July 13, 2026
By: Jeffrey S. Altman of The Altman Law Firm | Miami Personal Injury Attorneys Every day in Florida, responsible drivers are injured by people who either have no automobile insurance , not enough insurance , or simply leave the scene of the crash . Unfortunately, Florida consistently ranks among the states with the highest percentage of uninsured motorists, making Uninsured/Underinsured Motorist ("UM") coverage one of the most important protections available to Florida drivers. This is so because Florida Law specifically does not require the average driver to maintain Bodily Injury Liability Coverage for Car Accidents - it is strange but true. The good news is that you may still have the right to recover compensation—even when the at-fault driver has no insurance or cannot be identified. If you purchased UM coverage on your own automobile policy, your own insurance company may be required to compensate you for your injuries, lost income, pain and suffering, and other damages under Florida law. We recommend that Florida Drivers purchase the most UM coverage they can afford. However, the amount of UM coverage you are permitted to purchase is capped at the amount of Bodily Injury Coverage you purchase. At The Altman Law Firm , we regularly represent clients throughout Miami-Dade, Broward, Palm Beach, and across Florida in complex UM/UIM claims involving catastrophic injuries, traumatic brain injuries, spinal injuries, wrongful death, and hit-and-run accidents. What Is Uninsured/Underinsured Motorist Coverage? Florida's Uninsured Motorist statute is found in Florida Statute § 627.727 . The statute requires insurers issuing automobile liability policies in Florida to offer UM coverage unless the insured knowingly rejects it in writing. In most cases, UM coverage is available in limits equal to your bodily injury liability coverage unless you choose lower limits or reject the coverage altogether. ( Online Sunshine ) UM coverage generally protects you when: The driver who caused the accident has no insurance The at-fault driver carries insufficient bodily injury coverage The insurance company for the at-fault driver becomes insolvent You are injured in certain hit-and-run accidents Certain unidentified "phantom vehicle" situations apply under Florida law and your policy Unlike liability insurance, UM coverage is first-party insurance , meaning you make a claim against your own insurance company. Florida Is a No-Fault State—But UM Claims Are Different Many people mistakenly believe Florida's no-fault system prevents lawsuits. Not true. Florida's Personal Injury Protection (PIP) coverage generally pays only a portion of: Medical expenses Lost wages PIP does not compensate you for: Pain and suffering Emotional distress Loss of enjoyment of life Permanent disability When your injuries satisfy Florida's permanent injury threshold under Florida Statute § 627.737 , and the negligent driver lacks sufficient insurance, your UM coverage can step into the shoes of the negligent driver and compensate you for damages that otherwise would have been recoverable against that driver. ( The Florida Senate ) Can I Recover if the Other Driver Has No Insurance? Yes. If another driver negligently causes your injuries but carries no bodily injury liability insurance, your UM policy may provide compensation for: Past medical bills Future medical care Lost wages Loss of future earning capacity Physical pain Mental anguish Permanent disability Loss of enjoyment of life Wrongful death damages (when applicable) Your UM insurer essentially assumes the legal responsibility that the uninsured driver should have had. What Happens If the Driver Doesn't Have Enough Insurance? This is known as an underinsured motorist claim . For example: Suppose your damages total $750,000 , but the at-fault driver has only $100,000 in bodily injury coverage. After the liability coverage is exhausted, your UM/UIM coverage may provide additional compensation up to your policy limits, subject to the terms of the policy and Florida law. Florida's UM statute also addresses credits and subrogation rights applicable to underinsured claims. ( The Florida Senate ) Are Hit-and-Run Accidents Covered? Often, yes. Many Florida drivers incorrectly assume they have no legal options after a hit-and-run accident. In reality, hit-and-run crashes are among the situations UM coverage was designed to address. If an unidentified driver causes your accident and flees the scene, your UM coverage may provide benefits, provided the facts satisfy your policy requirements and applicable Florida law. Because hit-and-run claims often involve disputed liability and limited evidence, it is critical to: Report the crash immediately Obtain a police report Preserve vehicle damage Locate witnesses Secure surveillance footage whenever possible An experienced attorney can help build the evidence necessary to support your UM claim. Your Insurance Company Is Still an Insurance Company Many people believe: "I'm dealing with my own insurance company—they'll take care of me." Unfortunately, UM claims are adversarial . Although you purchased the policy and paid premiums for years, your insurance company still has a financial incentive to minimize what it pays. Common tactics include: Arguing your injuries are pre-existing Claiming your treatment was unnecessary Contesting future medical care Challenging lost wage claims Disputing permanency Offering settlements that do not fully reflect the value of your claim Having experienced legal representation often changes the dynamics of these negotiations. Important Florida Cases Protecting UM Policyholders Florida courts have repeatedly recognized that the purpose of UM coverage is to protect innocent motorists. Several significant Florida Supreme Court decisions have shaped modern UM law, including: Mullis v. State Farm Mutual Automobile Insurance Co., 252 So. 2d 229 (Fla. 1971) — established that Florida's UM statute is remedial and should b