Hit by an Uninsured Driver in Florida? Here Is Where the Money Actually Comes From

Many Florida drivers assume the at-fault driver’s insurance will pay for their injuries. That assumption is often wrong. Florida’s financial responsibility laws generally require drivers to carry Personal Injury Protection (PIP) and property damage liability coverage, but most drivers are not required to carry bodily injury liability insurance. As a result, even a driver who is technically “insured” may have no coverage at all for the injuries they cause. Here, our Orlando uninsured motorist attorneys walk through the layers of coverage that may be available and where claims tend to go wrong.

Layer One: Your Own PIP Benefits

PIP is the starting point regardless of fault. It provides up to $10,000 in benefits, generally covering 80 percent of reasonable medical expenses and 60 percent of lost income, and treatment must begin within 14 days of the crash. For anything beyond a minor injury, that ceiling is reached quickly. PIP is best understood as a bridge, not a solution.

Layer Two: Uninsured and Underinsured Motorist Coverage

The most important coverage in these cases is usually your own. Under Fla. Stat. § 627.727(1), a Florida auto policy that includes bodily injury liability coverage must also include uninsured motorist (UM) coverage unless the named insured rejects it in writing on an approved form. Once that form is signed, the law conclusively presumes the rejection was knowing. Many people signed that form at the agent’s desk without a second thought, so check your declarations page before assuming anything.

UM coverage also applies when the at-fault driver has some insurance, but not enough. Under § 627.727(3)(b), a vehicle is treated as uninsured when its liability limits are less than the total damages sustained.

Other Places to Look for Recovery

A thorough claim review often extends beyond a single policy. Potential sources include:

• UM coverage on your own policy, including stacked coverage for multiple vehicles if you purchased it
• UM coverage available through a resident relative’s policy in your household
• Coverage on the vehicle you occupied if you were a passenger or driving someone else’s car
• Workers’ compensation and employer policies if you were driving for work
• The owner of the at-fault vehicle, who may be liable under Florida’s dangerous instrumentality doctrine

Where Uninsured Motorist Claims Go Wrong

When you file a UM claim, your own insurer effectively steps into the at-fault driver’s shoes and can dispute fault, injury value, and treatment. Under § 627.727(7), a UM carrier is not liable for pain and suffering damages unless the injury meets the permanency threshold in Fla. Stat. § 627.737(2), which makes medical documentation of permanent injury critical.

Procedure matters too. If you plan to settle with an underinsured driver’s liability carrier, § 627.727(6) requires written notice of the proposed settlement to your UM carrier by certified or registered mail. The carrier then has 30 days to approve it or pay the offer amount to preserve its rights. Skipping this step can put your UM claim at risk.

Talk to The Pendas Law Firm Before You Accept an Answer

Did the adjuster tell you there is simply no coverage? That may not be the final word. Our Florida uninsured motorist lawyers at The Pendas Law Firm know how to trace every available policy and hold insurers to their obligations. Whether you are in Orlando, West Palm Beach, Ocala, Tampa, Bradenton, Fort Lauderdale, Miami, Jacksonville, Fort Myers, or Daytona Beach, we are ready to review your situation. Reach out to our team today.

Sources:

flsenate.gov/Laws/Statutes/2025/627.727

Fla. Stat. § 627.737 https://www.flsenate.gov/Laws/Statutes/2025/627.737