WE HAVE RECOVERED MILLIONS
OF DOLLARS FOR OUR CLIENTS
$3,400,000
Traffic Fatality
$2,150,000
Traffic Accident
$1,300,000
Motorcycle Accident
WE HAVE RECOVERED MILLIONS OF DOLLARS FOR OUR CLIENTS
$3,400,000 |
$2,150,000 |
$1,300,000 |
Traffic Accident |
Traffic Fatality |
Motorcycle Fatality |
WE HAVE RECOVERED MILLIONS OF DOLLARS FOR OUR CLIENTS
$3,400,000 |
$2,150,000 |
$1,300,000 |
Traffic Accident |
Traffic Fatality |
Motorcycle Accident |
JACKSONVILLE UNINSURED DRIVER ATTORNEYS
Protecting Victims Injured by Uninsured and Underinsured Drivers
Being injured in a car accident is difficult enough without discovering that the driver who caused the crash has no insurance or does not have enough coverage to pay for your injuries. Unfortunately, a lack of adequate insurance can turn an otherwise straightforward accident claim into a much more complicated matter. As Jacksonville uninsured driver attorneys, we regularly help injured people determine what insurance coverage and other sources of compensation may be available.
Florida’s automobile insurance laws can make these cases particularly confusing. Depending on the circumstances, compensation may be available through your own uninsured or underinsured motorist coverage, coverage provided under another applicable policy, or claims against other parties who share responsibility for the accident. Identifying these possibilities often requires reviewing the actual insurance policies rather than relying only on what appears on an insurance card or accident report.
At McGRATH GIBSON LAW, we approach these cases by first determining how the accident occurred, who was responsible, the extent of our client’s damages, and every potentially applicable source of insurance coverage. Our Jacksonville uninsured driver attorneys can investigate the available policies, explain how Florida’s uninsured and underinsured motorist laws apply, and pursue the compensation that may be available for the injuries and losses caused by the accident.
Rapid Response Contact Form
Free Consultations | NO Upfront Fees
JACKSONVILLE UNINSURED DRIVER ATTORNEYS
Being injured in a car accident is difficult enough without discovering that the driver who caused the crash has no insurance or does not have enough coverage to pay for your injuries. Unfortunately, a lack of adequate insurance can turn an otherwise straightforward accident claim into a much more complicated matter. As Jacksonville uninsured driver attorneys, we regularly help injured people determine what insurance coverage and other sources of compensation may be available.
Florida’s automobile insurance laws can make these cases particularly confusing. Depending on the circumstances, compensation may be available through your own uninsured or underinsured motorist coverage, coverage provided under another applicable policy, or claims against other parties who share responsibility for the accident. Identifying these possibilities often requires reviewing the actual insurance policies rather than relying only on what appears on an insurance card or accident report.
At McGRATH GIBSON LAW, we approach these cases by first determining how the accident occurred, who was responsible, the extent of our client’s damages, and every potentially applicable source of insurance coverage. Our Jacksonville uninsured driver attorneys can investigate the available policies, explain how Florida’s uninsured and underinsured motorist laws apply, and pursue the compensation that may be available for the injuries and losses caused by the accident.
Rapid Response Contact Form
Free Consultations | NO Upfront Fees
JACKSONVILLE UNINSURED DRIVER ATTORNEYS
Being injured in a car accident is difficult enough without discovering that the driver who caused the crash has no insurance or does not have enough coverage to pay for your injuries. Unfortunately, a lack of adequate insurance can turn an otherwise straightforward accident claim into a much more complicated matter. As Jacksonville uninsured driver attorneys, we regularly help injured people determine what insurance coverage and other sources of compensation may be available.
Florida’s automobile insurance laws can make these cases particularly confusing. Depending on the circumstances, compensation may be available through your own uninsured or underinsured motorist coverage, coverage provided under another applicable policy, or claims against other parties who share responsibility for the accident. Identifying these possibilities often requires reviewing the actual insurance policies rather than relying only on what appears on an insurance card or accident report.
At McGRATH GIBSON LAW, we approach these cases by first determining how the accident occurred, who was responsible, the extent of our client’s damages, and every potentially applicable source of insurance coverage. Our Jacksonville uninsured driver attorneys can investigate the available policies, explain how Florida’s uninsured and underinsured motorist laws apply, and pursue the compensation that may be available for the injuries and losses caused by the accident.
Rapid Response Contact Form
Free Consultations | NO Upfront Fees
WHAT OUR CLIENTS ARE SAYING
WHAT OUR CLIENTS ARE SAYING
Table of Contents
- What Is an Uninsured Driver?
- What Is an Underinsured Driver?
- Why Uninsured and Underinsured Drivers Create a Serious Problem in Florida
- What Happens When the Driver Who Hit You Has No Insurance?
- How Uninsured Motorist (UM) Coverage Works in Florida
- How Underinsured Motorist (UIM) Coverage Works
- What Does UM/UIM Insurance Cover After an Accident?
- What Is Stacked vs. Non-Stacked Uninsured Motorist Coverage?
- Can Other Household or Vehicle Insurance Policies Provide Coverage?
- Uninsured Motorist Coverage and Hit-and-Run Accidents
- What If Your Insurance Company Disputes Your UM/UIM Claim?
- Frequently Asked Questions About Uninsured and Underinsured Driver Accidents
- Learn More About Motor Vehicle Accident Claims
- Meet Michael D. McGrath
- Let’s Discuss Your Case
Table of Contents
- What Is an Uninsured Driver?
- What Is an Underinsured Driver?
- Why Uninsured and Underinsured Drivers Create a Serious Problem in Florida
- What Happens When the Driver Who Hit You Has No Insurance?
- How Uninsured Motorist (UM) Coverage Works in Florida
- How Underinsured Motorist (UIM) Coverage Works
- What Does UM/UIM Insurance Cover After an Accident?
- What Is Stacked vs. Non-Stacked Uninsured Motorist Coverage?
- Can Other Household or Vehicle Insurance Policies Provide Coverage?
- Uninsured Motorist Coverage and Hit-and-Run Accidents
- What If Your Insurance Company Disputes Your UM/UIM Claim?
