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Understanding UM/UIM Coverage in Florida

Uninsured-motorist coverage can save your claim. Learn how it works, and let us make sure you collect every dollar.
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Why UM/UIM Coverage Is Especially Important in Florida

Florida does not require drivers to carry bodily injury (BI) liability insurance. A driver can legally operate a vehicle in Florida with nothing more than Personal Injury Protection (PIP) and property damage liability coverage — a minimum of $10,000 each.

That means the driver who runs a red light and hits you may have no coverage whatsoever for your injuries. It also means that even drivers who carry BI coverage may carry only the state minimum — which can fall far short of what a serious injury actually costs.

The result: Florida has a high share of uninsured drivers. Add underinsured drivers to that picture, and the risk of a crash where the at-fault driver cannot fully compensate you is substantial.

What UM Coverage Is

Uninsured motorist (UM) coverage is first-party coverage — meaning you buy it as part of your own auto insurance policy and make a claim with your own insurer. It pays for damages when:

The at-fault driver has no bodily injury liability insurance.

The at-fault driver cannot be identified — such as in a hit-and-run accident.

UM coverage compensates you for the same categories of damages you could have pursued against a fully insured at-fault driver: medical expenses, lost wages, pain and suffering, and other injury-related losses.

What UIM Coverage Is

Underinsured motorist (UIM) coverage applies when the at-fault driver has some bodily injury liability insurance — but not enough to fully cover your damages. If the other driver’s policy limits are exhausted and you still have uncompensated losses, your UIM coverage can make up the difference, up to your own policy’s UIM limits.

For example: the at-fault driver has a $10,000 BI policy limit. Your medical bills and other damages total $85,000. After the at-fault driver’s insurer pays its $10,000 limit, your UIM coverage can be triggered for the remaining amount — subject to your coverage limits.

Stacking vs. Non-Stacking UM/UIM Coverage

Florida allows policyholders to choose between stacked and non-stacked UM/UIM coverage on policies covering multiple vehicles.

  • Stacked coverage: allows you to combine, or stack, the UM/UIM limits across multiple vehicles on your policy. If you have two vehicles each with $50,000 in UM coverage, stacked coverage gives you access to up to $100,000 in total UM benefits per claim.
  • Non-stacked coverage: limits you to the UM/UIM coverage for the specific vehicle you were in at the time of the accident, even if you own multiple insured vehicles.

Stacked coverage typically costs more in premium — but for drivers with multiple vehicles or significant financial exposure, it provides meaningfully broader protection. Your attorney can review your policy and help you understand which type of coverage you carry.

How to Make a UM/UIM Claim in Florida

Making a UM/UIM claim is not the same as making a claim against an at-fault driver’s insurer. You are dealing with your own insurance company — the one you pay premiums to. That relationship can feel different. It is not.

Your own insurer will investigate your claim, evaluate your damages, and — in many cases — work to minimize its payout just as aggressively as a third-party insurer would. This is a business transaction for them, not a favor.

To pursue a UM/UIM claim, you generally need to:

  • Notify your insurer promptly: after the accident and request UM/UIM coverage.
  • Document your damages thoroughly: medical records, treatment history, lost wage evidence, and documentation of pain and suffering.
  • Exhaust the at-fault driver’s coverage first: (for UIM claims) — most policies require you to recover the full limits of any third-party coverage before UIM applies.
  • Work with an attorney: to handle communications and negotiate a fair outcome.

UM Coverage and Hit-and-Run Accidents

If a driver hits you and flees the scene without stopping — and cannot be identified — you are effectively dealing with an “uninsured” driver. Your UM coverage is designed to cover this scenario.

However, there are requirements. Florida law generally requires that there be physical contact between the hit-and-run vehicle and either your vehicle or your body. A purely “phantom driver” scenario — where no contact occurred — may face coverage challenges depending on your specific policy language.

Documenting the scene, speaking with witnesses, and filing a police report immediately after a hit-and-run are critical steps for preserving your UM claim.

Contact HLM Injury Lawyers — Free Consultation

Eric A. Hernandez — a former Assistant U.S. Attorney for the Southern District of Florida and former clerk to Florida Supreme Court Chief Justice Charles T. Wells — has more than 25 years of trial experience representing injured people throughout South Florida.

UM/UIM disputes can become contentious. Insurance companies do not simply write checks because you are entitled to coverage. An attorney who knows how to build and present a UM/UIM claim — and who is prepared to litigate if necessary — puts you in a stronger position.

HLM Injury Lawyers serves clients throughout Coral Springs, Parkland, Coconut Creek, Margate, Tamarac, Pompano Beach, Broward County, and South Florida. Eric is bilingual in English and Spanish.

Call (305) 842-2100 to discuss your UM/UIM coverage situation with no obligation.

HLM Injury Lawyers
3301 N. University Dr., Suite 100, Coral Springs, FL 33065
(305) 842-2100