Getting into a car accident is stressful enough without discovering that the driver who caused it has no insurance. Unfortunately, this is a reality that Florida drivers face more often than you might expect. Florida holds the distinction of being the only state in the entire country that does not require drivers to carry bodily injury coverage on their auto insurance policies. That means there are people on the road every single day who have no coverage to pay for your injuries if they cause an accident.
At The Florida Trucking Lawyers, we see these cases regularly, and we know how frustrating and overwhelming it can feel to learn that the person who hurt you may not have the means to compensate you. But there are options, and understanding them before and after an accident can make all the difference.
Florida’s Unique Insurance Gap
In every other state, drivers are required to carry some level of bodily injury liability coverage, which pays for the other person’s injuries when the policyholder causes an accident. Florida stands alone in not having this requirement. While Florida does require drivers to carry personal injury protection (PIP) and property damage liability coverage, neither of those covers the injuries of someone else when the policyholder is at fault.
This creates a significant gap in protection for Florida drivers. If you are hit by someone who only carries the state minimum requirements, there may be no bodily injury coverage available to pay for your medical bills, lost wages, or pain and suffering. The at-fault driver’s PIP only covers their own injuries, not yours. And their property damage coverage only applies to your vehicle, not your body.
Can You Sue an Uninsured Driver?
When people learn that the driver who hit them has no bodily injury coverage, the first question is usually whether they can sue that person directly. The short answer is yes, you can file a personal lawsuit against an uninsured driver. But the practical answer is more complicated.
A person who does not carry bodily injury coverage on their vehicle often does not have significant personal assets to go after in a lawsuit. Under Florida law, certain assets are protected from creditors and lawsuits. A person’s primary residence, known as their homestead, is protected. Retirement accounts like 401(k) plans are also shielded. The only assets you can pursue are those above and beyond these protections, and in most cases, that does not amount to much.
As the saying goes, it is hard to squeeze water out of a rock. While a judgment against the uninsured driver may be satisfying on paper, collecting on that judgment is often a different story entirely.
The Importance of Uninsured Motorist Coverage
The single most important thing Florida drivers can do to protect themselves is to carry uninsured motorist (UM) coverage, also known as underinsured motorist (UIM) coverage, on their own auto insurance policy. This coverage steps in when the at-fault driver has no insurance or does not have enough insurance to cover your injuries.
For example, if you are hit by a driver who only carries a minimal $10,000 bodily injury policy and your injuries far exceed that amount, your UM/UIM coverage would kick in to cover the difference. This is an incredibly valuable layer of protection in a state where so many drivers are on the road without adequate coverage.
The best time to check whether you have this coverage is before an accident happens. Review your auto insurance policy now and confirm that you carry UM/UIM coverage. If you do not have it, contact your insurance provider and add it. The cost is typically modest compared to the protection it provides, and it could be the difference between recovering full compensation and being left with nothing after a serious accident.
UM Coverage Protects More Than Just Drivers
One of the most valuable aspects of uninsured motorist coverage is how broadly it applies. Most people think of it as something that only protects them while they are behind the wheel, but it goes much further than that.
If you are a pedestrian walking along the road and you are struck by an uninsured vehicle, your own UM coverage will protect you even though you were not in your car at the time. If a family member who lives in your household is involved in an accident with an uninsured driver, your UM coverage extends to them as well, even if they are not a driver themselves. This means that if your teenage child is walking down the street and gets hit by a car with no insurance, your policy is there to cover them.
In a state like Florida, where bodily injury coverage is not mandatory, having UM/UIM coverage is not just a smart financial decision. It is an essential safeguard for your entire family.
Know Your Options After an Uninsured Driver Accident
If you have been in a car accident in Florida and the driver who hit you was uninsured or underinsured, do not assume that you are out of options. Between your own UM/UIM coverage, potential claims against other parties, and the possibility of pursuing the at-fault driver personally, there may be paths to recovery that you are not aware of.
The Florida Trucking Lawyers work with accident victims across Florida who are dealing with exactly this situation. We understand the complexities of uninsured and underinsured motorist claims, and we can review your policy, identify every available source of coverage, and fight to get you the compensation you deserve.
