If you’ve ever been in an accident, you know the drill. A million thoughts flood your mind at once: “Am I hurt? Is the other person okay? Who’s at fault? Will my insurance cover this?” But what happens when the person at fault has no insurance? Or worse, they have insurance, but it’s nowhere near enough to cover the damage they’ve caused?
That’s when things get messy, especially in Florida, with its “no-fault” insurance system. Thankfully, messy doesn’t mean impossible. Here’s what you can do to protect yourself if you find yourself dealing with an uninsured or underinsured driver who’s at fault.
The “No-Fault” System
Florida’s “no-fault” system is meant to simplify things, but let’s be real—it often just complicates matters when you’re trying to get compensation after a crash. Every driver in the state is required to carry Personal Injury Protection (PIP) insurance, which covers up to $10,000 in medical bills and lost wages, no matter who caused the accident.
Sounds great, right? Until you realize that $10,000 can disappear faster than you can say “hospital bill” when you’re dealing with serious injuries like broken bones, spinal damage, or even brain injuries. And if the other driver has no insurance—or not enough—you could be left holding the bag for the rest of your expenses.
Enter Uninsured and Underinsured Motorist Coverage
This is where Uninsured Motorist (UM) and Underinsured Motorist (UIM) coverage comes in, and let’s just say, if you don’t already have it, it’s something to consider. Here’s how it works:
Uninsured Motorist (UM) Coverage kicks in when the at-fault driver doesn’t have any insurance. It covers your medical expenses, lost wages, and other damages—up to the limits of your policy.
Underinsured Motorist (UIM) Coverage steps in when the at-fault driver’s insurance isn’t enough to cover your bills. It fills the gap between what their insurance pays and your actual costs, again, up to your policy limits.
Most people carry UM/UIM limits between $100,000 and $300,000, which makes a massive difference when things get ugly. But even with this coverage, getting paid might be a hassle.
Roadblocks from Insurance Companies
Insurance companies have one job—protect their bottom line. And if they can delay, deny, or dispute your UM/UIM claim, they will. It doesn’t matter that you’ve been diligently paying your premiums every month. They’ll argue that your injuries aren’t that bad or that you didn’t need that extra round of physical therapy. Anything to dodge a payout.
Even if you’re staring down medical bills that far exceed that PIP limit, the insurance company may still drag its feet. And you know what? That’s where you need to stand your ground—or get someone to stand it for you.
But if your insurance company still won’t budge? That’s when it might be time to file a lawsuit. A civil lawsuit can force them to meet their obligations, especially when it’s clear that your policy should cover the damage, but the insurance company is refusing to play ball.
At Feldman Legal Group, we don’t let insurance companies off the hook. We fight to get our clients the compensation they deserve—whether through negotiation or a courtroom battle. If you’ve been injured in an accident with an uninsured or underinsured driver, give us a call. We’ll make sure you’re not stuck with the bill for someone else’s mistake.
(877) 946-8293