You can drive carefully, follow traffic laws, and maintain appropriate insurance, yet still be seriously injured by a driver who has little or no liability coverage. Uninsured motorist coverage is designed to address this risk in qualifying situations.
In Florida, uninsured and underinsured motorist protection is commonly referred to as UM coverage. It can become important when an at-fault driver does not have bodily injury liability insurance, does not have enough insurance to cover the damages, or cannot be identified after certain hit-and-run accidents.
UM coverage is not identical on every policy. Coverage limits, insured persons, stacking options, exclusions, notice requirements, and other policy terms can affect a claim. Florida law also allows an insured to reject UM coverage or select limits lower than the bodily injury liability limits when the required procedures are followed.
This guide explains the purpose of UM coverage, when it may apply, how it interacts with other Florida auto insurance, and what injured motorists should review after an accident.
Quick Answer: What Is Uninsured Motorist Coverage?
Uninsured motorist coverage can provide compensation to an insured person who is legally entitled to recover damages from an uninsured or underinsured motorist, subject to Florida law and the insurance policy. It may become especially important when the at-fault driver has no bodily injury liability coverage, insufficient limits, or cannot be identified in a qualifying hit-and-run accident.
Uninsured vs. Underinsured Motorist Coverage
|
Coverage Situation |
What It Generally Means |
Example |
|
Uninsured motorist |
The at-fault motorist has no applicable bodily injury liability insurance |
An uninsured driver causes a serious crash |
|
Underinsured motorist |
The at-fault driver has liability coverage, but the available limits are insufficient for the legally recoverable damages |
A driver has limited coverage but causes catastrophic injuries |
|
Hit-and-run |
The responsible driver cannot be identified in a qualifying situation |
A vehicle strikes another motorist and leaves the scene |
Why UM Coverage Can Be Important in Florida
Florida’s standard vehicle registration insurance requirements generally focus on Personal Injury Protection and property damage liability. Bodily injury liability insurance is not universally required for every private motorist in every circumstance.
That means a person can be seriously injured by a driver who has no bodily injury liability insurance available to compensate the injured person. UM coverage can help protect against that financial risk when applicable.
Is Uninsured Motorist Coverage Required in Florida?
Florida insurers generally must offer uninsured motorist coverage when issuing motor vehicle liability insurance that includes bodily injury liability coverage. However, an insured may reject UM coverage or choose lower limits in accordance with Florida law.
As a result, not every Florida auto policy contains UM coverage. The declarations page and any UM selection or rejection documents should be reviewed to determine what coverage was actually purchased.
What Can UM Coverage Potentially Compensate?
When coverage applies and the insured is legally entitled to recover from the uninsured or underinsured motorist, UM benefits may address damages that would otherwise have been sought from the at-fault driver.
- Past medical expenses that are legally recoverable
- Reasonably supported future medical expenses
- Lost wages or income
- Loss of future earning capacity
- Pain and suffering when legally recoverable
- Disability or physical impairment
- Disfigurement or scarring
- Loss of enjoyment of life
- Other damages allowed by Florida law and covered by the policy
UM Coverage Is Different From PIP
Personal Injury Protection and uninsured motorist coverage serve different purposes. Florida PIP generally provides certain benefits after qualifying motor vehicle accidents regardless of fault, subject to statutory limits and requirements.
UM coverage is tied to damages caused by an uninsured or underinsured motorist and generally requires that the insured be legally entitled to recover from that motorist. A serious accident may involve both PIP and UM issues.
UM Coverage Is Also Different From Collision Coverage
Collision coverage generally addresses physical damage to the insured vehicle, subject to the policy and deductible. UM coverage primarily concerns bodily injury damages under the applicable policy and law.
A hit-and-run accident can therefore involve separate claims for vehicle damage and bodily injury.
When Might a UM Claim Arise?
- An at-fault driver has no bodily injury liability insurance.
- The responsible driver has liability insurance, but the limits are too low for the damages.
- A qualifying hit-and-run driver cannot be identified.
- An applicable liability insurer denies coverage for the at-fault driver.
- Other circumstances cause the responsible vehicle to qualify as uninsured under Florida law and the policy.
Example: An Underinsured Driver Causes Serious Injuries
Suppose a driver causes a collision that results in surgery, significant lost income, and long-term medical treatment. The at-fault driver has bodily injury liability insurance, but the policy limit is far below the injured person’s legally recoverable damages.
If the injured person has applicable UM coverage, that coverage may become a potential additional source of recovery after the liability coverage is evaluated. The actual claim depends on policy terms, damages, liability, coverage limits, and Florida law.
Hit-and-Run Accidents and UM Coverage
UM coverage can be particularly important after a hit-and-run because the fleeing driver may never be identified or insured. Promptly reporting the crash to police and the insurance carrier can be important.
Evidence such as witness statements, dash-camera footage, surveillance video, vehicle damage, paint transfer, debris, and a partial license plate can help establish that another vehicle caused the crash.
Who Can Be Covered Under a UM Policy?
The answer depends on the policy and the person’s relationship to the named insured. Coverage can potentially extend beyond the person whose name appears first on the declarations page.