- Frequently Asked Questions About Uninsured and Underinsured Driver Accidents
- Learn More About Motor Vehicle Accident Claims
- Meet Michael D. McGrath
- Let’s Discuss Your Case
Table of Contents
- What Is an Uninsured Driver?
- What Is an Underinsured Driver?
- Why Uninsured and Underinsured Drivers Create a Serious Problem in Florida
- What Happens When the Driver Who Hit You Has No Insurance?
- How Uninsured Motorist (UM) Coverage Works in Florida
- How Underinsured Motorist (UIM) Coverage Works
- What Does UM/UIM Insurance Cover After an Accident?
- What Is Stacked vs. Non-Stacked Uninsured Motorist Coverage?
- Can Other Household or Vehicle Insurance Policies Provide Coverage?
- Uninsured Motorist Coverage and Hit-and-Run Accidents
- What If Your Insurance Company Disputes Your UM/UIM Claim?
- Frequently Asked Questions About Uninsured and Underinsured Driver Accidents
- Learn More About Motor Vehicle Accident Claims
- Meet Michael D. McGrath
- Let’s Discuss Your Case
What Is an Uninsured Driver?
An uninsured driver is generally a motorist who causes an accident but does not have applicable bodily injury liability insurance available to compensate the people they injure. Florida requires most vehicle owners to maintain Personal Injury Protection (PIP) and Property Damage Liability coverage, but it does not generally require every driver to carry Bodily Injury Liability coverage. As a result, our Jacksonville uninsured driver attorneys often encounter drivers that caused an accident, are complying with Florida’s basic insurance requirements, but still have no bodily injury liability coverage available for our client’s injuries.
There are also circumstances in which a driver appears to have insurance at the accident scene, but the policy ultimately provides no applicable coverage. A policy may have lapsed, the insurer may deny coverage under the terms of the policy, or the coverage may otherwise be unavailable for the accident. Hit-and-run accidents can also involve uninsured motorist claims when the at-fault driver cannot be identified.
Our Jacksonville uninsured driver attorneys do not assume that an initial insurance determination tells the entire story. We investigate the at-fault driver’s coverage and review our client’s own automobile insurance policies to determine whether uninsured motorist coverage or another applicable policy may provide compensation. Understanding exactly what coverage exists is an important early step in determining how an injured person can pursue recovery after an accident involving an uninsured driver.
What Is an Uninsured Driver?
An uninsured driver is generally a motorist who causes an accident but does not have applicable bodily injury liability insurance available to compensate the people they injure. Florida requires most vehicle owners to maintain Personal Injury Protection (PIP) and Property Damage Liability coverage, but it does not generally require every driver to carry Bodily Injury Liability coverage. As a result, our Jacksonville uninsured driver attorneys often encounter drivers that caused an accident, are complying with Florida’s basic insurance requirements, but still have no bodily injury liability coverage available for our client’s injuries.
There are also circumstances in which a driver appears to have insurance at the accident scene, but the policy ultimately provides no applicable coverage. A policy may have lapsed, the insurer may deny coverage under the terms of the policy, or the coverage may otherwise be unavailable for the accident. Hit-and-run accidents can also involve uninsured motorist claims when the at-fault driver cannot be identified.
Our Jacksonville uninsured driver attorneys do not assume that an initial insurance determination tells the entire story. We investigate the at-fault driver’s coverage and review our client’s own automobile insurance policies to determine whether uninsured motorist coverage or another applicable policy may provide compensation. Understanding exactly what coverage exists is an important early step in determining how an injured person can pursue recovery after an accident involving an uninsured driver.
What Is an Underinsured Driver?
An underinsured driver is different from an uninsured driver because the motorist does have bodily injury liability insurance, but the available coverage is not sufficient to compensate an injured person for the full value of their damages. This can become a serious problem when an accident causes significant injuries, extended medical treatment, lost income, permanent limitations, or other substantial losses that exceed the at-fault driver’s policy limits.
For example, an at-fault driver may have $25,000 in bodily injury liability coverage, while the person they injured has damages that substantially exceed that amount. The liability insurer’s policy limit does not necessarily determine the value of the injury claim. It simply limits how much that particular insurance policy may be obligated to pay. When this occurs, our Jacksonville uninsured driver attorneys investigate additional sources of compensation.
Our Jacksonville uninsured driver attorneys also handle claims involving underinsured motorists and carefully examine the injured person’s own insurance coverage. Depending on the policy and circumstances, underinsured motorist coverage may provide additional compensation when the at-fault driver’s available liability insurance is inadequate. Determining the applicable policy limits, available UM/UIM coverage, and the full extent of the client’s damages helps us evaluate how compensation should be pursued.
What Is an Underinsured Driver?
An underinsured driver is different from an uninsured driver because the motorist does have bodily injury liability insurance, but the available coverage is not sufficient to compensate an injured person for the full value of their damages. This can become a serious problem when an accident causes significant injuries, extended medical treatment, lost income, permanent limitations, or other substantial losses that exceed the at-fault driver’s policy limits.
For example, an at-fault driver may have $25,000 in bodily injury liability coverage, while the person they injured has damages that substantially exceed that amount. The liability insurer’s policy limit does not necessarily determine the value of the injury claim. It simply limits how much that particular insurance policy may be obligated to pay. When this occurs, our Jacksonville uninsured driver attorneys investigate additional sources of compensation.
Our Jacksonville uninsured driver attorneys also handle claims involving underinsured motorists and carefully examine the injured person’s own insurance coverage. Depending on the policy and circumstances, underinsured motorist coverage may provide additional compensation when the at-fault driver’s available liability insurance is inadequate. Determining the applicable policy limits, available UM/UIM coverage, and the full extent of the client’s damages helps us evaluate how compensation should be pursued.
Why Uninsured and Underinsured Drivers Create a Serious Problem in Florida
Florida’s automobile insurance system can leave people injured in serious accidents facing a significant gap between their damages and the insurance available from the driver who caused the crash. Florida generally requires vehicle owners to maintain Personal Injury Protection (PIP) and Property Damage Liability coverage, but bodily injury liability coverage is not universally required for every driver. This means an at-fault motorist may have little or no insurance available to compensate someone for bodily injuries.
