What Happens If the Driver Who Hit Me Has No Insurance in Florida?
You were just involved in a car accident in Florida. The other driver was at fault. Then you discover something that makes an already stressful situation even worse:
The driver who hit you has no insurance.
So who is going to pay for your medical bills? What happens to your car? Can you still recover compensation for your injuries?
The good news is that an uninsured driver does not necessarily mean you have no options.
Depending on your circumstances, your own insurance coverage—including Personal Injury Protection (PIP) and potentially uninsured/underinsured motorist coverage—may play an important role. You may also have other legal options depending on the facts of the accident.
Quick Answer: What happens if the driver who hit me has no insurance in Florida?
You may still be able to recover compensation even if the at-fault driver has no insurance.
Florida requires PIP coverage for qualifying vehicles, which generally provides benefits for medical expenses and lost wages regardless of who caused the accident. You may also have uninsured motorist (UM) coverage, which can provide compensation for qualifying bodily injuries caused by an uninsured or underinsured driver. UM coverage is generally optional and may have been rejected when your policy was issued.
Your specific options depend on your insurance policy, your injuries, who was responsible for the crash, and the circumstances of the accident.
If you were injured by an uninsured driver, talking with a Clearwater personal injury lawyer can help you understand what coverage may be available to you.
Does Florida require drivers to have insurance?
Florida requires owners of motor vehicles with four or more wheels to carry at least $10,000 in PIP coverage and $10,000 in property damage liability coverage under the state's insurance requirements.
However, Florida's required coverage does not mean every driver has bodily injury liability insurance available to compensate someone else who is injured.
That distinction is important. A driver may have the legally required coverage while having no bodily injury liability coverage that would directly compensate you for your injuries. This is one reason uninsured motorist coverage can be so important.
What is uninsured motorist coverage?
Uninsured motorist, or UM, coverage, is insurance that may protect you when you are injured in an accident caused by a driver who does not have bodily injury liability insurance.
Florida law provides for uninsured motorist coverage in automobile policies that provide bodily injury liability coverage unless the insured rejects the coverage in writing or selects permitted lower limits.
UM coverage can also apply in certain situations involving an underinsured driver—someone who has insurance, but not enough liability coverage to fully compensate for the damages caused by the accident.
Your policy determines the specific coverage available.
What does PIP pay after an accident?
Florida is a no-fault insurance state, which means PIP can provide certain benefits regardless of who caused the accident.
Florida PIP generally covers 80% of reasonable and necessary medical expenses and 60% of lost wages, subject to the policy limits and requirements of Florida law. Initial medical care generally must be obtained within 14 days after the accident for PIP benefits to apply.
PIP and UM coverage serve different purposes.
PIP may help with immediate medical expenses and lost wages.
UM coverage may provide compensation for qualifying bodily injuries caused by an uninsured or underinsured driver.
Depending on the circumstances, both may be relevant to your accident.
What if I have uninsured motorist coverage?
If you have UM coverage and the driver who caused your accident has no bodily injury insurance, your own UM policy may provide a source of compensation for qualifying injuries.
The Florida Department of Financial Services explains that UM coverage can provide benefits for bodily injury, medical expenses, lost wages beyond PIP, pain and suffering, and other expenses arising from an accident caused by an uninsured or underinsured motorist, depending on the policy and circumstances.
This is why one of the first things you should do after discovering the other driver is uninsured is review your own insurance policy. You may have coverage you did not realize you purchased.
What if I don't have uninsured motorist coverage?
You may still have options. Your PIP benefits may provide certain medical and wage-loss benefits. Depending on the facts of the accident and the nature of your injuries, you may also have a legal claim against the at-fault driver personally.
However, obtaining a judgment against an uninsured driver and actually collecting money are two different questions. If the driver has few assets or limited financial resources, recovering compensation directly from that person may be difficult. That is why determining whether other insurance coverage applies can be extremely important.
What if the other driver has insurance—but not enough?
This is an underinsured motorist situation. For example, imagine another driver causes a serious accident that leaves you with substantial injuries, but the driver's available bodily injury coverage is not enough to cover your damages.
Depending on your policy, underinsured motorist coverage may provide additional compensation.
Florida law specifically addresses situations in which an at-fault driver's liability limits are less than the total damages sustained by an injured person.
The amount and availability of coverage will depend on the applicable insurance policies and the circumstances of the claim.
What should I do if the driver who hit me has no insurance in the state of Florida?
