What Happens If the Driver Who Hit You Has No Insurance?
Getting into a car accident is stressful enough. Finding out that the driver who hit you does not have insurance can make the situation feel even worse. You may be left wondering who will pay for your medical bills, car repairs, and time missed from work. Fortunately, an uninsured driver does not always mean you are out of options.
Florida follows a no-fault insurance system. This means that injured drivers generally begin by using an applicable Personal Injury Protection policy, commonly called PIP, regardless of who caused the accident. Florida drivers are generally required to carry at least $10,000 in PIP coverage, which may pay a portion of qualifying medical expenses and lost income.
However, PIP does not pay for damage to your vehicle, and it may not cover every expense resulting from a serious injury. Florida law also generally requires injured people to receive initial medical treatment within 14 days of an accident to qualify for PIP medical benefits. This is one reason why it is important to seek care promptly, even if you initially feel fine.
Another possible source of compensation is uninsured motorist coverage, also known as UM coverage. This type of insurance is designed to protect you when the at-fault driver does not have bodily-injury liability insurance. Depending on the policy and circumstances, it may help compensate you for medical expenses, lost wages, future treatment, pain and suffering, and other accident-related losses. UM coverage may also apply in certain hit-and-run cases.
Not every Florida driver has uninsured motorist coverage. Insurance companies generally must offer it when a policy includes bodily-injury liability coverage, but a policyholder can reject it in writing. It is important to review your policy instead of assuming that you are covered.
You may also be dealing with an underinsured driver. This means the driver has insurance, but the policy limit is too low to cover all the harm caused by the accident. In that situation, uninsured or underinsured motorist coverage may help with some of the remaining losses.
It may be possible to sue an uninsured driver directly. However, even if the driver is found legally responsible, that person may not have enough income or assets to pay for the damages. An attorney can investigate whether another person, business, vehicle owner, or insurance policy may also be responsible.
If you are hit by an uninsured driver, call the police and request an official crash report. Take pictures of the vehicles, license plates, road conditions, and any visible injuries. Collect contact information from witnesses, seek medical care, notify your insurance company, and save all records connected to the accident.
Most importantly, do not assume you have no options. PIP benefits, uninsured motorist coverage, health insurance, and claims involving other responsible parties may all help. Because every accident is different, speaking with a Florida personal injury attorney can help you understand your coverage and decide what to do next.
Drafted – Jennifer Netska, Esq. and Luca LaMonaca, Legal Intern, University of Miami