Even when a driver carries bodily injury liability insurance, relatively low policy limits can quickly become inadequate after a serious accident. Emergency treatment, hospitalization, surgery, rehabilitation, lost income, and future medical needs can result in damages that greatly exceed the available liability coverage. When several people are injured in the same accident, the available policy limits may also have to be divided among multiple claims.
For our Jacksonville uninsured driver attorneys, determining that the at-fault motorist has insufficient insurance is only part of the investigation. We also examine uninsured and underinsured motorist coverage, potentially applicable household or vehicle policies, and other possible sources of recovery. The goal is to understand the complete insurance picture before determining the best way to pursue compensation for our client’s injuries and losses.
Why Uninsured and Underinsured Drivers Create a Serious Problem in Florida
Florida’s automobile insurance system can leave people injured in serious accidents facing a significant gap between their damages and the insurance available from the driver who caused the crash. Florida generally requires vehicle owners to maintain Personal Injury Protection (PIP) and Property Damage Liability coverage, but bodily injury liability coverage is not universally required for every driver. This means an at-fault motorist may have little or no insurance available to compensate someone for bodily injuries.
Even when a driver carries bodily injury liability insurance, relatively low policy limits can quickly become inadequate after a serious accident. Emergency treatment, hospitalization, surgery, rehabilitation, lost income, and future medical needs can result in damages that greatly exceed the available liability coverage. When several people are injured in the same accident, the available policy limits may also have to be divided among multiple claims.
For our Jacksonville uninsured driver attorneys, determining that the at-fault motorist has insufficient insurance is only part of the investigation. We also examine uninsured and underinsured motorist coverage, potentially applicable household or vehicle policies, and other possible sources of recovery. The goal is to understand the complete insurance picture before determining the best way to pursue compensation for our client’s injuries and losses.
What Happens When the Driver Who Hit You Has No Insurance?
Learning that the driver who caused your accident has no bodily injury liability insurance does not necessarily mean that you have no way to recover compensation. Your own Personal Injury Protection (PIP) coverage may initially pay a portion of qualifying medical expenses and lost wages regardless of who caused the accident. However, PIP benefits are limited and may fall far short of the losses resulting from a serious injury.
One of the first things we look for is uninsured motorist coverage under the injured person’s automobile insurance policy. Depending on the policy and circumstances, UM coverage can provide compensation for damages the uninsured at-fault driver would otherwise have been responsible for paying. We also determine whether other policies may apply, including coverage associated with other vehicles or qualifying household members.
Our Jacksonville uninsured driver attorneys also investigate the accident itself and the people or businesses involved rather than treating the uninsured motorist as the only possible source of recovery. In some cases, another person or entity may share legal responsibility for causing the crash. The facts of each accident determine whether additional claims are available.
The important point is not to assume that an uninsured driver automatically means an uncompensated injury. We examine the available insurance policies, establish the at-fault driver’s liability, document the full extent of our client’s damages, and identify every reasonable source of recovery before determining how the claim should proceed.
What Happens When the Driver Who Hit You Has No Insurance?
Learning that the driver who caused your accident has no bodily injury liability insurance does not necessarily mean that you have no way to recover compensation. Your own Personal Injury Protection (PIP) coverage may initially pay a portion of qualifying medical expenses and lost wages regardless of who caused the accident. However, PIP benefits are limited and may fall far short of the losses resulting from a serious injury.
One of the first things we look for is uninsured motorist coverage under the injured person’s automobile insurance policy. Depending on the policy and circumstances, UM coverage can provide compensation for damages the uninsured at-fault driver would otherwise have been responsible for paying. We also determine whether other policies may apply, including coverage associated with other vehicles or qualifying household members.
Our Jacksonville uninsured driver attorneys also investigate the accident itself and the people or businesses involved rather than treating the uninsured motorist as the only possible source of recovery. In some cases, another person or entity may share legal responsibility for causing the crash. The facts of each accident determine whether additional claims are available.
The important point is not to assume that an uninsured driver automatically means an uncompensated injury. We examine the available insurance policies, establish the at-fault driver’s liability, document the full extent of our client’s damages, and identify every reasonable source of recovery before determining how the claim should proceed.
How Uninsured Motorist (UM) Coverage Works in Florida
Uninsured motorist (UM) coverage is designed to protect you when a driver who causes an accident does not have applicable bodily injury liability insurance. Instead of relying on the uninsured driver to personally pay substantial medical expenses and other damages, you may be able to pursue compensation through UM coverage provided by your own automobile insurance policy or another policy that applies to you.
Under Florida law, insurers issuing qualifying automobile liability policies must offer uninsured motorist coverage, generally in limits equal to the bodily injury liability limits purchased. A policyholder can reject UM coverage or select lower limits, but Florida law requires that decision to be made in writing. For this reason, our Jacksonville uninsured driver attorneys review the policy documents and coverage elections rather than assuming UM coverage is or is not available.
A UM claim can potentially compensate an injured person for damages they would have been legally entitled to recover from the at-fault driver if adequate liability insurance had existed. Depending on the circumstances, this can include medical expenses, lost income, future losses, and noneconomic damages such as pain and suffering when those damages are legally recoverable.
Although the claim may be made under your own insurance coverage, the insurer still has the right to investigate liability, injuries, causation, and the value of the damages being claimed. UM coverage therefore does not guarantee that the insurance company will automatically agree with the amount you believe you are entitled to recover. Building and documenting the underlying accident claim remains an important part of pursuing UM benefits.
How Uninsured Motorist (UM) Coverage Works in Florida
Uninsured motorist (UM) coverage is designed to protect you when a driver who causes an accident does not have applicable bodily injury liability insurance. Instead of relying on the uninsured driver to personally pay substantial medical expenses and other damages, you may be able to pursue compensation through UM coverage provided by your own automobile insurance policy or another policy that applies to you.
