Miami Uninsured Motorist Lawyer - When the At-Fault Driver Has No Insurance

F.S. §627.727 - UM/UIM Coverage

Under F.S. §627.727, Florida does not require drivers to carry uninsured/underinsured motorist (UM/UIM) coverage. However, every auto insurance company in Florida must offer UM coverage to policyholders. If you do not want UM coverage, you must reject it in writing. Many Florida drivers carry UM coverage - sometimes without even realizing it - because they did not affirmatively reject it when they purchased their policy.

UM coverage is designed to protect you when the person who caused your accident either has no liability insurance or does not have enough insurance to cover your damages. It is, in effect, a safety net built into your own policy.

When UM/UIM Coverage Applies

Your uninsured/underinsured motorist coverage may apply in these common situations:

• Uninsured driver - The at-fault driver carries no bodily injury liability insurance at all. Despite Florida's insurance requirements, a significant number of Florida drivers are uninsured.
• Underinsured driver - The at-fault driver has liability insurance, but the policy limits are not enough to cover the full extent of your damages. For example, if the at-fault driver has $25,000 in coverage but your damages total $150,000, your UIM coverage may cover the gap.
• Hit-and-run accidents - When the at-fault driver flees the scene and cannot be identified, your UM coverage may apply. Our hit-and-run accident attorneys can help you navigate this process.

Stacking UM Coverage

Florida law allows policyholders to stack their UM coverage. Stacking means multiplying your UM coverage limits by the number of vehicles on your policy. For example:

• $100,000 UM coverage × 1 vehicle = $100,000 available
• $100,000 UM coverage × 3 vehicles (stacked) = $300,000 available

Insurance companies are required to offer stacked coverage, though premiums are typically higher. If you elected stacking when you purchased your policy, you may have significantly more coverage available than you realize. An attorney can review your policy to determine your full UM limits.

Florida's No-Fault System and UM Claims

Florida is a no-fault state requiring $10,000 in PIP coverage under F.S. §627.736. PIP covers your initial medical expenses regardless of fault - but only up to $10,000, and you must seek treatment within 14 days. For injuries exceeding PIP limits, UM coverage becomes critical when the at-fault driver is uninsured or underinsured.

Florida consistently ranks among the states with the highest rates of uninsured drivers in the country. Industry estimates suggest that roughly one in five Florida drivers may be uninsured or carry only the minimum required coverage (PIP and property damage liability - with no bodily injury liability coverage at all). Florida is one of the few states that does not require drivers to carry bodily injury liability insurance.

This means that if you are hit by another driver in Miami-Dade County, there is a meaningful chance that the at-fault driver has no coverage for your injuries beyond the $10,000 in PIP required by state law. In these situations, your own UM/UIM coverage may be the only realistic source of compensation for serious injuries.

This is why we strongly encourage every Florida driver to carry uninsured/underinsured motorist coverage - and to consider stacking it if you have multiple vehicles on your policy. It is an investment in your own protection.

Our Miami personal injury lawyers also handle car accident and hit-and-run accident cases throughout Miami-Dade County.