· Updated
Reviewed by Jeffrey S. Altman, Florida Bar No. 159174.
If you are injured in a hit-and-run accident or a crash involving a driver without adequate insurance, you may still be entitled to compensation under Florida law. Learn how Uninsured and Underinsured Motorist (UM/UIM) coverage protects you by providing a vital path to recover damages for medical expenses, lost income, and pain and suffering.
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.
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:
Unlike liability insurance, UM coverage is first-party insurance, meaning you make a claim against your own insurance company.
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:
PIP does not compensate you for:
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)
Yes.
If another driver negligently causes your injuries but carries no bodily injury liability insurance, your UM policy may provide compensation for:
Your UM insurer essentially assumes the legal responsibility that the uninsured driver should have had.
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)
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:
An experienced attorney can help build the evidence necessary to support your UM claim.
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:
Having experienced legal representation often changes the dynamics of these negotiations.
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:
Collectively, these decisions reinforce a guiding principle: Florida courts generally interpret UM coverage in favor of providing the protection the Legislature intended for insured motorists.
Not all UM policies are the same.
Florida recognizes two primary forms of UM coverage:
Stacked coverage generally provides broader protection and may allow policy limits to be combined across multiple insured vehicles, depending on the policy and circumstances.
Non-stacked coverage is typically less expensive but includes significant limitations on available benefits and when coverage applies. Florida law permits insurers to offer non-stacked UM coverage if the insured knowingly accepts those limitations. (The Florida Senate)
Understanding which type of coverage you purchased can dramatically affect the value of your claim.
If you have been injured by an uninsured, underinsured, or hit-and-run driver:
Early legal involvement can help protect critical evidence and avoid mistakes that could affect your claim.
For additional information about Florida's UM laws, these trusted resources are helpful:
A serious automobile accident involving an uninsured, underinsured, or hit-and-run driver can leave you feeling overwhelmed and uncertain about your future. Medical bills continue to arrive, your ability to work may be affected, and your own insurance company may dispute the very coverage you faithfully paid for over the years.
At The Altman Law Firm, we understand the unique legal and insurance issues involved in Florida UM and UIM claims. We have experience representing injured clients in complex motor vehicle accident cases, including catastrophic injuries, traumatic brain injuries, spinal cord injuries, and wrongful death claims. We carefully investigate every case, work with leading medical and financial experts when necessary, and aggressively pursue the maximum compensation available under Florida law.
If you or someone you love has been injured by an uninsured driver, an underinsured driver, or in a hit-and-run accident anywhere in Miami or throughout Florida, you do not have to navigate the claims process alone. We are here to answer your questions, explain your rights, and advocate for the full compensation you deserve.
Contact The Altman Law Firm today for a free consultation. Let our experience, compassion, and commitment help you move forward while we handle the legal fight on your behalf. We have proven RESULTS. Please review our website and chat with us via WhatsApp or call us at 305.373.3730.