Under Florida law, insurers issuing qualifying automobile liability policies must offer uninsured motorist coverage, generally in limits equal to the bodily injury liability limits purchased. A policyholder can reject UM coverage or select lower limits, but Florida law requires that decision to be made in writing. For this reason, our Jacksonville uninsured driver attorneys review the policy documents and coverage elections rather than assuming UM coverage is or is not available.
A UM claim can potentially compensate an injured person for damages they would have been legally entitled to recover from the at-fault driver if adequate liability insurance had existed. Depending on the circumstances, this can include medical expenses, lost income, future losses, and noneconomic damages such as pain and suffering when those damages are legally recoverable.
Although the claim may be made under your own insurance coverage, the insurer still has the right to investigate liability, injuries, causation, and the value of the damages being claimed. UM coverage therefore does not guarantee that the insurance company will automatically agree with the amount you believe you are entitled to recover. Building and documenting the underlying accident claim remains an important part of pursuing UM benefits.
How Underinsured Motorist (UIM) Coverage Works
Underinsured motorist coverage becomes important when the driver who caused an accident has bodily injury liability insurance, but the available policy limits are not enough to compensate the injured person for the damages they sustained. In Florida, uninsured motorist coverage can also provide protection in these underinsured situations, depending on the coverage purchased and the terms of the applicable policy.
Consider an accident in which an at-fault driver has $25,000 in bodily injury liability coverage, but the injured person’s medical expenses, lost income, future treatment, pain and suffering, and other recoverable damages substantially exceed that amount. Recovering the at-fault driver’s policy limit may resolve the liability claim against that insurer, but it does not necessarily compensate the injured person for the full extent of the losses.
Our Jacksonville uninsured driver attorneys evaluate whether applicable UM/UIM coverage can provide an additional source of compensation after the at-fault driver’s available insurance is considered. This requires more than comparing medical bills with policy limits. We also evaluate the severity and permanence of the injuries, future medical needs, lost earning capacity, noneconomic damages, and other losses that may affect the overall value of the claim.
Underinsured motorist claims also require careful coordination between the liability claim and the injured person’s own insurance coverage. Before accepting a settlement from an at-fault driver’s insurer, it is important to understand the requirements of the applicable UM policy and Florida law. Taking the proper steps can help preserve the injured person’s ability to pursue additional compensation when the negligent driver’s insurance is insufficient.
How Underinsured Motorist (UIM) Coverage Works
Underinsured motorist coverage becomes important when the driver who caused an accident has bodily injury liability insurance, but the available policy limits are not enough to compensate the injured person for the damages they sustained. In Florida, uninsured motorist coverage can also provide protection in these underinsured situations, depending on the coverage purchased and the terms of the applicable policy.
Consider an accident in which an at-fault driver has $25,000 in bodily injury liability coverage, but the injured person’s medical expenses, lost income, future treatment, pain and suffering, and other recoverable damages substantially exceed that amount. Recovering the at-fault driver’s policy limit may resolve the liability claim against that insurer, but it does not necessarily compensate the injured person for the full extent of the losses.
Our Jacksonville uninsured driver attorneys evaluate whether applicable UM/UIM coverage can provide an additional source of compensation after the at-fault driver’s available insurance is considered. This requires more than comparing medical bills with policy limits. We also evaluate the severity and permanence of the injuries, future medical needs, lost earning capacity, noneconomic damages, and other losses that may affect the overall value of the claim.
Underinsured motorist claims also require careful coordination between the liability claim and the injured person’s own insurance coverage. Before accepting a settlement from an at-fault driver’s insurer, it is important to understand the requirements of the applicable UM policy and Florida law. Taking the proper steps can help preserve the injured person’s ability to pursue additional compensation when the negligent driver’s insurance is insufficient.
What Does UM/UIM Insurance Cover After an Accident?
Uninsured and underinsured motorist coverage is intended to compensate an injured person for damages they would have been legally entitled to recover from the driver who caused the accident, subject to the terms and limits of the applicable policy. The amount available depends on the circumstances of the crash, the injuries involved, the damages that can be proven, and the UM/UIM coverage available.
A claim may include medical expenses already incurred as well as the anticipated cost of future treatment related to the accident. Compensation may also include lost wages when injuries prevent someone from working and loss of future earning capacity when lasting injuries affect the person’s ability to earn income. Serious accidents can create financial losses that continue long after the initial medical treatment has ended.
UM/UIM claims can also include compensation for legally recoverable noneconomic damages. Depending on the injuries and Florida law, these may include pain and suffering, mental anguish, inconvenience, disability, and loss of enjoyment of life. Our Jacksonville uninsured driver attorneys document how an injury has affected the client’s health, work, daily activities, and future rather than evaluating a serious accident claim based solely on current medical bills.
The applicable UM/UIM policy limits still establish how much the insurer can be required to pay under that coverage. When damages exceed those limits, we examine whether additional insurance policies, responsible parties, or other sources of compensation may be available. Understanding both the full value of the damages and the total available coverage is essential when evaluating an uninsured or underinsured motorist claim.
What Does UM/UIM Insurance Cover After an Accident?
Uninsured and underinsured motorist coverage is intended to compensate an injured person for damages they would have been legally entitled to recover from the driver who caused the accident, subject to the terms and limits of the applicable policy. The amount available depends on the circumstances of the crash, the injuries involved, the damages that can be proven, and the UM/UIM coverage available.
A claim may include medical expenses already incurred as well as the anticipated cost of future treatment related to the accident. Compensation may also include lost wages when injuries prevent someone from working and loss of future earning capacity when lasting injuries affect the person’s ability to earn income. Serious accidents can create financial losses that continue long after the initial medical treatment has ended.
UM/UIM claims can also include compensation for legally recoverable noneconomic damages. Depending on the injuries and Florida law, these may include pain and suffering, mental anguish, inconvenience, disability, and loss of enjoyment of life. Our Jacksonville uninsured driver attorneys document how an injury has affected the client’s health, work, daily activities, and future rather than evaluating a serious accident claim based solely on current medical bills.
