Florida accident guide

Hit by an uninsured driver in Florida: what to do and where coverage comes from

Written by Dolina Lascaze, Esq., a former prosecutor with about 19 years on the insurance and defense side. Updated October 5, 2026.

Key takeaways

Florida does not require drivers to carry bodily injury liability insurance in most cases, so uninsured and underinsured drivers are common.
Your own PIP and uninsured motorist (UM) coverage may be your main sources of recovery.
Notify your insurer promptly and keep every record.
A UM claim is a claim against your own insurer, and it can still be disputed.
Look for other sources too, such as an employer, a vehicle owner or another negligent party.

The short answer: start with your own policy

If you were hurt by a driver with no insurance, or not enough insurance, your own policy is usually where you start. Your Personal Injury Protection (PIP) coverage generally pays first for medical bills and part of lost income (Florida Statutes 627.736), and your uninsured and underinsured motorist (UM) coverage may pay damages the at fault driver cannot (Florida Statutes 627.727). Seek medical care within 14 days, tell your insurer about the crash promptly, and keep every record.

I spent about 19 years on the insurance and defense side, so I know how these claims are evaluated from the inside. The most common mistake I see is assuming that nothing can be done because the other driver has no insurance. Often there are more sources of recovery than people expect, but they depend on the facts and on the exact wording of your policy.

This is general information, not legal advice for your situation. If you were hurt and want to talk it through, a Florida car accident lawyer at Lascaze Law offers a free consultation.

Why uninsured drivers are a problem in Florida

Florida requires $10,000 in PIP and $10,000 in property damage coverage, but it does not require drivers to carry bodily injury liability insurance in most cases. That means a driver can legally be on the road with no coverage to pay for your injuries.

Even when the at fault driver does have a policy, the limits may be low compared with serious injuries. That is the underinsured problem. A driver with minimal limits and a seriously injured victim is a very common combination, whether the crash happens in Miami-Dade, Broward, Palm Beach, Orlando, Tampa or Jacksonville.

Your own coverage choices, made long before the crash, often decide how much protection you have. Check your policy declarations page to see whether you have UM coverage and what the limits are.

First steps after the crash

Call 911 and get medical care.
Get the other driver's name, license, plate and any insurance information.
Take photos and collect witness names.
Report the crash to the police.
Notify your own insurance company promptly.

If a driver has left the scene, see our article on hit and run accidents in Florida. Leaving the scene of a crash involving injury is a serious matter under Florida law (Florida Statutes 316.027).

Do not rely on a promise to pay

Uninsured drivers sometimes offer cash at the scene or promise to pay later. Be careful. You may not yet know the extent of your injuries or the cost of repair. A private promise rarely covers real medical costs and may complicate your insurance claim. Get the driver's information and report the crash.

Crash reports

Florida law has reporting rules for crashes (Florida Statutes 316.065), and communications made for the purpose of completing a crash report are generally protected (Florida Statutes 316.066). Make sure the officer records that the other driver had no insurance, if that is what you were told, and ask how to get a copy of the report.

Where your recovery may come from

Your own PIP coverage generally pays first, within its limits and deadlines (Florida Statutes 627.736). Initial treatment generally must begin within 14 days of the accident. See our guide to the Florida PIP 14 day rule for the details.

If you have uninsured and underinsured motorist (UM) coverage, it may apply when the at fault driver has no insurance or not enough (Florida Statutes 627.727). Florida policies that include bodily injury liability must generally include UM coverage unless the named insured rejects it in writing. Some policies allow UM coverage limits to be combined across vehicles and some do not, which can change how much is available.

Other possible sources include an employer's insurance if the driver was working, a vehicle owner's coverage, or another party whose negligence contributed to the crash.

The at fault driver personally

A person with no insurance may still be personally responsible for damages, but collecting from someone with few assets is often difficult. An attorney can help evaluate whether it is practical. Your UM coverage is often the more realistic path.

Health insurance and other coverage

Health insurance, medical payments coverage and disability benefits may help with treatment while your claim is pending. Tell your providers about every coverage you have.

How the injury threshold fits in

Florida's no fault law limits when an injured person can recover non-economic damages such as pain and suffering from an at fault driver. The injury generally must meet a statutory threshold, such as a permanent injury within a reasonable degree of medical probability (Florida Statutes 627.737). That threshold matters in a UM claim as well, because your insurer steps into the shoes of the uninsured driver. Your medical records will be the key evidence.

Common injuries, including neck and back injuries, are often disputed. See our article on whiplash after a Florida car accident if your main symptom is neck pain.

Why UM claims can be difficult

A UM claim is made against your own insurance company, but it is still a claim. The insurer evaluates liability, medical records and damages, and it may dispute them. Your policy also has conditions, such as prompt notice, that you need to follow.

What the insurer will look at

Whether the other driver was at fault, and whether you share any fault (Florida Statutes 768.81).
Whether you met the injury threshold.
Whether your treatment was prompt, consistent and related to the crash.
Your policy limits, whether you rejected UM in writing, and any stacking language.

Insurance adjusters typically compare your medical records to the description of the crash. Gaps in care, delays and inconsistent statements are the usual points of attack, even when the insurer is your own.

Shared fault

If an insurer argues you share fault, Florida generally bars recovery if you are more than 50 percent at fault, and otherwise reduces it by your percentage (Florida Statutes 768.81). Fault disputes happen in uninsured crashes just as in any other.

