You’re in an accident, your car is a mess, and then comes the worst news: the other driver isn’t insured. Being involved in a car accident can be overwhelming, and an uninsured at-fault driver can make things complicated.
If you get hit by someone without insurance, you may still have the option to recover compensation. Uninsured drivers of cars are common in Florida. Knowing how to handle this situation is crucial for protecting your rights and securing the compensation that you deserve.
At Abercrombie, P.A., we assist individuals across Florida in navigating the process of dealing with an uninsured driver. Our car accident attorneys lead you through the legal maze, so that you can focus on healing.
Read this blog for a comprehensive understanding of the steps to take, the compensation you can receive, and how we can help you.
Florida’s Uninsured Driver Landscape and Legal Framework
The Florida Department of Highway Safety and Motor Vehicles (FDHSMV) calculates the uninsured drivers of cars, motorcycles, and other commercial vehicles. As of July 2025, about 20% of Florida’s drivers are uninsured. As of 2023, approximately one in every five drivers in Florida is uninsured, resulting in significant legal complexities.
According to the Florida Insurance Council, The State has some of the highest rates of uninsured drivers in the United States. As the number of uninsured car drivers increases, concerns about compensation deprivation also rise. But why is this discrepancy? Some of the significant reasons are as follows:
1. High Cost of Insurance
The State of Florida has one of the most expensive rates for car insurance. This makes coverage unaffordable for many residents, who may choose to drive without purchasing insurance.
2. Low Mandatory Coverage Requirements
Florida does not require drivers to carry bodily injury liability coverage. This type of insurance pays for injuries to others in an at-fault car accident. Instead, it requires PIP coverage, which is intended to cover medical expenses for the policyholder but doesn’t protect others.
3. Low Liability Limits
The minimum liability limits for bodily injury coverage in Florida are among the lowest in the country, potentially leaving gaps in financial protection for drivers.
How Fault is Determined in Florida Accidents?
In Florida, fault for an accident is determined by assigning responsibility for causing the crash, typically based on who violated traffic laws. This is done through Florida’s Comparative Negligence System, which reduces a victim’s damage by their percentage of fault.
The fault in a car accident is determined by considering the following factors:
1. Traffic Laws
The primary factor for determining fault is identifying who violated the traffic laws that contributed to the accident.
2. Evidence Collection
Based on the authenticity of the evidence presented by the parties involved, the at-fault party is determined.
3. Fault Assignment
Investigators and adjusters piece together the evidence to establish who was negligent and assign responsibility for the accident.
Why does Florida’s no-fault system matter when the other driver lacks insurance?
Now the question arises, “Why is Florida a No-Fault State?” It’s because the laws mandate that drivers carry Personal Injury Protection (PIP) Insurance to cover lost wages and medical expenses.
Florida no-fault insurance ensures that people can get immediate treatment and financial coverage through their own insurance. However, it also limits lawsuits for minor injuries and requires that severe or permanent injuries meet specific thresholds to sue at-fault drivers. This system is used to recover damages beyond medical and lost income.
Due to the existing and rising rates of uninsured drivers, we have provided a legal discussion on compensation and the claims procedure.
Can you sue an uninsured driver in Florida?
Yes, you can definitely sue an uninsured driver in Florida to recover the damages and losses that you have incurred. However, suing an uninsured car driver might initially be difficult due to the lack of sufficient assets. Many uninsured drivers may lack sufficient personal assets, making it difficult to collect a lawsuit judgment.
Risks of hollow victory may arise if you sue an uninsured driver. If the driver has no money or assets, then the court judgment may be uncollectible and not provide you with any actual compensation.
However, it’s not a biased aspect; check out what else can happen if you sue an uninsured car driver.
What happens if a person at fault in an Accident has No Insurance?
Even if your opponent is uninsured, you can still retrieve your rightful compensation. In such a case, the at-fault party is personally liable for the victim’s damages, including vehicle repairs and medical bills.
Consulting an experienced car accident lawyer can help you navigate the legal process. Here are the immediate consequences:
1. Driver’s License Suspension
FLHSMV can suspend the at-fault driver’s license and registration until proof of coverage is provided.