The applicable UM/UIM policy limits still establish how much the insurer can be required to pay under that coverage. When damages exceed those limits, we examine whether additional insurance policies, responsible parties, or other sources of compensation may be available. Understanding both the full value of the damages and the total available coverage is essential when evaluating an uninsured or underinsured motorist claim.
What Is Stacked vs. Non-Stacked Uninsured Motorist Coverage?
Florida drivers who purchase uninsured motorist coverage may have either stacked or non-stacked coverage. The distinction can significantly affect the amount of UM benefits available after an accident, particularly when a household has more than one insured vehicle. Because the difference is not always obvious from an insurance card, our Jacksonville uninsured driver attorneys review the declarations page, policy language, and coverage selections when determining the UM benefits potentially available.
Stacked UM coverage generally provides broader protection and may allow the coverage limits applicable to multiple insured vehicles to be combined. For example, if qualifying stacked coverage provides $100,000 in UM benefits per vehicle and three vehicles are covered, as much as $300,000 in combined UM coverage may potentially be available, depending on the policy and circumstances of the accident. Stacked coverage can also provide broader protection when an insured person is injured while occupying a vehicle that is not listed on the policy.
Non-stacked UM coverage is typically less expensive but comes with important limitations. Rather than combining the UM limits associated with multiple vehicles, the insured is generally limited to the coverage applicable under the non-stacked policy and the circumstances permitted by Florida law. Florida requires insurers to obtain a written selection when a policyholder chooses this more limited form of UM coverage.
Whether coverage can actually be stacked requires a careful review of the policies involved. We do not simply multiply a UM limit by the number of vehicles and assume that amount is available. We determine how each vehicle is insured, whether the coverage is stacked or non-stacked, who qualifies as an insured, and whether other applicable policies could provide additional benefits before calculating the UM coverage available for the claim.
What Is Stacked vs. Non-Stacked Uninsured Motorist Coverage?
Florida drivers who purchase uninsured motorist coverage may have either stacked or non-stacked coverage. The distinction can significantly affect the amount of UM benefits available after an accident, particularly when a household has more than one insured vehicle. Because the difference is not always obvious from an insurance card, our Jacksonville uninsured driver attorneys review the declarations page, policy language, and coverage selections when determining the UM benefits potentially available.
Stacked UM coverage generally provides broader protection and may allow the coverage limits applicable to multiple insured vehicles to be combined. For example, if qualifying stacked coverage provides $100,000 in UM benefits per vehicle and three vehicles are covered, as much as $300,000 in combined UM coverage may potentially be available, depending on the policy and circumstances of the accident. Stacked coverage can also provide broader protection when an insured person is injured while occupying a vehicle that is not listed on the policy.
Non-stacked UM coverage is typically less expensive but comes with important limitations. Rather than combining the UM limits associated with multiple vehicles, the insured is generally limited to the coverage applicable under the non-stacked policy and the circumstances permitted by Florida law. Florida requires insurers to obtain a written selection when a policyholder chooses this more limited form of UM coverage.
Whether coverage can actually be stacked requires a careful review of the policies involved. We do not simply multiply a UM limit by the number of vehicles and assume that amount is available. We determine how each vehicle is insured, whether the coverage is stacked or non-stacked, who qualifies as an insured, and whether other applicable policies could provide additional benefits before calculating the UM coverage available for the claim.
Can Other Household or Vehicle Insurance Policies Provide Coverage?
The insurance policy covering the vehicle involved in the accident is not always the only place we look for uninsured or underinsured motorist benefits. Depending on the policy language, the type of UM coverage purchased, and the person’s relationship to the policyholder, coverage associated with another vehicle or a resident family member may also need to be investigated. This is one reason we ask clients about all automobile insurance policies in their household.
Coverage questions can become particularly important when someone is injured while riding as a passenger, driving another vehicle, walking, or bicycling. UM protection can sometimes follow an insured person rather than being limited exclusively to accidents involving the vehicle listed on a particular policy. However, whether coverage applies depends on who qualifies as an insured, the policy terms, and whether the coverage is stacked or non-stacked.
Our Jacksonville uninsured driver attorneys obtain and review declarations pages, policy documents, coverage selections, and information about other insured vehicles and household members. We may also investigate policies covering the vehicle the client occupied and other potentially applicable insurance. The objective is to identify coverage that might otherwise be overlooked rather than assuming the most obvious automobile policy is the only source of UM/UIM benefits.
This review can make a significant difference when an accident causes catastrophic injuries or damages that exceed one policy’s limits. Before determining how much insurance is available, we want to understand the client’s complete coverage situation and how Florida law applies to each potentially relevant policy.
Can Other Household or Vehicle Insurance Policies Provide Coverage?
The insurance policy covering the vehicle involved in the accident is not always the only place we look for uninsured or underinsured motorist benefits. Depending on the policy language, the type of UM coverage purchased, and the person’s relationship to the policyholder, coverage associated with another vehicle or a resident family member may also need to be investigated. This is one reason we ask clients about all automobile insurance policies in their household.
Coverage questions can become particularly important when someone is injured while riding as a passenger, driving another vehicle, walking, or bicycling. UM protection can sometimes follow an insured person rather than being limited exclusively to accidents involving the vehicle listed on a particular policy. However, whether coverage applies depends on who qualifies as an insured, the policy terms, and whether the coverage is stacked or non-stacked.
Our Jacksonville uninsured driver attorneys obtain and review declarations pages, policy documents, coverage selections, and information about other insured vehicles and household members. We may also investigate policies covering the vehicle the client occupied and other potentially applicable insurance. The objective is to identify coverage that might otherwise be overlooked rather than assuming the most obvious automobile policy is the only source of UM/UIM benefits.
This review can make a significant difference when an accident causes catastrophic injuries or damages that exceed one policy’s limits. Before determining how much insurance is available, we want to understand the client’s complete coverage situation and how Florida law applies to each potentially relevant policy.
Uninsured Motorist Coverage and Hit-and-Run Accidents
Hit-and-run accidents create a unique insurance problem because the person responsible for the crash may never be identified. Without knowing who the driver is, there may be no liability insurance company against which to make a traditional bodily injury claim. When applicable uninsured motorist coverage exists, however, it may provide a source of compensation for injuries caused by an unidentified hit-and-run driver.
