South Florida Personal Injury Lawyers Blog
Getting hit by a driver who has no insurance is more common in South Florida than most people realize — and it changes how you pursue compensation after a crash. Florida consistently ranks among the states with the highest percentage of uninsured drivers, so understanding your options before this happens matters.
Florida’s No-Fault System — and Why It Only Goes So Far
Florida is a no-fault insurance state, which means your own personal injury protection coverage — called PIP — pays for a portion of your medical bills and lost wages after a crash, regardless of who caused it. Under Florida Statute § 627.736, drivers are required to carry a minimum of $10,000 in PIP coverage.
That sounds helpful, but PIP only covers 80% of medical expenses and 60% of lost wages, up to the $10,000 limit. For a serious injury, that amount runs out fast. If your medical bills exceed your PIP limits, you need another source of recovery — and if the at-fault driver has no insurance, your options narrow.
The car accident attorneys at Friedman Rodman Frank & Estrada have handled uninsured motorist cases throughout Miami-Dade, Broward, and Collier Counties. Whether you have the right coverage in place often determines what happens next.
Uninsured Motorist Coverage: Your Most Important Protection
Uninsured motorist coverage — commonly called UM coverage — is the main way to recover full compensation when the at-fault driver has no insurance. UM coverage is a type of car insurance that pays for your injuries and damages when the responsible driver cannot.
Florida law requires insurance companies to offer UM coverage when you purchase a policy, but drivers can reject it in writing. Many people do, without realizing what they are giving up.
If you have UM coverage, you file a claim with your own insurance carrier. Your insurer essentially steps into the shoes of the uninsured driver and is responsible for your damages — medical bills, lost wages, pain and suffering — up to your policy limits. This is the single most valuable protection you can have in a state with as many uninsured drivers as Florida.
Check your policy now, before you need it.
What If You Don’t Have UM Coverage?
If you rejected UM coverage, your options after a crash with an uninsured driver become more limited — but they are not zero.
You can still sue the at-fault driver personally. The problem is that most uninsured drivers lack significant assets, which makes collecting on a judgment difficult. Florida also has limited protections around wages and homestead property that can make judgment collection even harder.
There are situations where another party may share liability for the crash — a negligent employer if the driver was working at the time, a property owner, or even a vehicle manufacturer if a defect contributed to the accident. An attorney can help identify whether any of those paths apply to your case. You should also review whether underinsured or uninsured motorist claims may apply through any other policies you hold, including coverage through a family member’s policy if you live in the same household.
Steps to Take After a Crash With an Uninsured Driver
The steps you take at the scene and in the days after the crash affect what you can recover. A few things matter most:
- Call the police and get a written accident report. Document that the other driver had no insurance.
- Seek medical treatment immediately and follow your doctor’s instructions consistently.
- Notify your own insurance company promptly — most UM policies have specific reporting deadlines.
- Do not give a recorded statement to any insurance adjuster without first speaking with an attorney.
Your own insurer may not make this process easy. Even in a UM claim, insurance companies look for reasons to reduce what they pay. Delays in treatment, gaps in your medical records, or inconsistencies in how you describe the accident can all be used against you.
If you were injured by an uninsured driver in the Miami area and you are not sure what your policy covers or what your options are, call Friedman Rodman Frank & Estrada at (305) 448-8585. The consultation is free, and you pay nothing unless we recover compensation for you. You can also contact us online.