, or argue that you were partially at fault for the crash.
Attorney Jason Turchin has handled thousands of motor vehicle claims across the state, representing victims in Miami, Fort Lauderdale, West Palm Beach, Orlando, Tampa, and beyond. We know how to read the fine print, coordinate benefits, and negotiate aggressively on your behalf for the benefits you may be entitled to collect.
If you were injured by a careless driver, let us review your policy for free. Call us today at (800) 337-7755 or use our live chat to see how we might be able to maximize your recovery.
Florida Uninsured Motorist FAQs
How long do I have to file a Florida UM claim?
It depends on who you are pursuing for compensation. If you are filing a negligence lawsuit directly against the at-fault driver, Florida law generally provides two years from the date of the accident to file suit. However, because an Uninsured Motorist claim is treated as a written-contract action against your own insurance company, you typically have up to five years to file a UM lawsuit under Florida Statute § 95.11(2)(b).
Does UM coverage pay to fix my damaged car?
Not automatically. Standard Uninsured Motorist coverage typically focuses on bodily injuries, helping to cover your medical bills, lost wages, and pain and suffering. To cover physical damage to your vehicle, you generally need collision coverage or Uninsured Motorist Property Damage (UMPD). Florida law could require insurers to offer UMPD, but purchasing it is completely elective.
Can I use my UM coverage if I am a victim of a hit-and-run?
Yes. In Florida, your UM coverage generally applies if you are injured by a hit-and-run driver, which insurance companies sometimes refer to as a “phantom vehicle” scenario. Keep in mind that Florida imposes strict accident reporting obligations, so you should contact law enforcement immediately after the crash to document the incident.
Can I file a UM claim if I was partially at fault for the crash?
You may still be able to recover compensation, but it depends on your specific level of fault. Florida now operates under a “modified comparative negligence” system. If you are found to be 50% or less at fault, your financial recovery could simply be reduced by your percentage of fault. However, if you are determined to be 51% or more responsible for the accident, you are generally barred from recovering any damages.
Are there any legal consequences for the uninsured driver?
Yes. Florida law provides mechanisms to hold negligent uninsured drivers accountable. Under Florida Statute §324.131, an at-fault driver who fails to pay for your damages could face the suspension of their driver’s license and vehicle registration. This suspension can remain active until the financial judgment against them is fully satisfied.