These accidents do not always involve one vehicle physically striking another and then leaving the scene. A driver may force another vehicle off the road, cause a collision between other vehicles, or create a dangerous situation and leave before being identified. The specific facts of the accident and the terms of the applicable insurance policy can become particularly important when determining whether UM coverage applies.
Evidence should be preserved as quickly as possible after a hit-and-run accident. Police reports, photographs, surveillance video, dash-camera footage, witness statements, vehicle damage, and information about where and when the collision occurred may help establish how the crash happened. Our Jacksonville uninsured driver attorneys can also investigate whether businesses, residences, traffic cameras, or other sources may have captured evidence that helps identify the fleeing vehicle.
Even when the hit-and-run driver is never located, we can investigate whether uninsured motorist coverage or another applicable policy provides a potential source of recovery. The inability to identify the negligent driver should not automatically be treated as the end of an injury claim. Establishing how the accident occurred and documenting the resulting damages remain essential when pursuing compensation through UM coverage.
Uninsured Motorist Coverage and Hit-and-Run Accidents
Hit-and-run accidents create a unique insurance problem because the person responsible for the crash may never be identified. Without knowing who the driver is, there may be no liability insurance company against which to make a traditional bodily injury claim. When applicable uninsured motorist coverage exists, however, it may provide a source of compensation for injuries caused by an unidentified hit-and-run driver.
These accidents do not always involve one vehicle physically striking another and then leaving the scene. A driver may force another vehicle off the road, cause a collision between other vehicles, or create a dangerous situation and leave before being identified. The specific facts of the accident and the terms of the applicable insurance policy can become particularly important when determining whether UM coverage applies.
Evidence should be preserved as quickly as possible after a hit-and-run accident. Police reports, photographs, surveillance video, dash-camera footage, witness statements, vehicle damage, and information about where and when the collision occurred may help establish how the crash happened. Our Jacksonville uninsured driver attorneys can also investigate whether businesses, residences, traffic cameras, or other sources may have captured evidence that helps identify the fleeing vehicle.
Even when the hit-and-run driver is never located, we can investigate whether uninsured motorist coverage or another applicable policy provides a potential source of recovery. The inability to identify the negligent driver should not automatically be treated as the end of an injury claim. Establishing how the accident occurred and documenting the resulting damages remain essential when pursuing compensation through UM coverage.
What If Your Insurance Company Disputes Your UM/UIM Claim?
Many people assume that making an uninsured or underinsured motorist claim against their own insurance company will be relatively simple. After all, they purchased the coverage and paid the premiums. However, a UM/UIM claim still requires the injured person to establish that the uninsured or underinsured driver was legally responsible for the accident and prove the nature and value of the damages being claimed.
Disputes can arise over who caused the accident, whether an injury resulted from the crash, the necessity or cost of medical treatment, the extent of a permanent injury, lost income, future damages, or the overall value of the claim. There may also be disagreements about whether UM/UIM coverage applies, who qualifies as an insured, the available policy limits, or how particular policy provisions should be interpreted.
Our Jacksonville uninsured driver attorneys approach these claims with the same attention to evidence that we would use when pursuing compensation from an at-fault driver’s liability insurer. We gather medical records, accident evidence, employment and income documentation, expert opinions when appropriate, and other information necessary to establish liability and damages.
When an insurance company undervalues or disputes a valid UM/UIM claim, negotiation may not be enough to resolve the disagreement. Depending on the circumstances, litigation may be necessary to establish the uninsured driver’s liability and the damages our client is legally entitled to recover. We prepare these cases with that possibility in mind while working toward a resolution that fairly reflects the client’s injuries and losses.
What If Your Insurance Company Disputes Your UM/UIM Claim?
Many people assume that making an uninsured or underinsured motorist claim against their own insurance company will be relatively simple. After all, they purchased the coverage and paid the premiums. However, a UM/UIM claim still requires the injured person to establish that the uninsured or underinsured driver was legally responsible for the accident and prove the nature and value of the damages being claimed.
Disputes can arise over who caused the accident, whether an injury resulted from the crash, the necessity or cost of medical treatment, the extent of a permanent injury, lost income, future damages, or the overall value of the claim. There may also be disagreements about whether UM/UIM coverage applies, who qualifies as an insured, the available policy limits, or how particular policy provisions should be interpreted.
Our Jacksonville uninsured driver attorneys approach these claims with the same attention to evidence that we would use when pursuing compensation from an at-fault driver’s liability insurer. We gather medical records, accident evidence, employment and income documentation, expert opinions when appropriate, and other information necessary to establish liability and damages.
When an insurance company undervalues or disputes a valid UM/UIM claim, negotiation may not be enough to resolve the disagreement. Depending on the circumstances, litigation may be necessary to establish the uninsured driver’s liability and the damages our client is legally entitled to recover. We prepare these cases with that possibility in mind while working toward a resolution that fairly reflects the client’s injuries and losses.
Frequently Asked Questions About Uninsured and Underinsured Driver Accidents
Can I sue an uninsured driver personally? Yes. An injured person may have a legal claim against the driver who caused the accident even when that driver has no bodily injury liability insurance. The practical issue is whether the uninsured driver has sufficient assets or income to satisfy a judgment. Our Jacksonville uninsured driver attorneys investigate available insurance and other realistic sources of recovery before determining how a claim should be pursued.
Can I make a UM claim against my own insurance company? If you purchased applicable uninsured motorist coverage, you may be able to make a claim under your own policy when an uninsured or underinsured driver causes your injuries. You still must establish the other driver’s legal responsibility and prove the damages you are entitled to recover.
Does uninsured motorist coverage apply to hit-and-run accidents? UM coverage may apply when an unidentified hit-and-run driver causes an accident. Coverage depends on the circumstances and applicable policy. Evidence establishing how the accident occurred can be especially important because the other driver may never be located.
What if I rejected uninsured motorist coverage? Florida permits policyholders to reject UM coverage in writing. If you validly rejected the coverage, UM benefits may not be available under that policy. We review the insurance documents and coverage selections before reaching a conclusion about whether coverage exists.
