What If You Got in an Accident With an Uninsured Driver?

Handling an accident with an uninsured driver can feel frustrating and confusing, especially when you’re not sure how to cover the costs of repairs or medical care. Each case is different, and how you move forward depends on your specific situation.

In Florida, the insurance system can make dealing with an accident tricky, especially if the other driver doesn’t have coverage. Speaking with a Florida car accident lawyer can help you understand your options and protect your rights.

Our team understands the challenges you’re facing. We are here to offer guidance, answer your questions, and help you take the steps needed to pursue the best outcome for your case.

Florida Insurance Requirements

A Florida personal injury lawyer can assist if you’ve been hurt in a car accident, especially when the other driver is uninsured.

Florida law requires all drivers to carry insurance. Those without coverage may be liable for damages and injuries they cause and could face criminal penalties or lose their licenses.

Minimum Auto Insurance in Florida

Drivers in Florida must carry at least:

• $10,000 per person for personal injury protection (PIP)
• $10,000 for property damage coverage
• $20,000 in liability per crash

If you’ve been involved in an accident with an uninsured driver, our team is ready to support you. We’re committed to helping you explore your options and pursue meaningful case results.

Understanding Fault in Florida

In Florida, each driver’s insurance covers their costs, but if you can prove the other driver was more at fault, you may be able to file a claim against their insurance. Gathering evidence at the scene is key to building a strong case.

Examples of Fault

You might be found at fault if you:

• T-bone another vehicle
• Rear-end a car
• Drive under the influence
• Get distracted by texting
• Fail to use headlights at night
• Exceed the speed limit

Every accident is unique, and the details matter. Speaking with a Florida car accident attorney as soon as possible can help you better understand your options and how fault could impact your case.

What Happens If You Hit Someone Without Insurance?

Being in an accident without insurance can lead to serious consequences. If you are found at fault, the other driver may pursue legal action to recover costs, such as:

• Medical bills
• Car repairs
• Lost wages
• Loss of future earning potential
• Pain and suffering or wrongful death, depending on the circumstances

License Suspension and Penalties

Without insurance, the Florida Department of Highway Safety and Motor Vehicles may suspend your driver’s license and car registration for up to three years. You’ll also face civil penalties, including:

• $150 reinstatement fee for the first violation
• $500 reinstatement fee for any further violations

Infractions for accidents without insurance can stay on your driving record for three to ten years, impacting your future driving privileges.

Someone Hit Me With No Insurance—What Are My Options?

If the other driver was at fault but had no insurance, here are a few ways to handle the situation:

Personal Injury Protection (PIP)

Florida requires every driver to carry PIP, which covers up to $10,000. It can pay for 80% of your medical bills and 60% of lost wages, regardless of fault, as long as the claim is filed within 14 days. Your insurance rate won’t increase unless your insurer determines you were primarily at fault.

Uninsured/Underinsured Motorist Coverage

If you’ve chosen this optional coverage, it helps pay for injuries to you, your passengers, or family members. It can also cover future medical expenses and lost income. However, it doesn’t cover any damage to your vehicle.

Filing a Lawsuit Against the Driver

If your damages exceed what PIP covers or you want to recover additional costs, you can sue the at-fault driver. Collecting on a judgment may be challenging if the driver lacks financial resources, but tools like wage garnishment or liens could help.

Suing an Uninsured or Underinsured Motorist in Florida

Filing a lawsuit may be an option if you’ve suffered serious injuries in an accident with an uninsured or underinsured driver. When medical bills are high, pursuing legal action through civil court can help you seek damages for your losses.

It’s important to consider the at–fault driver‘s financial situation. If they are facing hardship, negotiating a manageable payment plan might be necessary. This approach helps prevent further strain while still holding them accountable for what they owe.

If the driver doesn’t follow the agreed payment plan, there are several ways to collect:

• Place a lien on their non-homestead property
• Garnish wages or bank accounts
• Use a levy to seize personal property
• Request the state to suspend their driver’s license until payments are made

Taking legal action can feel overwhelming, but you don’t have to go through it alone. Our car accident attorneys in Florida are here to guide you through the process and explore the best path forward for your situation.

Hit and Run with an Uninsured Driver in Florida

Florida faces a serious issue with uninsured drivers—around one in eight drivers on the road lack insurance, according to a recent study. This puts Florida among the top states with the highest number of uninsured drivers, increasing the risks for everyone on the road.

The Florida Department of Highway Safety and Motor Vehicles reported over 515,000 hit-and-run crashes in the past five years, resulting in 1,251 fatalities. On average, the state sees more than 103,000 hit-and-run incidents and 250 deaths each year. In 2022 alone, there were 104,895 hit-and-runs, leading to 266 fatalities.

With nearly 25% of accidents in Florida involving hit–and–runs, combined with the high number of uninsured drivers, these situations can feel overwhelming. If you or someone you care about has experienced a hit-and-run with an uninsured driver, our Florida car accident lawyers are here to help you explore your options.

Will My Insurance Company Go After the Uninsured Driver in Florida?

While driving without insurance is illegal in Florida, your insurer typically won’t pursue an uninsured driver unless your policy includes uninsured motorist coverage. This optional coverage protects you when the at-fault driver has no insurance or not enough to cover your losses.

If you have uninsured motorist coverage, your insurer may seek reimbursement from the other driver. Without it, they are unlikely to take legal action.

