What if the At-Fault Driver Had No Insurance?

Getting hit by an uninsured driver in Florida can be devastating. While you’re struggling to recover from the shock of the accident and your injuries, you find out the driver who hit you has no insurance coverage. Suddenly, you’re wondering how you’re supposed to pay for medical care, missed work, and everything else that changed after the crash.

Don’t give up hope yet. “No insurance” does not automatically mean “no options.” Below, we break down how personal injury protection (PIP) and uninsured motorist (UM) coverage may apply after an accident, what can complicate your uninsured driver claim, and what to do if you don’t have UM coverage.

The Starke car accident attorneys at Bernheim Kelley Injury Lawyers help injured motorists seek compensation even when hit by an uninsured driver. Call 904-758-1111 today to schedule a FREE case review where we’ll discuss what Real Justice may look like in your case.

What To Do if You’re Hit by an Uninsured Driver in Florida

If you’re injured, in pain, or still trying to process what just happened, that’s normal. Your first priority is your health. Once you’re safe and getting care, do what you can to document the basics. If you can’t do it yourself, ask someone you trust to help.

Ideally, you’ll want to take these 7 steps after you’ve been hit by an uninsured driver in Florida:

1. Call 911 and get help to the scene. Ask for the crash report number.
2. Get medical care as soon as you can. In Florida, PIP benefits can depend on getting medical care within 14 days.
3. Take photos if you’re able (vehicles, damage, intersection lights, road conditions, visible injuries). If you can’t, ask a friend or family member to do it.
4. Get witness names and numbers if anyone saw what happened.
5. Do not assume the other driver is truly uninsured just because they say so. Policies lapse, drivers are excluded, and coverage can be more complicated than it sounds.
6. Notify your own insurer, but don’t agree to make a recorded statement until you’ve consulted with an attorney. Be brief and precise when speaking about fault and the extent of your injuries.
7. Talk with a lawyer as soon as you can. A Bradford County car accident lawyer can deal with the insurance calls, review your coverage, and help you avoid mistakes that can hurt your uninsured driver claim.

What “Uninsured” Really Means

Most people think “uninsured” means the driver never bought a policy. Sometimes that’s true. But in real life, “uninsured” can also mean:

• Coverage lapsed because payments stopped
• The car is insured, but the person driving is specifically excluded from the policy
• The driver has only the bare minimum coverage for registration, which may not include bodily injury liability
• It’s a hit-and-run, so there’s no known policy to pursue yet

It’s also worth knowing the difference between:

• Uninsured: No liability coverage available for your injuries.
• Underinsured: There is coverage, but it’s not enough to cover what your injuries actually cost.

That’s why we start by verifying what coverage exists, and then build a strategy around what’s realistically available to you.

How Do UM/UIM & PIP Coverage Work?

Step 1: Start with Your Own Coverage

Florida’s insurance system is different than a lot of states. For many crashes, you’ll turn to your own coverage first.

Personal Injury Protection (PIP)

If you own a vehicle in Florida, you generally carry Personal Injury Protection (PIP) as part of the required auto insurance coverage. PIP can help pay for your medical expenses and a portion of your lost wages, regardless of fault.

Other Policies

PIP may not be your only coverage. Depending on what you purchased, you may also have:

• MedPay (medical payments coverage)
• Collision coverage for your own vehicle damage
• Health insurance that can help bridge gaps

Every policy is different, and coverage can get complicated if you were a passenger, motorcyclist, pedestrian, or bicyclist. That’s one reason it helps to have a Bradford County personal injury attorney review your coverage and discuss your options with you before you make big decisions.

Step 2: How Uninsured Motorist Coverage Can Help

According to an Insurance Research Council estimate reported by the Insurance Information Institute, Florida’s uninsured motorist rate was 20.6% in 2023. That is a lot of drivers on the road without proper coverage.

Though Uninsured Motorist (UM) coverage is optional in Florida, having it can mean the difference between scraping by and actually getting your life back on track. UM coverage is designed to kick in when the at-fault driver has no bodily injury liability coverage or doesn’t have enough to cover your damages. It can be a huge help.

Depending on your policy, Florida UM coverage can help cover losses that PIP does not fully address, including broader medical costs, lost wages beyond PIP limits, and, in qualifying cases, pain and suffering (generally, these damages require that your injuries meet Florida’s serious injury threshold).

A few common scenarios where your UM coverage may apply:

• You were driving your own car
• You were a passenger in someone else’s vehicle (in this case, the driver’s coverage could also apply)
• You were walking or riding a bike
• The driver fled the scene (hit-and-run), depending on your policy terms and proof requirements

Why Uninsured Motorist Claims Can Be Difficult

This is where a lot of people get blindsided.

An uninsured motorist claim can feel upside down because you’re seeking benefits you paid for from your own insurance company, and yet you may still face pushback. Since your payout affects their bottom line, they may attempt to minimize your claim. They could question fault and shift blame, downplay the severity of your injuries, or push a quick, lowball offer that sounds tempting when your bills are beginning to pile up.

Often, a UM claim has to be proven much like a claim against the other driver would. Your insurer can ask for documentation, scrutinize treatment, and look for reasons to pay less.

To make sure you aren’t being rushed or shortchanged, consult with an experienced car accident lawyer in Starke. Find out what your options are before you lock yourself into a settlement. In most cases, once you sign, you won’t be able to seek additional compensation.

What if I Don’t Have Florida UM Coverage?

If you don’t have UM coverage, you may still have options. Depending on your situation, those may include:

• PIP benefits through your own policy
• MedPay, if you purchased it
• Health insurance
• Another responsible party, if the facts support it (for example, a vehicle owner, an employer, or another negligent driver)
• A lawsuit against the at-fault driver, though collecting can be difficult if they have no assets

Also, it’s worth double-checking your declarations page. Some people think they don’t have UM when they actually do.

Whatever you do, don’t wait too long to get answers. Your insurance company may have deadlines for giving notice, and Florida generally gives injured motorists only 2 years to file a negligence lawsuit. It is important to stay aware of all these deadlines and requirements so you aren’t left with no options for recovery.

The Starke Car Accident Lawyers at Bernheim Kelley Seek Real Justice

Real Justice means getting the advocacy you need to heal and move forward with hope. When you’re hit by an uninsured driver in Florida, it’s hard enough to wonder whether you’ll secure adequate compensation. Having to go back and forth with your own insurance company on top of that can feel unreal.

Bernheim Kelley Injury Lawyers Keeps It Real because you deserve the facts so you can make the right decision for yourself and your family. Contact our Starke car accident lawyers today to schedule a FREE, no-obligation consultation. We’ll look at your coverage, be real about your options, and handle the insurance company if they’re giving you a hard time.

With more than $1 billion recovered for clients and decades of experience in and out of the courtroom, we know what we’re doing and will press for Real Results. We are proud to represent clients in Bradford County and throughout Florida.