How do I know whether my UM coverage is stacked? Your declarations page may indicate whether the coverage is stacked or non-stacked, but we prefer to review the policy and coverage selections as well. The distinction can affect both the amount and scope of UM protection available after an accident.
Can a family member’s automobile policy provide UM coverage? Potentially. Coverage can depend on your relationship to the policyholder, whether you reside in the household, the policy language, and the type of UM coverage purchased. Other household automobile policies should therefore be investigated when determining the total coverage potentially available.
Will making an uninsured motorist claim increase my insurance premium? Florida law restricts an insurer from imposing a surcharge or refusing to renew solely because an insured was involved in an accident unless the insurer determines that the insured was substantially at fault. Premiums can be affected by many other underwriting factors, however, so the effect on a particular policy can depend on the circumstances.
How long do I have to pursue an uninsured or underinsured motorist claim? Deadlines can depend on the type of claim, the applicable policy, the date of the accident, and other circumstances. Because waiting can also make evidence more difficult to preserve, we recommend having the claim evaluated well before any potential legal deadline approaches.
Frequently Asked Questions About Uninsured and Underinsured Driver Accidents
Can I sue an uninsured driver personally? Yes. An injured person may have a legal claim against the driver who caused the accident even when that driver has no bodily injury liability insurance. The practical issue is whether the uninsured driver has sufficient assets or income to satisfy a judgment. Our Jacksonville uninsured driver attorneys investigate available insurance and other realistic sources of recovery before determining how a claim should be pursued.
Can I make a UM claim against my own insurance company? If you purchased applicable uninsured motorist coverage, you may be able to make a claim under your own policy when an uninsured or underinsured driver causes your injuries. You still must establish the other driver’s legal responsibility and prove the damages you are entitled to recover.
Does uninsured motorist coverage apply to hit-and-run accidents? UM coverage may apply when an unidentified hit-and-run driver causes an accident. Coverage depends on the circumstances and applicable policy. Evidence establishing how the accident occurred can be especially important because the other driver may never be located.
What if I rejected uninsured motorist coverage? Florida permits policyholders to reject UM coverage in writing. If you validly rejected the coverage, UM benefits may not be available under that policy. We review the insurance documents and coverage selections before reaching a conclusion about whether coverage exists.
How do I know whether my UM coverage is stacked? Your declarations page may indicate whether the coverage is stacked or non-stacked, but we prefer to review the policy and coverage selections as well. The distinction can affect both the amount and scope of UM protection available after an accident.
Can a family member’s automobile policy provide UM coverage? Potentially. Coverage can depend on your relationship to the policyholder, whether you reside in the household, the policy language, and the type of UM coverage purchased. Other household automobile policies should therefore be investigated when determining the total coverage potentially available.
Will making an uninsured motorist claim increase my insurance premium? Florida law restricts an insurer from imposing a surcharge or refusing to renew solely because an insured was involved in an accident unless the insurer determines that the insured was substantially at fault. Premiums can be affected by many other underwriting factors, however, so the effect on a particular policy can depend on the circumstances.
How long do I have to pursue an uninsured or underinsured motorist claim? Deadlines can depend on the type of claim, the applicable policy, the date of the accident, and other circumstances. Because waiting can also make evidence more difficult to preserve, we recommend having the claim evaluated well before any potential legal deadline approaches.
Learn More About Motor Vehicle Accident Claims
No two motor vehicle accidents are exactly alike, and the laws, insurance issues, and evidence involved can vary depending on the type of collision and the circumstances surrounding it. Throughout my years representing injured clients, I have learned that understanding these differences often helps people make better decisions after an accident. I created the following resources to provide more detailed information about many of the specific legal issues I encounter in my practice as a car accident lawyer in Jacksonville. Whether your accident involved a commercial truck, motorcycle, pedestrian, bicycle, or another type of motor vehicle collision, these articles are designed to help you better understand your legal rights and the factors that may affect your claim.
Learn More About Motor Vehicle Accident Claims
No two motor vehicle accidents are exactly alike, and the laws, insurance issues, and evidence involved can vary depending on the type of collision and the circumstances surrounding it. Throughout my years representing injured clients, I have learned that understanding these differences often helps people make better decisions after an accident. I created the following resources to provide more detailed information about many of the specific legal issues I encounter in my practice as a car accident lawyer in Jacksonville. Whether your accident involved a commercial truck, motorcycle, pedestrian, bicycle, or another type of motor vehicle collision, these articles are designed to help you better understand your legal rights and the factors that may affect your claim.
Meet Michael D. McGrath
Managing Partner
I co-founded McGRATH GIBSON LAW in 2007 with my law partner, Brad Gibson, after we combined our respective practices to better serve individuals and families throughout Northeast Florida. As the firm’s managing partner, I concentrate my practice on representing clients in serious personal injury, wrongful death, and negligence cases, including those involving motor vehicle accidents.
I am licensed to practice law in Florida, Georgia, and North Carolina and am a member of the state bar in each jurisdiction. Throughout my career, I have remained committed to providing clients with honest legal guidance, thorough case preparation, and personalized representation based on the unique facts of every case.
My professional credentials include an AV Preeminent® Peer Review Rating from Martindale-Hubbell® and a Superb rating from Avvo®. The AV Preeminent rating is based on confidential peer evaluations by members of the legal profession and reflects assessments of professional ethics and legal ability. According to Martindale-Hubbell, attorneys must generally have been admitted to practice for at least ten years before becoming eligible for this distinction.
Whether you are researching your legal options or deciding whether to hire a car accident lawyer in Jacksonville, I believe it is important to understand the qualifications and experience of the attorney who may represent you. My goal is to provide clear legal advice, answer your questions honestly, and help you make informed decisions about your case.
Meet Michael D. McGrath
Managing Partner
I co-founded McGRATH GIBSON LAW in 2007 with my law partner, Brad Gibson, after we combined our respective practices to better serve individuals and families throughout Northeast Florida. As the firm’s managing partner, I concentrate my practice on representing clients in serious personal injury, wrongful death, and negligence cases, including those involving motor vehicle accidents.