Florida’s no-fault system means each driver’s insurance covers their own damages. However, exceptions apply if injuries are severe or damages exceed your policy limits.

What If the Other Driver Is Uninsured but Driving an Insured Car?

If a driver hits you without insurance but is driving an insured vehicle, the car’s insurance policy will typically cover your injuries and other losses. However, this coverage may not apply if the driver didn’t have permission to use the car or was excluded from the policy.

In most cases, the vehicle’s insurance treats the driver as insured, even if they don’t personally have coverage. This allows you to claim under the car owner’s policy.

Situations involving permissive use can impact coverage, so it’s important to understand the policy details. We are here to help you understand your options and guide you through the process.

Recoverable Damages in an Uninsured/Underinsured Motorist Claim

If someone hits you with no insurance, you may still be able to recover damages by filing an uninsured or underinsured motorist claim. 

These claims allow you to seek compensation for a variety of losses, including:

• Medical expenses: Covers the cost of hospital visits, surgeries, therapy, medications, and other necessary treatments related to your injuries.
• Lost wages: Compensates you for the income you lost due to missed work while recovering from the accident.
• Pain and suffering: Addresses the physical discomfort and long-term pain you may experience as a result of your injuries.
• Emotional distress: Provides compensation for the mental strain, anxiety, or trauma caused by the accident.
• Loss of enjoyment of life: Covers the impact the injuries have had on your ability to participate in hobbies, activities, or daily routines you once enjoyed.
• Punitive damages (in some cases): May be awarded if the at-fault driver acted recklessly or with intentional misconduct, serving as a way to penalize their behavior.

These types of damages are intended to help you rebuild your life after an accident. Our team is here to guide you through your claim and work toward the outcome you deserve.

How to Protect Yourself from Uninsured or Underinsured Drivers

Taking steps to protect yourself from uninsured and underinsured drivers can make a difference if you’re ever in an accident. 

Here are a few ways to stay prepared:

• Add UM/UIM coverage to your policy: Uninsured/underinsured motorist (UM/UIM) coverage helps cover your losses if a driver hits you without adequate insurance.
• Carry proof of insurance: Always keep proof of insurance in your vehicle. In the event of an accident, the other driver may try to avoid responsibility by claiming they have coverage when they don’t.
• Never drive without insurance: If you are in an accident without insurance, you’ll be responsible for all damages, which can lead to significant financial strain.
• Speak with a personal injury lawyer: If an uninsured driver hits you, talking to a lawyer can help you explore your options and answer any questions about your case. We are here to guide you through the process and protect your rights.

What Happens If You don’t Have Uninsured/Underinsured Motorist Coverage in Florida?

If an uninsured or underinsured driver hits you and you don’t have UM/UIM coverage, you may still have the option to file a lawsuit. However, even if you win, collecting from the at-fault driver could be challenging if they lack the financial means to pay your damages.

Without UM/UIM coverage, being hit by an underinsured driver can leave you with overwhelming medical bills and other unexpected expenses. These costs can quickly add up, especially if your injuries require ongoing care or impact your ability to work.

We understand how stressful these situations can be. Our team is here to help you explore your legal options and work toward finding the best way forward for your situation.

Mistakes to Avoid After a Car Accident

Staying calm and making the right decisions after a car accident can protect your rights and help your case. However, certain actions can make the situation more difficult and impact your ability to recover damages, especially with an uninsured driver. 

Avoiding these common mistakes can put you in a better position as you move forward.

• Leaving the scene: Never leave the accident scene. In Florida, this could result in hit-and-run charges. Stay, exchange information, and assist anyone injured.
• Not calling the police: Always call the police, even for minor accidents. Their report can be valuable evidence for your case.
• Ignoring injuries: Get checked by a medical professional, even if you feel fine. Some injuries take time to appear and need early treatment.
• Admitting fault: Avoid saying anything that could imply fault, even if you think you caused the accident. Admissions can complicate your case.
• Failing to report the accident to your insurance: Notify your insurance company immediately, even if you weren’t at fault, to avoid claim denials or coverage issues.
• Not collecting evidence: If possible, gather evidence at the scene, including witness information, photos of the accident, and a police report.
• Talking to insurance without a lawyer: Avoid speaking with the other driver’s insurance company before consulting a lawyer, as they may try to undermine your case.
• Handling the case alone: Car accident cases can be complicated. An attorney can help you avoid mistakes and pursue the outcome you deserve.
• Waiting too long to file a claim: In Florida, you have two years to file a personal injury lawsuit, but personal injury protection (PIP) claims must be filed within 14 days.
• Posting on social media: Avoid posting about your accident or injuries online. Insurance companies can use social media posts to minimize or deny your claim.

Do You Need a Lawyer After an Accident with an Uninsured Driver?

What if you got in an accident with an uninsured driver? These situations can leave you feeling overwhelmed, but you don’t have to go through it alone. A Florida car accident lawyer can help you explore your options and determine the most successful course of action for your case.

At The Schiller Kessler Group, we’ve successfully helped secure compensation for over 30,000 Florida injury victims. Whether you’re dealing with unpaid medical bills, lost wages, or other damages, we’re here to offer the support you need.

If an uninsured driver has turned your life upside down, reach out today. We’re ready to discuss your case, answer your questions, and work with you every step of the way.