Florida drivers face a unique set of challenges when it comes to auto insurance and personal injury claims. One of the most crucial — and often misunderstood — areas involves uninsured and underinsured motorist (UM/UIM) coverage. With a high number of drivers on Florida roads either uninsured or inadequately insured, knowing your rights and coverage options can make all the difference if you’re seriously injured in a car accident.
What is Uninsured/Underinsured Motorist (UM/UIM) Coverage?
UM/UIM coverage is optional insurance that protects you if you’re injured in an accident caused by:
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A driver who has no insurance (uninsured), or
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A driver who has insufficient insurance to cover your damages (underinsured).
In Florida, bodily injury liability (BIL) coverage is not mandatory for most drivers. This means many drivers carry only minimal coverage or none at all for injuries they cause to others. UM/UIM coverage helps fill that gap, providing compensation for medical bills, lost wages, pain and suffering, and other damages.
Why UM/UIM Coverage is Essential in Florida
Florida consistently ranks among the top states for uninsured motorists. According to recent statistics, nearly 20% of drivers in Florida do not carry any form of bodily injury liability insurance. If one of these drivers causes a serious crash, you may be left with no avenue of recovery — unless you have UM/UIM coverage.
UM/UIM coverage can apply in a variety of situations:
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Car accidents with uninsured or hit-and-run drivers
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Collisions with drivers who carry only the state minimum coverage
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Pedestrian or bicycle accidents involving uninsured vehicles
How UM/UIM Claims Work in Florida
If you are involved in an accident and the at-fault driver lacks adequate insurance, you may file a claim under your own UM/UIM policy. Here's a simplified overview of the process:
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Identify the Limits of the At-Fault Driver’s Insurance: Your lawyer will help determine what coverage is available from the at-fault party.
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Evaluate Your UM/UIM Coverage: Your insurance policy should indicate the limits available under your UM/UIM provision.
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Submit a UM/UIM Claim: Once the at-fault driver's limits are exhausted (or confirmed nonexistent), a claim is submitted to your own insurer.
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Negotiate or Litigate: Your insurance company must treat you fairly and reasonably. However, these claims often require negotiation or even litigation to reach a fair resolution.
Stacking vs. Non-Stacking UM/UIM Coverage
Florida allows two types of UM/UIM coverage: stacked and non-stacked.
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Stacked coverage allows you to multiply your UM/UIM limits based on the number of vehicles on your policy. For example, if you have $50,000 per vehicle and three cars, you could have up to $150,000 in stacked UM coverage.
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Non-stacked coverage does not allow for this multiplication and typically applies only to the insured vehicle.
Choosing stacked UM/UIM coverage can significantly increase your protection, especially in serious injury cases.
Bad Faith in UM/UIM Claims
Florida law imposes a duty of good faith on insurance companies when handling UM/UIM claims. If your insurer unreasonably delays or denies your claim, you may have grounds to file a bad faith lawsuit. In such cases, you could recover damages beyond your policy limits, including punitive damages.
Common Pitfalls in UM/UIM Claims
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Delays in reporting the claim to your insurer
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Settling with the at-fault driver’s insurer without first obtaining your UM/UIM insurer’s written permission
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Failing to document injuries and losses properly
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Not seeking legal advice early in the process
These missteps can jeopardize your ability to recover full compensation. Working with a personal injury attorney experienced in UM/UIM claims can help avoid these costly errors.
Final Thoughts
In a state like Florida, where the risk of encountering an uninsured or underinsured driver is high, UM/UIM coverage can be a lifeline. Whether you’re dealing with mounting medical bills or long-term disabilities from a crash, understanding your coverage and rights is critical.
If you’ve been injured in a Florida car accident and suspect the at-fault driver lacks adequate insurance, contact an experienced personal injury attorney to evaluate your options. A knowledgeable lawyer can help you navigate the complexities of UM/UIM claims and pursue the compensation you need to move forward.
Need Help With a UM/UIM Claim in Florida?
If you’ve been injured in an accident involving an uninsured or underinsured driver, contact our office today for a free consultation. We fight to protect the rights of injured victims across Florida.
Have you or someone you know been injured as a result of a car accident? Contact Florida Personal Injury Lawyer J.P. Gonzalez-Sirgo by dialing his direct number at (786) 272-5841, calling the main office at (305) 461-1095, or Toll Free at 1 (866) 71-CLAIM or email Miami Attorney Gonzalez-Sirgo directly at [email protected] or by text at (305) 929-8935.