I am licensed to practice law in Florida, Georgia, and North Carolina and am a member of the state bar in each jurisdiction. Throughout my career, I have remained committed to providing clients with honest legal guidance, thorough case preparation, and personalized representation based on the unique facts of every case.
My professional credentials include an AV Preeminent® Peer Review Rating from Martindale-Hubbell® and a Superb rating from Avvo®. The AV Preeminent rating is based on confidential peer evaluations by members of the legal profession and reflects assessments of professional ethics and legal ability. According to Martindale-Hubbell, attorneys must generally have been admitted to practice for at least ten years before becoming eligible for this distinction.
Whether you are researching your legal options or deciding whether to hire a car accident lawyer in Jacksonville, I believe it is important to understand the qualifications and experience of the attorney who may represent you. My goal is to provide clear legal advice, answer your questions honestly, and help you make informed decisions about your case.
Meet Michael D. McGrath
Managing Partner
I co-founded McGRATH GIBSON LAW in 2007 with my law partner, Brad Gibson, after we combined our respective practices to better serve individuals and families throughout Northeast Florida. As the firm’s managing partner, I concentrate my practice on representing clients in serious personal injury, wrongful death, and negligence cases, including those involving motor vehicle accidents.
I am licensed to practice law in Florida, Georgia, and North Carolina and am a member of the state bar in each jurisdiction. Throughout my career, I have remained committed to providing clients with honest legal guidance, thorough case preparation, and personalized representation based on the unique facts of every case.
My professional credentials include an AV Preeminent® Peer Review Rating from Martindale-Hubbell® and a Superb rating from Avvo®. The AV Preeminent rating is based on confidential peer evaluations by members of the legal profession and reflects assessments of professional ethics and legal ability. According to Martindale-Hubbell, attorneys must generally have been admitted to practice for at least ten years before becoming eligible for this distinction.
Whether you are researching your legal options or deciding whether to hire a car accident lawyer in Jacksonville, I believe it is important to understand the qualifications and experience of the attorney who may represent you. My goal is to provide clear legal advice, answer your questions honestly, and help you make informed decisions about your case.
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McGRATH GIBSON LAW
PERSONAL INJURY | FAMILY LAW | CRIMINAL DEFENSE
ATTORNEY DISCLAIMER
The Jacksonville personal injury attorneys, family law attorneys and criminal defense attorneys of McGRATH GIBSON LAW are licensed to practice in the states of Florida, Georgia, and North Carolina. Additionally, we represent the injured throughout the United States pro hoc vice, and with the help of local counsel. While we strive to personally handle all types of personal injury and wrongful death claims there are occasions where cases may be referred to another lawyer.
We also support our veterans by proudly providing representation for Military Veterans and the Men and Women who currently serve in our armed forces at the Mayport Naval Station, Naval Air Station of Jacksonville, Camp Blanding, United States Army, Army Reserve, United States Marines, Florida National Guard, Air National Guard, United States Coast Guard, Air Force, and Air Force Reserve. McGRATH GIBSON LAW family law attorneys offer representation in the areas of Family Law, Divorce, Alimony, Child Custody and Child Support throughout Florida. Representation for Military Divorce handled throughout the United States and U.S. Territories independently or with local counsel where required.
The hiring of a lawyer is an important decision that should not be based solely upon advertisements. This website is not intended to be an advertisement or solicitation. Material contained in the McGRATH GIBSON LAW website is for general information only and does not constitute legal advice or solicitation of legal services. Transmission of information from this website is not intended to create, and its receipt does not constitute an attorney-client relationship between the law firm of McGRATH GIBSON LAW and the reader. In the event that any information on this website does not conform fully with regulations in any jurisdiction, this law firm will not accept representation based on that information.
Information contained herein is the exclusive property of McGRATH GIBSON LAW and may not be copied, reproduced retransmitted or otherwise utilized for any purpose without the express written consent of McGRATH GIBSON LAW.
McGRATH GIBSON LAW
PERSONAL INJURY | FAMILY LAW | CRIMINAL DEFENSE
ATTORNEY DISCLAIMER
The Jacksonville personal injury attorneys, family law attorneys and criminal defense attorneys of McGRATH GIBSON are licensed to practice in the states of Florida, Georgia, and North Carolina. Additionally, we represent the injured throughout the United States pro hoc vice, and with the help of local counsel. While we strive to personally handle all types of personal injury and wrongful death claims there are occasions where cases may be referred to another lawyer.
We also support our veterans by proudly providing representation for Military Veterans and the Men and Women who currently serve in our armed forces at the Mayport Naval Station, Naval Air Station of Jacksonville, Camp Blanding, United States Army, Army Reserve, United States Marines, Florida National Guard, Air National Guard, United States Coast Guard, Air Force, and Air Force Reserve. McGRATH GIBSON family law attorneys offer representation in the areas of Family Law, Divorce, Alimony, Child Custody and Child Support throughout Florida. Representation for Military Divorce handled throughout the United States and U.S. Territories independently or with local counsel where required.
The hiring of a lawyer is an important decision that should not be based solely upon advertisements. This website is not intended to be an advertisement or solicitation. Material contained in the McGRATH GIBSON website is for general information only and does not constitute legal advice or solicitation of legal services. Transmission of information from this website is not intended to create, and its receipt does not constitute an attorney-client relationship between the law firm of McGRATH GIBSON and the reader. In the event that any information on this website does not conform fully with regulations in any jurisdiction, this law firm will not accept representation based on that information.
Information contained herein is the exclusive property of McGRATH GIBSON and may not be copied, reproduced retransmitted or otherwise utilized for any purpose without the express written consent of McGRATH GIBSON.
(904) 358-3300
Calls Answered 24 Hours a Day, Every Day.
Office: M-F 8:00 AM to 5:00 PM
Main Office:
6117 Atlantic Boulevard
Jacksonville, FL 32211
(904) 358-3300
Calls Answered 24 Hours a Day, Every Day.
Office Hours: M-F 8:00 AM to 5:00 PM
6117 Atlantic Boulevard
Jacksonville, FL 32211
