Florida · Injured in a crash

Hit by an Uninsured Driver in Florida? Here Is Who Pays

The other driver ran the light. Your car is bent, your neck is stiff, and you are standing on the shoulder trading information. Then you notice the problem. The insurance card is expired, or there is no card at all. The driver shrugs. You start to wonder who is going to pay for any of this.

How common is this in Florida?

More common than most people expect. Florida does not require most drivers to carry bodily injury liability coverage. That is the coverage that pays for injuries the driver causes to other people. Many drivers carry only the state minimum, which does not include it. So the driver who hit you may be fully legal and still have nothing that pays for your injuries.

A driver can also be "underinsured." That means they have some bodily injury coverage, but not enough for what happened to you.

Why is PIP not enough?

Florida is a no-fault state. Your own Personal Injury Protection (PIP) coverage pays first, no matter who caused the crash. Here is what it does and does not do:

• PIP pays up to $10,000. That is the total for medical bills and lost wages combined.
• You need initial treatment within 14 days of the crash, or PIP does not pay.
• Without an "emergency medical condition" finding from a qualified provider, PIP is capped at $2,500. A chiropractor cannot make that finding.
• PIP does not pay for pain and suffering at all.

One trip to the emergency room, a CT scan, and a few follow-up visits can use up PIP fast. If you were seriously injured, PIP is a starting point, not an answer.

What is uninsured motorist coverage?

Uninsured motorist coverage, usually called UM, is coverage on your own auto policy. It steps in when the driver who caused the crash has no bodily injury coverage. Underinsured motorist coverage, called UIM, steps in when the driver has some coverage but not enough. In Florida these are usually sold together.

UM is optional in Florida. Insurers must offer it, and many people reject it to save a few dollars on the premium. If you have it, it can pay for medical bills beyond PIP, lost wages, and pain and suffering, up to your policy limit.

A few things to know:

• UM claims are made against your own insurer, but that does not make them friendly. Your insurer will look for reasons to pay less, the same as any other insurer.
• To collect for pain and suffering, you generally still need to meet Florida's permanent injury threshold. Ask a lawyer what that means for your injuries.
• "Stacked" UM can combine the limits of more than one vehicle on your policy. Your declarations page says whether yours is stacked or non-stacked.

What if it was a hit and run?

If the driver fled and was never found, the driver is treated as uninsured. Your UM coverage is what pays, if you have it. Two steps matter:

• Report the crash to the police right away. Insurers want a police report for hit and run claims.
• Tell your insurer promptly. Policies have notice requirements, and a late report gives them a reason to deny.

Try to note anything you can about the vehicle: color, make, partial plate, damage, direction it went. Ask nearby businesses if they have cameras.

How do I check my declarations page?

Your declarations page, often called the "dec page," is the summary at the front of your policy. Your insurer's app or website usually has it. Look for these lines:

• "Uninsured Motorist" or "UM/UIM." If it says rejected or is missing, you may not have it.
• The limits, written like 25/50 or 100/300. The first number is per person, the second per crash.
• Stacked or non-stacked.
• "Bodily Injury Liability." This is what protects others if you cause a crash. It is worth having even though Florida does not require it.

If you cannot find the page, call your agent and ask for it. You are entitled to a copy.

What should I do right after the crash?

• Call 911 and get a police report, even for a minor crash.
• Get the other driver's name, license, plate, and whatever insurance card they have. Take photos of all of it.
• Photograph the cars, the scene, and your injuries.
• Get names and phone numbers of witnesses.
• See a doctor within 14 days. Sooner is better.
• Report the crash to your own insurer. Give the facts. Do not guess about your injuries or say you are fine.
• Do not give a recorded statement to the other driver's insurer, if there is one, before you talk to a lawyer.

Do you need a lawyer?

Not always. If you had a minor crash, no real injuries, and PIP covers your bills, you can probably handle it yourself.

You likely do need one if any of these is true:

• You were seriously injured or missed work.
• Your PIP is used up and bills are still coming.
• You have UM coverage and your insurer is delaying, lowballing, or denying.
• It was a hit and run.
• You are not sure whether you have UM coverage or how much.
• The other driver had some coverage and the insurer is offering a quick settlement.

Personal injury lawyers work on contingency. You pay no fee unless money is recovered, the first consultation is free, and case costs are separate. In Florida, the Bar caps typical fees at 33 1/3% before a lawsuit is answered and 40% after.

Florida gives you two years from the crash to file a negligence lawsuit. Florida also uses modified comparative negligence: if you are found more than 50% at fault, you recover nothing. Those two rules are reasons to get answers early instead of waiting.

Call Clyne is a lawyer referral service, not a law firm. Stephen Clyne is not an attorney. This article is general information, not legal advice, and laws change. Talk to a licensed Florida attorney about your situation.