Understanding Uninsured and Underinsured Motorist Coverage in Florida
Introduction
Car accidents can be financially devastating, especially when the at-fault driver has little or no insurance coverage. In Florida, many drivers lack adequate insurance, leaving accident victims struggling to pay for medical expenses and vehicle repairs. Uninsured and underinsured motorist coverage provides an essential safety net for drivers, ensuring that they can still recover compensation when the at-fault driver is unable to pay.
This guide explains how uninsured and underinsured motorist coverage works in Florida, when it applies, and how it can help accident victims secure the compensation they need.
What Is Uninsured and Underinsured Motorist Coverage?
Uninsured motorist coverage protects drivers when they are involved in an accident caused by someone who does not have auto insurance. Underinsured motorist coverage applies when the at-fault driver has insurance, but their policy limits are too low to cover the full extent of the victim’s damages.
These coverages can help pay for:
- Medical expenses
- Lost wages
- Pain and suffering
- Vehicle repairs and other damages
Although Florida law does not require drivers to carry uninsured or underinsured motorist coverage, having this protection can be crucial in the event of an accident with an uninsured or underinsured driver.
Why Is Uninsured and Underinsured Motorist Coverage Important in Florida?
Florida has one of the highest rates of uninsured drivers in the country. Estimates suggest that nearly one in four Florida drivers does not carry auto insurance. Additionally, Florida only requires drivers to carry personal injury protection and property damage liability coverage, which do not provide compensation for injuries to other drivers.
This means that if an uninsured or underinsured driver causes an accident, the victim may have no way to recover damages unless they have uninsured or underinsured motorist coverage.
How Uninsured and Underinsured Motorist Coverage Works
When a policyholder is injured by an uninsured or underinsured driver, they can file a claim with their own insurance provider under their uninsured or underinsured motorist policy. The process typically involves:
- Reporting the accident to the insurance company and notifying them that the at-fault driver lacks sufficient coverage.
- Providing evidence of damages, including medical bills, lost wages, and repair costs.
- Negotiating a settlement with the insurance company to cover the remaining costs.
If the insurance company offers an unfair settlement, the policyholder may need to work with an attorney to pursue further compensation.
When Does Uninsured and Underinsured Motorist Coverage Apply?
Uninsured and underinsured motorist coverage may be used in various accident scenarios, including:
- A hit-and-run accident where the at-fault driver cannot be identified
- A crash caused by a driver who does not have any auto insurance
- An accident where the at-fault driver has insurance but their policy limits are too low to cover medical bills and other damages
- A pedestrian accident where the victim is struck by an uninsured driver
This coverage provides financial protection in cases where recovering damages from the at-fault party is unlikely or impossible.
How to File an Uninsured or Underinsured Motorist Claim
If you are involved in an accident and need to file an uninsured or underinsured motorist claim, follow these steps:
- Seek medical attention immediately to document injuries.
- Call the police and file an accident report, especially if the at-fault driver is uninsured or left the scene.
- Notify your insurance company as soon as possible.
- Collect evidence, including photos, witness statements, and medical records.
- Consult an attorney if the insurance company delays or denies the claim.
Challenges in Uninsured and Underinsured Motorist Claims
Insurance companies do not always make it easy for policyholders to recover compensation, even when they have valid uninsured or underinsured motorist coverage. Common challenges include:
- Insurance adjusters offering low settlements that do not cover all damages
- Disputes over whether the uninsured or underinsured motorist policy applies
- Delays in processing the claim
- Denials based on technicalities, such as policy exclusions or lapses
Working with an attorney can help navigate these challenges and ensure that accident victims receive the full benefits they are entitled to under their policy.
How a Personal Injury Attorney Can Help
An experienced attorney can assist with uninsured and underinsured motorist claims by:
- Reviewing the insurance policy to determine available coverage
- Gathering evidence to support the claim
- Negotiating with the insurance company to secure a fair settlement
- Taking legal action if the insurance provider wrongfully denies the claim
At Bonderud Law, we help accident victims understand their insurance coverage and fight for the compensation they deserve. If you were injured by an uninsured or underinsured driver, contact us today for a free consultation.
Conclusion
Uninsured and underinsured motorist coverage provides essential financial protection for Florida drivers. Since many drivers in Florida lack sufficient insurance, having this coverage can make the difference between receiving full compensation for an accident or being left with unpaid medical bills and other losses.
If you have been involved in an accident with an uninsured or underinsured driver, taking immediate action and consulting an experienced attorney can help ensure that you receive the benefits you are entitled to under your policy.