Household residents, family members, passengers, or people occupying a covered vehicle may have rights under certain policies. Because policy definitions matter, coverage should not be assumed or rejected without reviewing the contract.
What Is Stacked UM Coverage?
Stacking can allow applicable UM limits associated with multiple covered vehicles to be combined in certain circumstances. Florida policyholders may encounter stacked and non-stacked UM options.
Stacked coverage can offer broader protection in some situations, while non-stacked coverage is subject to additional limitations. The exact effect depends on the policy, vehicles, premiums, and circumstances of the accident.
What Is Non-Stacked UM Coverage?
Non-stacked UM coverage is generally more limited and may be tied more closely to a particular covered vehicle or policy situation. It may cost less than stacked coverage, but the available protection can differ significantly.
Policyholders should review the declarations page and endorsements rather than relying only on the phrase “full coverage.” That phrase has no standardized meaning and does not confirm that UM protection exists.
How Much UM Coverage Do You Have?
The declarations page usually identifies whether UM coverage is included and lists applicable limits. However, the declarations page may not answer every coverage question.
For a complete review, relevant documents can include:
- Auto policy declarations page
- Bodily injury liability limits
- UM or UIM limits
- Stacked or non-stacked designation
- UM selection or rejection form
- Policy endorsements
- List of covered vehicles
- Named insureds and drivers
- Policy definitions and exclusions
Can You Have UM Limits Lower Than Your Liability Limits?
Florida law allows an insured to select UM limits lower than bodily injury liability limits when the statutory requirements are satisfied. An insured can also reject UM coverage.
This is why the amount of bodily injury liability coverage on a policy does not automatically tell you the amount of UM protection.
Can You Make a Claim Against Your Own Insurance Company?
Yes. A UM claim is generally made under an insurance policy that protects the injured insured. This can feel unusual because the claimant may have been paying premiums to the same insurer for years.
The insurer still has the right to investigate coverage, fault, causation, injuries, comparative negligence, and damages. A UM claim can therefore become disputed even though it is made under the injured person’s own policy.
What Does “Legally Entitled to Recover” Mean?
UM coverage generally requires the insured to establish that the uninsured or underinsured motorist was legally responsible for damages. In practical terms, the claim still involves many of the same issues as a negligence case against an at-fault driver.
Evidence may be needed to establish duty, breach, causation, damages, and the degree of fault assigned to each person.
Comparative Negligence Can Affect a UM Claim
Florida applies modified comparative negligence principles to many negligence actions. If the injured person is partly responsible for causing the crash, recoverable damages may be reduced according to the percentage of fault.
Under current Florida law, a claimant found more than 50 percent at fault generally cannot recover in many negligence actions, subject to statutory exceptions. Liability evidence therefore remains important in a UM case.
How Does UM Coverage Work With PIP?
PIP may provide certain initial benefits for qualifying medical expenses and lost income regardless of fault. UM coverage can potentially address additional legally recoverable damages caused by an uninsured or underinsured driver.
The interaction between benefits can involve offsets, policy provisions, statutory rules, and the specific damages being claimed. A case-specific insurance review is important.
How Does UM Coverage Work With Health Insurance?
Health insurance may pay covered accident-related medical treatment while a UM claim is pending. Depending on the health plan and applicable law, the insurer or benefit plan may later assert reimbursement or subrogation rights against a recovery.
Potential liens and reimbursement claims should be identified when evaluating the net value of a settlement.
What If You Have More Than One Auto Policy?
Multiple policies can create additional coverage questions. Depending on policy language, household relationships, stacking, vehicle ownership, and other factors, more than one policy may need to be reviewed.
Do not assume that only the policy covering the vehicle involved in the crash is relevant without analyzing the complete insurance situation.
What If You Were a Passenger?
A passenger injured by an uninsured driver may have potential coverage through more than one source, depending on the policies and facts. Coverage involving the occupied vehicle, household policies, or the passenger’s own insurance may need to be evaluated.
The order and availability of coverage are policy-specific.
What If You Were a Pedestrian or Bicyclist?
UM protection can potentially extend to qualifying insured persons injured while walking or riding a bicycle, depending on the policy and circumstances.
This is another reason UM coverage should be evaluated based on who qualifies as an insured, not simply whether the person was driving the listed vehicle.
Evidence Needed for a UM Claim
- Police crash report
- Photographs and video from the accident
- Witness statements
- Vehicle damage evidence
- Medical records and bills
- Diagnostic imaging
- Proof of lost wages or income
- Medical evidence regarding future treatment
- Evidence identifying the at-fault driver and insurance status
- At-fault driver liability policy information
- Your own insurance policy and declarations
- UM selection or rejection documents
- Evidence supporting pain, disability, or other claimed damages
Why You Should Report the Accident Promptly
Insurance policies contain duties after an accident, including notice and cooperation provisions. A delayed report can create disputes about investigation and policy compliance.
Prompt reporting is particularly important after a hit-and-run because evidence may disappear quickly and the insurer may need an opportunity to investigate.
