Uninsured and Underinsured Motorist Claims in Florida
You did everything right—you were driving carefully and carrying insurance—and then someone with little or no coverage crashed into you. In Florida, this happens far more often than most drivers realize. Uninsured/underinsured motorist (UM/UIM) coverage is what protects you in exactly these situations. Here is how it works and why it may be the most important coverage on your policy.
What Is Uninsured/Underinsured Motorist Coverage?
UM/UIM coverage is optional insurance you carry on your own policy that pays for your injuries when the at-fault driver either has no insurance (uninsured) or does not have enough insurance to cover your damages (underinsured). Essentially, it lets your own insurance company step into the shoes of the at-fault driver’s insurer.
Why This Coverage Matters So Much in Florida
Florida has one of the highest rates of uninsured drivers in the country, and the state does not require drivers to carry bodily injury liability coverage. That means even a “fully insured” driver may only carry the state-minimum property damage and PIP—nowhere near enough to cover a serious injury. Without UM/UIM coverage, you could be left paying for someone else’s negligence out of your own pocket.
When Would You Use a UM/UIM Claim?
- The at-fault driver had no insurance at all
- The at-fault driver’s coverage was too low to pay your full damages
- You were injured by a hit-and-run driver who was never identified
- You were injured as a pedestrian or bicyclist by an uninsured driver
UM/UIM Claims Are Against Your Own Insurer
Here is the part that surprises many people: a UM/UIM claim is filed against your own insurance company. Even though you pay their premiums, your insurer may still fight to minimize your payout—disputing your injuries, your treatment, or the value of your claim. Having your own insurer act like an adversary can feel like a betrayal, and it is exactly why legal representation matters.
How an Attorney Helps
An experienced car accident attorney can identify all available coverage, handle the claim against your insurer, and push back on lowball tactics. We can also investigate hit-and-run crashes and make sure you meet the notice requirements in your policy. You focus on recovering; we handle the fight.
Hurt by an uninsured or underinsured driver? Call Alfredo J. Rubio Law, PLLC at 1-844-PODEMOS for a free consultation—in English or Spanish. Learn more about how we handle personal injury cases across Miami-Dade and Broward.
Frequently Asked Questions
Is uninsured motorist coverage required in Florida?
No. UM/UIM coverage is optional in Florida, but it is strongly recommended. Because Florida does not require drivers to carry bodily injury liability coverage, UM/UIM is often the only protection available when an at-fault driver has little or no insurance.
Can I file a UM claim for a hit-and-run in Florida?
Yes. If you were injured by a hit-and-run driver who was never identified, your uninsured motorist coverage can typically provide compensation, subject to your policy’s notice and reporting requirements.
Will my rates go up if I use my UM/UIM coverage?
Using coverage you paid for after an accident that was not your fault should not, by itself, be a basis for a surcharge. An attorney can advise you on your specific situation and protect your rights in the claim.
Why do I need a lawyer for a claim against my own insurance company?
Even though it is your insurer, a UM/UIM claim is still adversarial—the company may dispute your injuries and offer far less than your claim is worth. An attorney levels the playing field and fights for full compensation.
