You’ve been in an accident that wasn’t your fault. You’re injured, your car is damaged, and you’re counting on the other driver’s insurance to cover your losses. Then you find out the worst possible news: they don’t have insurance.

Unfortunately, this scenario is far too common in Florida. Understanding your options, and the coverage that can protect you, is essential for every driver in our state.

Florida’s Uninsured Driver Problem

Here’s something that surprises many Florida drivers: bodily injury coverage is not required in Florida. While the state mandates that drivers carry Personal Injury Protection (PIP) and property damage liability, there is no requirement to carry bodily injury liability coverage. That’s the insurance that would pay for your medical bills and other damages if someone else causes an accident.

Nearly half of Florida’s drivers are operating vehicles without any bodily injury or liability coverage. That means if one of these drivers hits you and causes serious injuries, their insurance won’t pay for your medical treatment, lost wages, or pain and suffering—because they simply don’t have that type of coverage.

Why This Matters for Your Claim

When you’re injured in an accident caused by someone else, you would normally expect to file a claim against their liability insurance. That’s how the at-fault driver’s insurance pays for your:

But if the at-fault driver has no bodily injury coverage, there’s no insurance policy to make a claim against. Your PIP coverage will only cover a fraction of your medical expenses (up to $10,000, and only 80% of bills). After that, you could be left with nothing—unless you have the right protection on your own policy.

How Uninsured/Underinsured Motorist Coverage Protects You

The most important thing you can do to protect yourself is to purchase Uninsured Motorist (UM) coverage on your own auto insurance policy. This coverage, sometimes called Uninsured/Underinsured Motorist coverage or UM/UIM, is designed specifically for situations where the at-fault driver has no insurance or not enough insurance to cover your damages.

We cannot stress this enough: UM coverage is one of the most important types of auto insurance you can buy.

What UM Coverage Protects

Uninsured Motorist coverage provides broad protection for you and your loved ones:

  • You, as the driver—if you’re hit by an uninsured or underinsured driver
  • Everyone in your vehicle—passengers are also covered under your UM policy
  • Family members living in your household—even if they’re in a different vehicle or are pedestrians hit by an uninsured driver

Essentially, UM coverage steps in to act as the at-fault driver’s liability coverage when they don’t have any (or don’t have enough).

Why the Legislature Views UM Coverage as Critical

Florida’s legislature considers Uninsured Motorist coverage so important that insurance companies are required by law to have you sign a specific form rejecting UM coverage if you choose not to purchase it.

This isn’t just a casual checkbox—it’s a formal rejection that must be accurately completed and kept on file. The requirement exists because lawmakers recognized that too many Floridians were going without this crucial protection, often without understanding the risk they were taking.

What Happens If You Never Signed a Rejection Form?

Here’s an important detail that many accident victims don’t know: if your insurance company does not have accurate, completed paperwork showing that you rejected UM coverage, they may be required to provide you with UM coverage anyway.

Specifically, if the rejection form is missing, incomplete, or contains errors, the insurance company must provide you with Uninsured Motorist coverage equal to the amount of bodily injury coverage on your policy.

If you’ve been hit by an uninsured driver and were told you don’t have UM coverage, it’s worth having an attorney review your policy and the rejection paperwork. There may be coverage available that you didn’t know about.

Steps to Take If You’ve Been Hit by an Uninsured Driver

If you’ve been in an accident with an uninsured driver, here’s what you should do:

1. Call the Police and Document Everything

Always call 911 and get a police report, even if the other driver claims they’ll “pay out of pocket.” Document the scene with photos and gather contact information from any witnesses. Follow the same steps you would for any car accident.

2. Seek Medical Attention

Get medical treatment right away—both for your health and to document your injuries. Remember Florida’s 14-day rule: you must seek treatment within 14 days to qualify for PIP benefits.

3. Report the Accident to Your Insurance Company

Notify your own insurance company about the accident. If you have UM coverage, this is where your claim will be filed. Be factual about what happened, but avoid giving recorded statements before speaking with an attorney.

4. Review Your Insurance Policy

Check whether you have Uninsured/Underinsured Motorist coverage on your policy. If you’re unsure or were told you don’t have it, have an attorney review your policy and any rejection forms on file.

5. Contact a Personal Injury Attorney

An attorney can help you understand all potential sources of recovery, including:

  • Your UM/UIM coverage
  • Whether a valid UM rejection exists
  • Any other insurance policies that might apply
  • Whether the at-fault driver has personal assets that could satisfy a judgment

Can You Sue an Uninsured Driver Directly?

Yes, you can file a lawsuit against an uninsured driver who caused your accident. However, there’s a practical problem: if they don’t have insurance, they may not have significant assets either. Winning a judgment doesn’t help much if the person can’t pay it.

This is another reason why having your own UM coverage is so important—it provides a reliable source of compensation regardless of the other driver’s financial situation.

Don’t Forget Florida’s Statute of Limitations

Whether you’re filing a UM claim with your own insurance or pursuing a lawsuit against the uninsured driver, Florida’s statute of limitations gives you only two years from the date of your accident to take legal action.

Don’t wait to explore your options. The sooner you consult with an attorney, the better your chances of recovering the compensation you need.

Protect Yourself Before an Accident Happens

If you haven’t been in an accident yet, now is the time to review your auto insurance policy. Make sure you have adequate Uninsured/Underinsured Motorist coverage. Given that nearly half of Florida drivers lack bodily injury coverage, UM protection isn’t optional—it’s essential.

Consider purchasing UM coverage that matches or exceeds your bodily injury liability limits. You may also want to look into stacked vs. unstacked UM coverage if you have multiple vehicles.

We’re Here to Help

At The Lowman Law Firm, we’ve helped countless accident victims navigate the frustrating situation of being hit by an uninsured driver. We know how to find every possible source of recovery—and we’ll fight to make sure you get the compensation you deserve.

Our team offers free case evaluations, and we work on a contingency fee basis—you pay nothing unless we recover compensation for you.

With offices across the region, we’re never far away:

Contact us today for a free consultation. You’re our neighbor, not a number—and we’re here to fight for you.

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