Being hit by an uninsured driver can leave you with medical bills, vehicle damage and many questions. Florida’s insurance system offers some protection, but it does not cover every loss. Knowing how the law works can help you understand your options after a crash.
Your personal injury protection coverage comes first
Florida is one of the states where a driver is required to carry personal injury protection (PIP) insurance. PIP pays 80% of reasonable medical expenses and 60% of lost wages up to a $10,000 limit, but only if you seek medical treatment within 14 days of the crash; additionally, benefits are capped at $2,500 unless an emergency medical condition is diagnosed. However, PIP does not pay for every loss. It generally does not cover vehicle repairs or all injury-related damages.
Even with PIP, you may need to look at other sources of coverage.
Uninsured motorist coverage may help
Under Florida Statutes Section 627.727, insurers must offer Uninsured Motorist (UM) coverage, although drivers can reject it in writing. If you have UM coverage, it may help if the at-fault driver has no bodily injury liability insurance. It can also apply if the driver has bodily injury coverage, but the limits are not enough to fully cover your damages. UM coverage may apply in underinsured situations depending on policy terms and statutory structure.
The available benefits depend on the terms and limits of your policy.
Serious injuries may allow additional recovery
Some injuries are more severe than PIP can address. Under Florida Statutes Section 627.737, you may pursue damages for pain and suffering if your injury meets Florida’s serious injury threshold. This includes a significant and permanent loss of an important bodily function, a permanent injury within a reasonable degree of medical probability, significant and permanent scarring, or disfigurement or death.
Because every crash is different, the details of the accident matter.
Keep records after the accident
Taking a few important steps after a crash can help you stay organized. It can also make it easier to support your insurance claim. You should:
- Report the accident when required by law.
- Exchange information with the other driver.
- Take photos of the scene.
- Seek medical care as soon as possible.
- Keep copies of your medical records, repair estimates and insurance documents.
These records can help show the extent of your losses and support your claim.
Understanding how Florida’s insurance laws apply after an uninsured driver causes a crash can help you make informed decisions during a stressful time.