If you’ve been hurt in a car accident in Florida, there’s a good chance the at-fault driver doesn’t have enough insurance coverage to pay for your injuries. In fact, it happens more often than not – and the reason comes down to Florida law.
Florida does not require drivers to carry any insurance coverage for injuries they cause. Because of that, most drivers either carry no injury coverage at all or get the least amount they can get away with, typically around $10,000. When your medical bills and other losses exceed that amount, you’re left dealing with an underinsured driver.
The good news: there are options.
Have you been hurt in a car accident that wasn’t your fault? We can help – contact us for a free consultation.
Why At-Fault Drivers Are Often Underinsured in Florida
Florida law doesn’t require other drivers to carry bodily injury liability insurance. Since they’re not required to have it, most don’t, or they carry the bare minimum. That means when a serious accident occurs, the at-fault driver’s policy is often nowhere near enough to cover what you’re owed.
Watch the video on our YouTube channel: What If The At-Fault Driver Doesn’t Have Enough Coverage?
What Are Your Options When the At-Fault Driver Doesn’t Have Enough Coverage?
Option 1: Pursue the At-Fault Driver Personally
You can go after the at-fault driver directly rather than accepting the limits of their policy. However, this only makes practical sense if the driver has personal assets worth pursuing, and many underinsured drivers don’t.
Option 2: Use Your Own Uninsured/Underinsured Motorist Coverage
If you purchased uninsured motorist (UM) or underinsured motorist (UIM) coverage on your own auto policy, that coverage is designed exactly for this situation. It steps in when the at-fault driver has no injury coverage or not enough to cover your losses.
What Is UM/UIM Coverage and Why Does It Matter?
Uninsured and underinsured motorist coverage – often referred to together as UM coverage – protects you when the at-fault driver can’t fully cover your damages. It pays the difference between what the at-fault driver’s insurance covers and what you’re actually owed.
Given that Florida doesn’t require other drivers to carry injury coverage, your own UM policy is often your most important financial protection after a serious accident. Buy as much of it as you can reasonably afford.
Frequently Asked Questions
Can I file a UIM claim if the at-fault driver has some insurance but not enough?
Yes. UIM coverage applies when the at-fault driver has liability insurance but it falls short of covering your total damages. Your own policy makes up the difference.
What if I don’t have UM/UIM coverage?
Your options become more limited. You may still be able to pursue the at-fault driver personally through a lawsuit, but recovery can be difficult if they don’t have significant assets.
What is the difference between a UM insurance claim and a UIM claim?
A UM claim is filed in car accidents when the at-fault driver has no auto insurance at all. A UIM claim is filed when the at-fault driver has some liability insurance, but not enough to cover your losses.
Should I accept the first settlement offer from my insurance company on a UIM claim?
Not without speaking to a lawyer first about your case.. Your insurance company still has a financial interest in settling your claim for as little as possible. A personal injury lawyer can help ensure the compensation reflects your actual damages.
Can I file a lawsuit against the at-fault driver directly?
Yes. Going after the at-fault party personally is one option, but it’s most practical when the driver has assets worth pursuing. An injury law firm can help you assess whether it makes sense to seek compensation via that route.
How do I know how much UM insurance coverage to buy?
Buy as much as you can afford. Because Florida drivers aren’t required to carry injury coverage, the odds are good that if you’re seriously hurt in an accident, the other driver won’t have enough insurance to cover you. Your UM policy is your safety net.
Talk to a Florida Car Accident Lawyer
If the at-fault driver doesn’t have enough coverage to pay for your injuries, don’t try to navigate the insurance process alone. Contact Zarzaur Law, P.A. for a free case review.