Guide
Accident With an Uninsured Driver in Florida
Finding out the driver who hit you has no insurance — or only the state minimums — is stressful. Your own policy may cover more than you think.
By Swift Accident Help Editorial Team · Last reviewed · General information, not legal advice
Key takeaways
- Florida requires $10,000 PIP and $10,000 property damage liability — bodily injury liability is generally not required.
- Your own PIP pays first for your injuries.
- Uninsured motorist (UM) coverage is included at your bodily injury limits unless rejected, or lower limits chosen, in writing.
- Driving without required insurance can lead to suspension of the owner’s licence and registration.
What Florida requires drivers to carry
Owners of vehicles with four or more wheels registered in Florida must carry at least $10,000 of personal injury protection and $10,000 of property damage liability. FLHSMV can suspend the licence and registration of an owner who lets required coverage lapse.
Bodily injury liability — which pays for injuries a driver causes to others — is generally not required unless the driver has caused certain crashes or received certain convictions. So a driver can be fully legal and still have no coverage for your injuries.
Where your coverage comes in
PIP generally pays 80% of reasonable medical expenses up to $10,000 whoever was at fault, provided you get initial care within 14 days.
Uninsured motorist coverage pays what the at-fault driver would have been legally responsible for, up to your UM limits. Florida insurers must offer it, and it is included at your bodily injury limits unless the named insured rejected it or chose lower limits on a signed form. Coverage stacks across vehicles unless non-stacking coverage was selected in writing.
Your declarations page shows what you have. If an insurer isn’t handling your claim properly, the Florida Department of Financial Services Insurance Consumer Helpline is 1-877-693-5236 — the department recommends contacting your insurer first.
What to do now
Make sure there’s a police report
It records the other driver’s details and insurance status.
Notify your insurer
Your PIP and any UM claim go through your own company.
Get medical care within 14 days
Keep every bill and record.
Get advice on your options
A participating attorney can review what coverage may apply.
Frequently asked questions
Can I sue an uninsured driver?
That is a legal question for a licensed Florida attorney, who can also review whether your own UM coverage applies.
Will a UM claim raise my premium?
That depends on your insurer and the circumstances. Ask your insurer or agent.
I rejected UM coverage. What now?
Your PIP still applies to your medical bills. A participating attorney can review any other options.
Sources
Official sources this page relies on. Laws and procedures change — check the source for the current version.
- Insurance Requirements — Florida Department of Highway Safety and Motor Vehicles
- Florida Statutes § 627.736 — Required personal injury protection benefits — The Florida Legislature (Online Sunshine)
- 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
- Get Insurance Help (Insurance Consumer Helpline) — Florida Department of Financial Services
Related help
- Uninsured & underinsured driversThe at-fault driver had no insurance, or not enough.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
- Medical bills after a car accidentHow PIP pays, its limits, and what to keep.Read more
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