What Happens If the At-Fault Driver Doesn’t Have Insurance?
You’ve been injured in a car accident, and the other driver is clearly at fault — but then you find out they don’t have insurance. Now what?
Unfortunately, this situation is all too common in Florida, which has one of the highest rates of uninsured drivers in the country. But being hit by an uninsured driver doesn’t mean you’re out of options.
At The Bonderud Law Firm, we help clients recover compensation even when the at-fault driver lacks insurance. Here’s how.
Florida’s Insurance Laws: A Quick Refresher
Florida is a no-fault state, which means:
- Your own insurance — specifically your Personal Injury Protection (PIP) — pays up to $10,000 for your medical expenses and lost wages, regardless of who caused the accident.
But PIP only goes so far — and it doesn’t cover pain and suffering or long-term damages. That’s where bodily injury liability coverage comes in.
Problem: Florida does not require drivers to carry bodily injury (BI) coverage.
What Are Your Options If the Other Driver Is Uninsured?
- Use Your UM/UIM Coverage
If you have uninsured/underinsured motorist (UM/UIM) coverage, you can file a claim with your own insurance company. This coverage can pay for:- Medical bills beyond PIP
- Lost income
- Pain and suffering
- Future care and loss of earning capacity
- File a Lawsuit Against the At-Fault Driver Personally
If the driver has assets or income, you can sue and try to collect a judgment. However, many uninsured drivers lack the resources to pay damages. - Explore Other Liable Parties
Depending on the facts, other parties may share liability — such as:- An employer (if the driver was on the job)
- A bar or restaurant (under Florida’s dram shop law)
- A vehicle owner who negligently entrusted the car
- Medical Payment (MedPay) Coverage
If you have MedPay on your auto policy, it may help cover additional medical costs regardless of fault.
Can I Still Sue If the Driver Has No Insurance?
Yes — but collecting on a judgment may be difficult. Florida allows for wage garnishment, liens, and asset seizure, but if the driver is judgment-proof, those remedies may not help.
That’s why we first explore insurance alternatives before pursuing litigation against an uninsured individual.
Don’t Assume You’re Out of Options
Being hit by an uninsured driver is frustrating — but with the right legal guidance, you may still be able to recover substantial compensation.
At The Bonderud Law Firm, we evaluate all available insurance policies, investigate all potential defendants, and work to maximize your recovery — even in difficult cases.
Contact us today to schedule a consultation.
