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 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.

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.

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.