Accident types
Uninsured and Underinsured Driver Accidents in Florida
Florida’s minimum insurance requirements are low, and bodily injury liability coverage is not required of most drivers. That means the driver who hit you may have little or no coverage for your injuries. Your own policy may fill part of that gap.
By Swift Accident Help Editorial Team · Last reviewed · General information, not legal advice
Key takeaways
- Florida requires car owners to carry only $10,000 in PIP and $10,000 in property damage liability.
- Uninsured motorist (UM) coverage is optional, but it is included at your bodily injury limits unless you rejected it, or chose lower limits, in writing.
- UM pays what the at-fault driver would have been responsible for, up to your UM limits.
- Check your declarations page to see exactly what you have.
What Florida drivers must carry
To register a vehicle with four or more wheels, Florida requires at least $10,000 of personal injury protection (PIP) and $10,000 of property damage liability (PDL). Bodily injury liability — the coverage that pays for injuries you cause to others — is generally not required unless a driver has been involved in certain crashes or convictions.
How uninsured motorist coverage works
Uninsured motorist coverage protects you when the at-fault driver has no insurance, or not enough. Under Florida law, insurers must offer it, and it is included at the same limits as your bodily injury liability coverage unless the named insured rejected it or selected lower limits on a signed form.
According to the Florida Department of Financial Services, UM pays the amount the at-fault driver would have been legally responsible for, up to your UM limits. Policies are “stacked” — combining coverage across vehicles — unless you chose non-stacking coverage in writing.
What to do
Report the crash
A police report records the other driver’s details and any insurance information.
Tell your own insurer promptly
Your PIP applies to your injuries whoever was at fault, and any UM claim goes through your insurer.
Find your declarations page
It lists your PIP, bodily injury and UM coverage and limits.
Get medical care within 14 days
PIP generally only pays if initial care is received within 14 days of the crash.
Our uninsured driver guide goes into more detail.
How Swift Attorney can help
Swift Attorney is a free accident help and referral service, not a law firm. If you were hurt in a crash with an uninsured or underinsured driver in Florida, you can call, text or use the short form at any hour. The team listens to what happened, helps you understand a sensible next step and, where appropriate, may connect you with a participating accident attorney or medical provider.
Contacting Swift Attorney does not create an attorney-client relationship, and nobody here gives legal advice. Any legal representation would be a separate agreement between you and a participating attorney. How it works explains the process step by step.
Frequently asked questions
How do I know if I have uninsured motorist coverage?
Check the declarations page of your auto policy, or ask your insurer. In Florida, UM is included at your bodily injury limits unless it was rejected, or lower limits were chosen, in writing.
The other driver only had the state minimums. Is that “underinsured”?
Often. Florida’s minimums are PIP and property damage liability, which don’t pay for injuries you suffer. UM coverage also applies where the at-fault driver’s coverage is not enough.
Who can I ask for help with an insurance problem?
The Florida Department of Financial Services runs an Insurance Consumer Helpline at 1-877-693-5236. The department recommends contacting your insurer first.
Sources
Official sources this page relies on. Laws and procedures change — check the source for the current version.
- Florida Statutes § 627.727 — Motor vehicle insurance; uninsured and underinsured vehicle coverage — The Florida Legislature (Online Sunshine)
- Personal Automobile Insurance Overview — Florida Department of Financial Services
- Insurance Requirements — Florida Department of Highway Safety and Motor Vehicles
- Florida Statutes § 627.736 — Required personal injury protection benefits — The Florida Legislature (Online Sunshine)
- Get Insurance Help (Insurance Consumer Helpline) — Florida Department of Financial Services
Related help
- Accident with an uninsured driverWhat Florida drivers must carry, and how UM coverage works.Read more
- Hit and runThe other driver drove away without stopping.Read more
- When the insurance company callsRecorded statements, what to share and how to keep a record.Read more
- Florida’s PIP 14-day ruleWhy getting initial care within 14 days matters for your PIP benefits.Read more
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Swift Attorney is a referral service, not a law firm, and does not give legal advice. Contacting Swift Attorney does not create an attorney-client relationship. Swift Attorney is not an emergency service. If you are in immediate danger or require emergency assistance, call 911.
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