Do Not Sign a Liability Settlement Without Reviewing UM Issues
When the at-fault driver has limited liability coverage, an injured person should understand how accepting that coverage may affect a potential UM claim. Florida law and the insurance policy can impose procedures involving settlement with an underinsured motorist.
Before signing a release, an injured person should consider obtaining legal advice and reviewing all potentially applicable insurance.
Common Misunderstandings About UM Coverage
“I Have Full Coverage, So I Must Have UM.”
“Full coverage” is not a standardized insurance term. A policy can contain collision and comprehensive coverage while UM has been rejected.
“The Other Driver Has Insurance, So UM Cannot Apply.”
Underinsured motorist protection may become relevant when the liability limits are insufficient for the damages.
“My Own Insurer Will Automatically Pay My Claim.”
The insurer may investigate and dispute liability, causation, damages, or coverage.
“UM Only Covers Me While Driving My Own Car.”
Coverage can depend on who qualifies as an insured and the policy terms. Some claims can arise outside the listed vehicle.
“PIP and UM Are the Same.”
PIP and UM provide different types of protection and operate under different legal requirements.
“I Can Decide Whether I Need UM After an Accident.”
Coverage generally must be in place before the loss. Insurance cannot ordinarily be purchased retroactively for an accident that already occurred.
Steps to Take After an Accident With an Uninsured or Underinsured Driver
- Call law enforcement and obtain a crash report.
- Seek appropriate medical care.
- Exchange insurance information when possible.
- Photograph the vehicles, scene, injuries, and roadway conditions.
- Collect witness contact information.
- Report the accident to your insurer promptly.
- Request and review your policy declarations.
- Confirm whether UM coverage is stacked or non-stacked.
- Preserve all medical bills, records, and wage-loss documents.
- Do not assume the at-fault driver’s stated insurance information is complete.
- Do not sign a final release before reviewing all potential coverage.
- Consider speaking with a Florida personal injury attorney if injuries are significant or coverage is disputed.
How an Attorney Can Help With a UM Claim
- Investigate fault and preserve accident evidence.
- Confirm the at-fault driver’s insurance status.
- Review UM policy language and coverage elections.
- Identify potentially applicable household or additional policies.
- Analyze stacked and non-stacked coverage.
- Collect medical records and document damages.
- Evaluate comparative negligence issues.
- Communicate with liability and UM insurers.
- Address settlement procedures involving an underinsured driver.
- Identify liens and reimbursement claims.
- Negotiate the UM claim or pursue litigation when appropriate.
- Track applicable contractual and statutory deadlines.
Frequently Asked Questions
Is uninsured motorist coverage mandatory in Florida?
It generally must be offered with qualifying motor vehicle liability policies, but an insured can reject it or select lower limits in accordance with Florida law.
What is the difference between UM and UIM?
UM applies when the responsible motorist lacks applicable insurance, while underinsured motorist protection addresses situations in which available liability limits are insufficient. Florida commonly addresses both through UM coverage.
Does UM cover a hit-and-run?
It can in qualifying circumstances, subject to the policy, evidence, and Florida law.
Does UM pay for vehicle damage?
UM bodily injury coverage primarily concerns injury damages. Vehicle damage may involve collision or other applicable property coverage.
Can UM cover pain and suffering?
Potentially, when non-economic damages are legally recoverable and the coverage applies. Florida auto cases can involve additional statutory requirements.
Can I use UM if the other driver has some insurance?
Potentially. Underinsured motorist coverage may apply when the at-fault driver’s liability coverage is insufficient for the legally recoverable damages.
What does stacked UM mean?
Stacking can allow applicable UM limits associated with multiple vehicles to be combined in certain circumstances.
How do I know if I rejected UM coverage?
Review the policy, declarations page, and UM selection or rejection documents.
Can my own insurance company dispute my UM claim?
Yes. The insurer can investigate and contest coverage, liability, causation, damages, and other claim issues.
Should I review UM coverage before buying or renewing a policy?
Yes. Understanding limits, stacking, covered persons, and the consequences of rejecting or reducing UM protection can help you make an informed insurance decision.
Conclusion: UM Coverage Can Protect Against a Major Insurance Gap
Uninsured motorist coverage can be one of the most important protections on a Florida auto policy because the driver who causes a serious crash may have little or no bodily injury liability insurance.
UM coverage can potentially help when an at-fault driver is uninsured, underinsured, or cannot be identified after a qualifying hit-and-run. However, the available protection depends on the policy, coverage limits, stacking election, insured status, liability evidence, damages, and Florida law.
Reviewing your insurance before an accident can help you understand the protection you purchased. After a serious crash, reviewing all potentially applicable policies can help identify sources of compensation that may not be obvious at first.
Talk to KGD Florida Law About an Uninsured Motorist Claim
If you were injured by an uninsured or underinsured driver in Florida, KGD Florida Law can review the accident, liability evidence, available insurance, UM coverage, medical damages, and other potential sources of recovery.
Contact KGD Florida Law to discuss your accident and the insurance issues that may affect your personal injury claim.
