Uninsured Motorist Claims in Florida: What You Need to Know

Florida has one of the highest rates of uninsured drivers in the country — here's how to protect yourself when you're hit by one.

If the driver who hit you doesn't have insurance, or doesn't have enough, you're not necessarily out of luck. Uninsured motorist (UM) coverage, if you have it, can step in to cover your damages.

Why this matters in Florida

Florida consistently ranks among the states with the highest percentage of uninsured drivers on the road, meaning the risk of being hit by someone without coverage is real and common.

How uninsured motorist coverage works

If you carry UM coverage on your own policy, it can pay for your medical bills, lost wages, and pain and suffering when the at-fault driver has no insurance at all, or doesn't carry enough to cover your damages (this is sometimes called underinsured motorist coverage).

What if you don't have UM coverage

In Florida, insurers are required to offer UM coverage, but you can decline it in writing. If you did not decline it, you may have coverage even if you don't remember purchasing it separately. An attorney can help confirm what coverage actually applies to your policy.

Filing a UM claim

Report the accident and confirm the other driver's insurance status.
Notify your own insurance company of the claim.
Document your injuries and losses just as you would in any injury claim.
Be prepared for your own insurer to dispute the claim — UM claims are sometimes contested the same way third-party claims are.

Why you may still need a lawyer

It can feel unusual to need legal help against your own insurance company, but UM claims are still adversarial in practice. Insurers evaluate these claims carefully, and having representation helps ensure you receive fair compensation.

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FAQ

Frequently Asked Questions

What if I'm not sure whether I have uninsured motorist coverage?

Your insurance policy declarations page will show this, or your agent can confirm it. An attorney can also help you review your policy.

Can I still file a claim against the uninsured driver directly?

You can, but if they have no insurance and limited assets, recovering compensation directly from them is often difficult. UM coverage is usually the more reliable path.

Does filing a UM claim raise my insurance rates?

In Florida, insurers generally cannot raise your rates for filing a UM claim when you were not at fault for the accident.