Mistakes that hurt claims

Waiting more than 14 days to see a provider.
Not telling your own insurer about the crash promptly.
Giving a detailed recorded statement without understanding it. See our guide to recorded statements in Florida.
Signing a release or accepting a first offer before knowing your future medical needs. See whether to accept the first settlement offer.
Assuming you have no UM coverage without reading your policy.
Missing deadlines. A negligence lawsuit generally must be filed within two years for claims arising after March 24, 2023 (Florida Statutes 95.11), and claims under your own policy can follow different time limits.

Evidence that matters in an uninsured driver case

The crash report and the officer's notes about insurance
Photos and video of the vehicles, the scene and your injuries
The other driver's name, address, license and plate, and the vehicle owner's name
Witness names and phone numbers
Your policy, declarations page and any UM rejection form
Medical records from your first visit forward, plus bills and pay stubs

If you do not know whether the other driver is insured, a lawyer may be able to request disclosure from a liability insurer, which generally must respond within 30 days of a written request (Florida Statutes 627.4137). That can help confirm whether a policy exists and what it provides.

When to call a lawyer

Call a lawyer if the other driver has no insurance, if the other driver's limits are low, if you have a serious injury, if you are unsure what your policy says, or if your own insurer is delaying or disputing the claim. A Florida personal injury lawyer can read the policy, identify every possible source, and handle the insurer. We hear from people in Miami Gardens, Tamarac, Pine Hills, Lakeland and Port St. Lucie. If you are searching for a Miami Gardens accident lawyer or a Pine Hills accident lawyer, the review starts the same way, with your policy and your records. Our guide on what a car accident lawyer costs in Florida explains how fees usually work.

How Lascaze Law helps

A lawyer can review your policy, identify every possible source of coverage, and handle communications with the insurer. Dolina Lascaze spent about 19 years inside an insurance company and understands how UM claims are evaluated. She is a former prosecutor with trial experience, and you speak with her directly. Lascaze Law offers a free consultation. Our only office is in Aventura, but we help people across Florida, including Fort Pierce, Ocala, Riviera Beach and Orlando, through remote intake by video and digital signing. We cannot promise a result, but we can explain your options. Call (305) 473-7858.

Whether you are looking for a Port St. Lucie accident lawyer, a Plant City accident lawyer or a Little Haiti accident lawyer, Florida's rules are the same statewide, and Lascaze Law offers a free consultation to injured people in all of these areas.

Frequently asked questions

What happens if I am hit by an uninsured driver in Florida?

Your own PIP coverage generally pays first for medical bills and part of lost income, if you begin treatment within 14 days (Florida Statutes 627.736). If you have uninsured motorist coverage, it may pay damages the at fault driver cannot (Florida Statutes 627.727). Notify your insurer promptly, keep your records and consider speaking with a lawyer.

Is it legal to drive without insurance in Florida?

Florida requires drivers to carry PIP and property damage coverage, but in most cases it does not require bodily injury liability insurance. That is why a driver can have the legally required coverage and still have nothing to pay for your injuries. Penalties and exceptions are set by statute, so ask a lawyer about a specific situation.

What is UM coverage and do I have it?

Uninsured and underinsured motorist coverage can pay when an at fault driver has no insurance or not enough. Policies with bodily injury liability must generally include UM unless the named insured rejects it in writing (Florida Statutes 627.727). Check your declarations page or ask your insurer or agent whether you have it and what the limits are.

Will my insurance rates go up if I make a UM claim?

It depends on your insurer, your policy and the facts, including whether you were at fault. I cannot predict how a particular company will rate a claim. Do not skip a claim you may be entitled to out of worry about rates without first asking your insurer and a lawyer how it would apply.

Can I sue the uninsured driver personally?

You may have a claim against the driver, but collecting is often hard if the person has few assets. Other sources may exist, such as an employer, a vehicle owner or your own UM coverage. A lawyer can help decide whether pursuing the driver personally is worth the cost. A negligence suit is generally subject to a two year deadline (Florida Statutes 95.11).

What if the other driver is underinsured?

If the at fault driver has insurance but the limits are too low for your damages, your own UM coverage may help cover the gap, depending on your policy (Florida Statutes 627.727). Do not accept a limits payment or sign a release without checking how it may affect your UM claim. Speak with a lawyer first.

Should I give a recorded statement to my own insurer?

Your policy may require reasonable cooperation, so do not ignore your insurer. But a recorded statement is not a casual chat. It can be used to dispute your claim. It is wise to speak with a lawyer first so you understand what is being asked and how to answer accurately.

How do I get a free consultation about an uninsured driver crash?

Call Lascaze Law at (305) 473-7858. You will speak directly with the attorney, and the consultation is free. Our only office is in Aventura, and we handle intake by video and digital signing for anyone in Florida. We can review your policy and explain possible sources of recovery.

Florida statutes referenced

About the author

Dolina Lascaze, Esq. is the founding and managing attorney of Lascaze Law in Aventura. She began her career as a prosecutor, spent about 19 years on the insurance and defense side, including trial work and senior leadership at a major insurance company, and now represents injured people across Florida. She has tried more than 40 criminal and more than 30 civil cases. Because she has seen how claims are evaluated from the inside, she can explain what insurers look for and how to protect your claim from the start. Read more.

This article is general information, not legal advice. Every case is different, laws change, and nothing here guarantees or predicts the outcome of any case.

Where Lascaze Law helps

Our only office is in Aventura. We represent injured people in these areas and across Florida: