What To Do If You're In An Accident With an Uninsured Driver

What To Do If You’re In An Accident With an Uninsured Driver

The Importance of Uninsured Motorist (UM) Coverage in Florida: What to Do if You’re in an Accident with an Uninsured Driver

Being involved in an automobile accident can be a stressful experience, especially when the other driver is uninsured. While Florida is a no-fault state, meaning that your own insurance typically covers medical expenses and some damages, the situation becomes more complicated if the at-fault driver is uninsured or underinsured. In such cases, having Uninsured Motorist (UM) coverage on your auto insurance policy can make all the difference in protecting your financial and physical well-being. In this blog post, we’ll explain the importance of UM coverage, how it works in Florida, and why it’s crucial to have it in place before an accident with an uninsured driver occurs.

What is Uninsured Motorist (UM) Coverage?

Uninsured Motorist (UM) coverage is a type of insurance that protects you in the event of an accident where the at-fault driver does not have insurance, or lacks enough insurance to cover your damages. In Florida, UM coverage is optional, but it can be one of the most important safeguards to have, especially since the state has a high rate of uninsured drivers. UM coverage can cover medical expenses, lost wages, pain and suffering, and property damage, depending on the limits of your policy.

Why Is UM Coverage So Important in Florida?

Florida has one of the highest rates of uninsured drivers in the nation. According to recent reports, about 20% of drivers in Florida do not carry insurance. This means that if you’re in an accident, there’s a significant chance that the other driver may not have coverage to pay for your injuries or damages. Without UM coverage, you may find yourself facing considerable financial hardship, even if the other driver was at fault.

Here are some key reasons why UM coverage is so crucial in Florida:

1. Florida’s High Rate of Uninsured Drivers

As mentioned, a large portion of drivers on Florida’s roads are uninsured or underinsured. In fact, it is estimated that roughly 1 in 5 drivers in the state are uninsured. This increases the likelihood that you could be involved in an accident with someone who cannot cover your damages. If you don’t have UM coverage, you may struggle to recover compensation for medical bills, lost wages, and other expenses resulting from the accident.

2. No-Fault Insurance System

Florida’s no-fault insurance system requires drivers to carry Personal Injury Protection (PIP) insurance. PIP covers medical expenses and lost wages regardless of who is at fault for the accident. However, PIP does not cover everything. For instance, if your injuries exceed your PIP coverage limits, you could be left with out-of-pocket medical bills and other costs. UM coverage fills this gap by covering expenses that PIP does not.

3. The Risk of Legal Action Against an Uninsured Driver

If you are injured in an accident with an uninsured driver, you can try to file a personal injury lawsuit against them. However, this option often proves difficult. If the other driver doesn’t have insurance, they may not have significant assets either. This makes it challenging to recover damages through litigation. In contrast, with UM coverage, you can file a claim with your own insurance company and recover compensation more quickly, without needing to engage in a lengthy legal battle.

4. UM Coverage Protects You as a Pedestrian or Bicyclist

It’s not just drivers who can benefit from UM coverage. If you are walking or biking and are struck by an uninsured driver, UM coverage can apply to your injuries. Pedestrians and cyclists are particularly vulnerable to severe injuries in accidents, and having UM coverage can be essential for covering medical bills and lost income in such cases.

What Does UM Coverage Pay For?

Uninsured Motorist coverage typically covers the following:

• Medical Expenses: UM coverage can pay for medical bills that exceed your PIP insurance limits, including hospital stays, doctor visits, surgery, physical therapy, and any other necessary medical treatments.

• Lost Wages: If your injuries prevent you from working, UM coverage can help replace lost income, ensuring that you can still meet your financial obligations during your recovery.

• Pain and Suffering: Unlike PIP insurance, which covers only tangible losses like medical bills and lost wages, UM coverage can compensate you for intangible losses such as pain and suffering, emotional distress, and the diminished quality of life caused by your injuries.

What Happens if You Don’t Have UM Coverage?

If you’re involved in an accident with an uninsured driver and you don’t have UM coverage, you’ll be limited in how you can recover compensation for your injuries. You may need to rely on your PIP insurance or pursue legal action against the at-fault driver. However, pursuing a lawsuit against an uninsured driver can be challenging, as they may not have the financial means to pay for your damages.

In the worst-case scenario, you could be left with substantial out-of-pocket expenses, including medical bills and lost wages, that your PIP insurance doesn’t cover. The lack of UM coverage can leave you vulnerable to financial hardship, especially if your injuries are severe and require long-term care.

How to Protect Yourself: Adding UM Coverage to Your Policy

Adding UM coverage to your auto insurance policy is relatively simple and inexpensive compared to the protection it provides. When you purchase UM coverage, you can select the amount of coverage that suits your needs. UM coverage limits often mirror your bodily injury liability coverage, but you can customize it based on your preferences.

While you are not required by law to carry UM coverage in Florida, your insurance company is obligated to offer it to you. If you choose not to purchase UM coverage, you must sign a form explicitly rejecting it. This is why it is important to carefully review your insurance policy and make an informed decision about whether you want to include UM coverage.

Don’t Wait for an Accident to Realize the Importance of UM Coverage

The peace of mind that comes with having Uninsured Motorist (UM) coverage cannot be overstated, especially in a state like Florida, where the likelihood of encountering an uninsured driver is higher than average. UM coverage ensures that you are protected financially in the event of an accident with someone who lacks sufficient insurance coverage.

If you don’t already have UM coverage on your policy, consider adding it to your auto insurance today. It’s an affordable way to safeguard your financial future and provide security for yourself and your family if the unexpected happens. As always, if you have questions about your insurance coverage or need help after being involved in an accident with an uninsured driver, it’s a good idea to consult with an experienced Florida personal injury attorney who can help you navigate the complexities of insurance claims and legal options.

Remember, your safety and financial security should never be left to chance. UM coverage can provide the protection you need to recover from an accident, even if the at-fault driver is uninsured.

Joshua Bradley

Josh Bradley is a seasoned personal injury attorney based in Jacksonville, Florida, with extensive experience in handling vehicle crash cases. Committed to providing compassionate and expert legal representation, Mr. Bradley has successfully helped hundreds of clients secure the compensation they deserve.