If you have been injured, take steps to protect both your health and your potential claim.
1. Get medical attention
Even if your injuries initially seem minor, seek appropriate medical care and follow your provider's recommendations.
Remember that Florida PIP generally requires initial services and care within 14 days after the accident.
2. Report the accident
Make sure the crash is properly reported and obtain a copy of the accident report when available.
3. Document everything
Keep photographs, medical records, bills, repair estimates, witness information, and correspondence with insurance companies.
4. Find out what insurance coverage you have
Look at your policy for:
PIP
Uninsured motorist coverage
Underinsured motorist coverage
Medical payments coverage
Collision coverage
If you are unsure what your policy means, an attorney can help you understand how the coverage may apply.
5. Be careful with settlement offers
Do not assume that the first insurance payment or offer you receive represents the full value of your claim.
Before accepting a settlement, understand what damages it covers and whether accepting it could affect your ability to pursue additional compensation.
Can I sue the uninsured driver who hit me?
Potentially, yes.
If another driver caused your accident and you suffered legally compensable injuries, you may have a personal injury claim even if that driver does not have insurance.
But filing a lawsuit is not necessarily the same thing as recovering money.
If the at-fault driver has little or no money or assets, collecting a judgment may be difficult.
That is why investigating your own insurance coverage and identifying every potentially responsible party can be so important.
When should I contact a Clearwater personal injury lawyer?
Consider speaking with a personal injury attorney if:
The driver who hit you had no insurance.
The driver had insurance but not enough coverage.
You suffered significant injuries.
You are facing substantial medical bills.
You cannot work because of your injuries.
You have uninsured or underinsured motorist coverage.
The insurance company is disputing your claim.
You have received a settlement offer.
You are unsure what insurance coverage you have.
At Hamblen Injury Law, Chris Hamblen helps injured people in Clearwater, Pinellas County, and surrounding Tampa Bay communities understand their legal options after accidents.
Injured by an uninsured driver in Florida? You may still have options.
Finding out that the driver who caused your accident has no insurance can be frightening.
But no insurance does not necessarily mean no claim.
Your own PIP coverage, uninsured/underinsured motorist coverage, and other potential sources of compensation may be important depending on the circumstances.
You do not have to figure out the insurance maze alone.
If you were injured in a car accident in Clearwater or the surrounding Tampa Bay area, talk to Chris Hamblen about your situation. Your recovery matters.
Frequently Asked Questions About Car Accident with no Insurance in Florida
Can I sue someone who has no car insurance in Florida?
Yes, potentially. If an uninsured driver caused your accident and you suffered legally compensable injuries, you may have a claim against that driver. However, whether you can actually recover money may depend on the driver's assets and financial resources. Your own insurance coverage, particularly uninsured motorist coverage, may provide another potential source of compensation.
Who pays my medical bills if the at-fault driver has no insurance?
Your PIP coverage may help pay certain medical expenses, regardless of who caused the accident. Florida PIP generally covers 80% of reasonable and necessary medical expenses, subject to the applicable limits and requirements. If you have uninsured motorist coverage, it may also provide compensation for qualifying bodily injuries caused by the uninsured driver.
Does uninsured motorist coverage pay for my injuries?
It can. UM coverage is designed to protect insured people who are legally entitled to recover damages from uninsured motorists because of bodily injury, sickness, disease, or death. Florida law also recognizes certain underinsured situations. The exact benefits available depend on your policy and the facts of your accident.
What if the other driver has insurance but not enough to cover my injuries?
You may have an underinsured motorist claim if your policy includes applicable coverage. For example, if your injuries and damages are greater than the at-fault driver's available liability limits, your UM/UIM coverage may provide additional compensation, depending on your policy and Florida law.
What if I don't have uninsured motorist coverage?
You may still have PIP benefits and potentially a claim against the at-fault driver. However, recovering money directly from an uninsured driver can be difficult if that person has limited assets or financial resources. An attorney can help you investigate whether other potential sources of compensation exist.
Can I still hire a personal injury lawyer if the other driver has no insurance?
Absolutely. In fact, an uninsured-driver case may involve additional insurance questions that make legal guidance particularly valuable. A personal injury lawyer can review your insurance policies, investigate the accident, determine whether UM/UIM coverage may apply, communicate with insurance companies, and help you understand your options.
If you were injured in Clearwater, Pinellas County, or the surrounding Tampa Bay area, Hamblen Injury Law can help you understand what options may be available to you.
