Florida Uninsured Motorist Lawyers
Florida has one of the highest rates of uninsured and underinsured drivers in the country. If you are injured in an accident caused by an uninsured or underinsured driver, you may face significant financial burdens, especially if the at-fault driver cannot cover your medical expenses, lost wages, or vehicle damage.
At Fogg Law Group, we help victims navigate uninsured motorist (UM) and underinsured motorist (UIM) claims, ensuring they receive the full compensation they are entitled to under their own insurance policies.
What Is Uninsured Motorist (UM) Coverage?
Uninsured motorist (UM) coverage provides financial protection when the at-fault driver does not have auto insurance. Instead of recovering damages from the negligent driver, you file a claim with your own insurance company.
UM coverage applies when:
- You are involved in an accident caused by an uninsured driver.
- The at-fault driver’s insurance company denies coverage or cancels their policy.
- You are a victim of a hit-and-run accident.
What Is Underinsured Motorist (UIM) Coverage?
Underinsured motorist (UIM) coverage applies when the at-fault driver has insurance, but not enough to cover your damages. If your losses exceed the at-fault driver’s policy limits, UIM coverage allows you to recover additional compensation from your own insurer.
Example: If your medical bills total $100,000, but the at-fault driver only carries $50,000 in bodily injury coverage, UIM coverage can make up the difference, provided you have sufficient limits.
Why Uninsured Motorist Claims Can Be Challenging
Filing a UM/UIM claim puts you against your own insurance company, which may:
- Dispute the extent of your injuries and attempt to minimize your payout.
- Blame you for the accident to reduce their financial responsibility.
- Delay or deny your claim to avoid paying what you are owed.
Insurance companies are not on your side in UM claims. They will use the same aggressive tactics against their own policyholders as they do against third-party claims. Our firm fights back, ensuring you receive the maximum compensation under your policy.
Florida’s Uninsured Motorist Laws
Florida law does not require drivers to carry bodily injury liability (BIL) coverage, meaning many drivers lack coverage to pay for injuries they cause. Because of this, uninsured motorist protection is highly recommended.
Key Florida laws impacting UM/UIM claims:
- No-Fault Insurance – Florida is a no-fault state, meaning your own Personal Injury Protection (PIP) pays for medical bills regardless of fault, but it is limited to $10,000. If injuries exceed PIP limits, UM coverage can step in.
- Stacking UM Coverage – Florida allows policyholders to stack UM coverage across multiple vehicles, increasing the amount available in a claim.
- Hit-and-Run Accidents – UM coverage applies if you are hit by an unknown or fleeing driver, provided there is proof of physical impact to your vehicle.
What Compensation Can You Recover in a UM/UIM Claim?
If you are injured by an uninsured or underinsured driver, you may recover damages for:
- Medical expenses (past and future)
- Lost wages and loss of earning capacity
- Pain and suffering
- Disability and disfigurement
- Emotional distress
Common Scenarios Where UM/UIM Coverage Applies
- Hit-and-Run Accidents – If the at-fault driver fled the scene, your UM policy covers your damages.
- Drunk Driving Accidents – Many intoxicated drivers lack insurance or have minimal coverage, making UM/UIM protection critical.
- Pedestrian and Bicycle Accidents – If you are hit by an uninsured motorist while walking or biking, UM benefits may apply.
- Passenger Injuries – If you are a passenger in a vehicle involved in an accident caused by an uninsured driver, you can file a UM claim through your own policy or the policy of the vehicle you were in.
How Our Firm Builds a Strong UM/UIM Claim
Insurance companies often undervalue UM/UIM claims. Our legal team strengthens your case by:
- Gathering accident reports and medical records to document the extent of your injuries.
- Working with accident reconstruction experts to establish fault.
- Reviewing all insurance policies to identify available coverage.
- Negotiating aggressively to secure the full policy limits in your claim.
Florida Statute of Limitations for UM/UIM Claims
Florida law sets strict deadlines for filing a claim:
- Personal Injury Claims – You must file a lawsuit within two years from the accident date (Florida Statutes § 95.11).
- Hit-and-Run Cases – If the driver is unidentified, claims must be filed within the UM policy’s contractual time limits, which can vary.
- Failing to act within these time limits may prevent you from recovering any compensation.
Frequently Asked Questions
Do I need UM/UIM coverage if I have health insurance?
Yes. Health insurance does not cover lost wages, pain and suffering, or long-term disability—UM/UIM benefits help with these losses.
Can I file a UM claim if I was a passenger?
Yes. You may file a UM claim through your own policy or the policy of the vehicle you were in at the time of the crash.
What if my insurance company refuses to pay my UM claim?
Insurance companies often delay or deny valid claims. If your insurer refuses to fairly compensate you, our attorneys can file a bad faith insurance claim on your behalf.
Can I still sue the uninsured driver?
You can sue an uninsured driver directly, but most do not have assets to pay a judgment. UM coverage ensures you are compensated regardless of the driver’s financial situation.
What does it cost to hire a UM/UIM lawyer?
We work on a contingency fee basis—you pay nothing unless we win your case.
Contact Fogg Law Group for a Free Consultation
If you have been injured in an accident caused by an uninsured or underinsured motorist, you need experienced legal representation. We will fight to recover every dollar you are owed under your policy. Call 1-561-616-3000 or contact us online to schedule a free consultation.