The Coverage That Decides More Cases Than Any Other
Here's a hard truth we see play out in our office regularly: a client is seriously injured, the other driver is clearly at fault, and there is no money to recover. Not because the case is weak, but because the at-fault driver has no insurance and no assets, and the client declined uninsured motorist coverage years ago to save a few dollars a month.
In Florida, this happens quite often. Here's why and how to protect yourself before you ever need it.
Florida's Insurance Gap, Explained
Two facts about Florida that surprise almost everyone:
- Florida does not require drivers to carry bodily injury (BI) liability coverage. The state only mandates PIP (personal injury protection) and property damage liability. That means a driver can be fully "legal" on Florida roads while carrying zero coverage for the people they injure.
- Florida consistently ranks among the worst states in the nation for uninsured drivers. Roughly one in five drivers on the road has no coverage at all, and many more carry only the bare minimum.
Put those together, and the odds that the driver who hits you has meaningful insurance are worse than a coin flip in many scenarios.
What UM/UIM Coverage Actually Does
Uninsured/underinsured motorist (UM/UIM) coverage is your own policy stepping in to do what the at-fault driver's insurance should have done. It covers your medical bills, lost wages, and pain and suffering when:
- The at-fault driver has no bodily injury coverage (uninsured)
- The at-fault driver's coverage isn't enough for your injuries (underinsured)
- You're the victim of a hit-and-run
It follows you as a driver, a passenger in someone else's car, a pedestrian, or a cyclist.
"But I Never Bought That" — Check Again
Under Florida law, insurers must offer you UM coverage equal to your bodily injury limits, and you can only decline it by signing a written rejection. Many people signed that form years ago without understanding what they were giving up. Others selected "non-stacking" coverage without knowing that "stacked" UM coverage can multiply protection across the vehicles on your policy.
Our advice, as a firm that sees the aftermath every week: pull out your declarations page tonight. If you don't see UM coverage or you see "non-stacked" limits lower than your BI limits, call your agent. UM coverage is usually one of the least expensive lines on your policy relative to the protection it provides.
Already Injured by an Uninsured Driver?
Don't assume there's no recovery. UM claims, resident-relative coverage, umbrella policies, and other sources are often available even when the at-fault driver has nothing. An attorney can identify every available policy and deal with your own insurer, who (surprisingly to many people) will fight a UM claim just as hard as any defendant would.
The Law Office of Maria R. Alaimo LLC helps injury victims across Fort Myers and Southwest Florida find every dollar of available coverage. Consultations are free, and you pay nothing unless we recover for you.
Disclaimer: This article is for general informational purposes only and does not constitute legal advice or insurance advice. Reading this article does not create an attorney-client relationship. Consult a licensed Florida attorney about your specific situation. The hiring of a lawyer is an important decision that should not be based solely upon advertisements. Prior results do not guarantee a similar outcome.
