What to Do If You’re in an Accident with an Uninsured Driver in Florida
Being hit by a driver who carries no insurance is not unusual in Florida — it is predictable. Florida law does not require drivers to carry bodily injury liability coverage. That means the driver who rear-ended you, ran the red light, or sideswiped your vehicle may be entirely uninsured for the harm they caused you. If that accident injured you, you have options — but exercising them effectively requires understanding how Florida’s insurance framework actually works.
An uninsured driver does not have to mean an uncompensated injury. Your own insurance policy, the coverage choices you made when you bought it, and the legal remedies available against the at-fault driver all shape what recovery is possible. The right attorney helps you identify every available path and pursues each one with urgency. HLM Injury Lawyers, led by Eric A. Hernandez in Coral Springs, handles exactly these situations for clients throughout Broward County and South Florida.
Florida’s PIP Coverage Pays First — Regardless of Fault
Florida is a no-fault state for purposes of initial medical coverage. Every Florida driver is required to carry Personal Injury Protection (PIP) coverage with a minimum of $10,000. PIP covers 80% of your necessary medical expenses and 60% of lost wages up to that $10,000 limit — regardless of who caused the accident.
One critical rule: you must seek medical treatment within 14 days of the accident to preserve your PIP benefits. Miss that 14-day window and you forfeit PIP entirely — even if your injuries are real and directly caused by the crash.
PIP is the first source of coverage in any Florida accident, including one involving an uninsured driver. The problem is that $10,000 goes quickly. An emergency room visit, imaging, and a few follow-up appointments can exhaust it, leaving you with significant out-of-pocket exposure. That is where additional coverage becomes critical.
Uninsured/Underinsured Motorist Coverage Is Your Most Important Protection
If the driver who caused your accident carries no bodily injury liability coverage — or carries coverage that is insufficient to compensate you fully — your own uninsured/underinsured motorist (UM/UIM) coverage is typically your most effective source of recovery.
UM/UIM coverage is optional in Florida, but it is the most important optional coverage a driver can buy. When you carry it, your own insurer steps into the shoes of the at-fault driver and pays damages — including medical bills beyond PIP, lost wages, pain and suffering, and other non-economic losses — up to your UM/UIM policy limit.
- Why this matters: Even if you did everything right and the other driver was clearly at fault, their decision not to carry insurance should not leave you with an unpaid injury claim. UM/UIM coverage is the mechanism Florida designed to protect responsible drivers from irresponsible ones.
If you have UM/UIM coverage, your own insurer handles the claim — but do not assume it will treat you as generously as the phrase “your own insurance” implies. Insurers, including your own, are businesses that manage their exposure. Having an attorney represent you in a UM/UIM claim protects your ability to recover the full value that coverage provides.
Can You Sue an Uninsured Driver Personally?
Yes — Florida law permits you to bring a lawsuit directly against the at-fault driver even if they carry no insurance. If the court awards you a judgment, the driver owes you that amount personally.
The practical challenge is collection. A driver who could not afford — or chose not to carry — auto insurance often has few assets to satisfy a judgment. Florida’s head-of-household wage exemption and homestead exemption can further limit what is collectible from a judgment debtor.
Even so, do not dismiss personal liability outright. Some uninsured drivers have assets, income, or other resources that can satisfy a judgment in whole or in part. An attorney can help you assess whether suing the at-fault driver personally makes sense in your situation.
Hit-and-Run Accidents and Unidentified Drivers
If the at-fault driver fled the scene or was never identified, you may still have options. Your UM/UIM coverage typically extends to hit-and-run accidents involving unidentified drivers. Florida law sets specific requirements for hit-and-run UM claims, including notice obligations — another reason to consult an attorney promptly after any hit-and-run.
When the at-fault driver cannot be identified, three steps are critical: report the accident to law enforcement immediately, preserve any available evidence — photos, surveillance footage, witness contact information — and seek medical treatment within the 14-day PIP window.
How HLM Injury Lawyers Can Help
Eric A. Hernandez has more than 25 years of trial experience representing injury victims in exactly these circumstances. As a former Assistant U.S. Attorney for the Southern District of Florida and a former law clerk for Chief Justice Charles T. Wells of the Florida Supreme Court, Eric brings litigation-level preparation to every claim he handles — whether it resolves through negotiation or goes to trial. He is admitted to the U.S. Supreme Court Bar and serves clients in both English and Spanish.
HLM Injury Lawyers handles cases on a contingency fee basis: no upfront cost, no fee unless a recovery is made. The firm serves clients in Coral Springs, Parkland, Coconut Creek, Margate, Tamarac, Pompano Beach, and throughout Broward County.
Call (305) 842-2100 or visit hlminjurylawyers.com to schedule your free consultation.
Frequently Asked Questions
Q: What if the other driver has insurance but it is not enough to cover my injuries? A: This is where underinsured motorist (UIM) coverage applies. If the at-fault driver’s policy limit is lower than the value of your damages, your own UIM coverage can make up part or all of the difference, up to your policy limit.
Q: My own insurer is offering a low settlement on my UM claim. Do I have to accept it? A: No. You have the right to negotiate and, if necessary, pursue arbitration or litigation to recover the full value of your UM/UIM benefits. An attorney represents your interests in that process — even when the claim is against your own insurer.
Q: The accident was a hit-and-run. Can I still recover? A: Potentially yes — through your UM/UIM coverage, assuming you carry it. Contact an attorney as quickly as possible to preserve evidence and meet any notice requirements.
Q: Should I seek medical treatment even if I feel okay after a crash with an uninsured driver? A: Yes — and within 14 days. Many serious injuries, including soft tissue damage, herniated discs, and concussions, do not present with obvious pain immediately after a crash. Seeking prompt medical attention protects both your health and your right to PIP benefits.
Contact HLM Injury Lawyers — Free Consultation
An uninsured driver does not have to mean an uncompensated injury. If you were hurt in an accident and the other driver has no insurance, call HLM Injury Lawyers at (305) 842-2100 today. Eric Hernandez offers a free consultation — no cost, no obligation — so you understand exactly what your options are before you make any decisions. Do not sign anything with an insurer until you have spoken with an attorney.
HLM Injury Lawyers 3301 N. University Dr., Suite 100 Coral Springs, FL 33065 (305) 842-2100 hlminjurylawyers.com