2. Personal Financial Liability
Without insurance, the at-fault driver becomes personally responsible for damages and injuries.
3. Potential Lawsuits
The injured party can file a personal injury or property damage lawsuit directly against the uninsured driver.
4. Requirement for SR-22 Insurance
To reinstate driving privileges, they may need to file an SR-22 (proof of future financial responsibility), which often results in significantly higher premiums.
How Will it Impact You? (If You are Injured)
As the injured party, your PIP coverage can pay your initial medical bills. If you have purchased UM/UIM coverage, our auto accident attorney can help you recover fair compensation with your own insurance provider. Additionally, if your injuries come under the “serious injury threshold”, you may step outside of no-fault and sue the uninsured driver directly.
What is PIP coverage, and how does it protect you?
Florida’s Insurance Structure works in your favor. Personal Injury Protection (PIP) coverage is a “no-fault” auto insurance that pays you and your passengers’ medical expenses and lost wages, regardless of who caused the accident. Here’s how PIP coverage can protect you:
1. Medical Expenses
PIP pays 80% of your reasonable medical bills, such as doctor visits, ambulance fares, and hospital stays.
2. Lost Wages
PIP covers 60% of your lost income while you are recovering from your injuries.
3. Death Benefits
Certain PIP policies provide you with a death benefit, up to a specific limit.
4. Who it Covers
It protects you, your passengers, and even pedestrians or bicyclists hit by an uninsured driver.
Do I need uninsured motorist coverage in Florida?
Insurance options, such as PIP, can help cover a portion of your financial and medical expenses. Uninsured (UM) and Underinsured Motorist (UIM) coverage protects you when you are at fault in an accident. This works when the other driver doesn’t have enough or any insurance to cover your medical bills and property damage.
Many users opt for stacking UM coverage in Florida. But how exactly does it help?
In Florida, stacked UM (uninsured/underinsured motorist) coverage allows you to combine the UM limits of multiple policies’ vehicles under a single policy, thereby increasing your total protection against uninsured or underinsured drivers.
Florida allows drivers to stack UM/UIM coverage on their vehicles, and it is a highly recommended form of protection.
When PIP or UM Are Not Enough: Additional Legal Remedies
In some cases, PIP or UM is not enough to cover your damages from a car accident. You can pursue additional compensation through several other legal remedies. Here’s how you can receive the additional legal remedies:
1. File a Personal Injury Lawsuit Against the At-Fault Driver
If your expenses exceed the at-fault driver’s insurance limits, you may sue them directly for the excess amount. Here’s when our attorneys will help you file a personal injury lawsuit against an uninsured driver in Florida.
2. File a Lawsuit Against Other Liable Parties
Depending on the circumstances of the accident, other parties may share the blame and have additional insurance coverage. The liable parties may include commercial employers, vehicle manufacturers, and Government entities.
3. Seek Compensation From Your Own Insurance
Even when you have exhausted your PIP and UM/UIM coverage, other policies you hold may provide additional funds. Health Insurance, Medical Payments, and an Umbrella Policy can cover your medical and other financial expenses.
4. Negotiate a Medical Lien with Providers
Our attorneys will negotiate a medical lien with providers by gathering necessary medical documents and evidence of your injuries. We will handle the end-to-end process, from contacting the lien holders to negotiating with them.
5. File a Bad Faith Claim Against the Insurer
Filing a bad faith claim means documenting everything and gathering evidence, confirming that the insurer acted unreasonably in denying, delaying, or underpaying your valid claim.
Evidence plays a crucial role in filing a bad faith claim against insurers. Here’s when our car accident attorney will play a significant role. The insurer is provided with a 60-day window to resolve the issue, and if they fail to do so, you can file the lawsuit with your attorney.
Special Considerations in Rental Car Accidents
Getting hit by an uninsured driver while driving a rental car can feel even more complicated. Here’s what Florida drivers need to know:
1. Rental Car Company Coverage
Most rental agreements include a minimum level of liability protection, but this often doesn’t cover all damages when the other driver is uninsured.
2. Your Personal Auto Insurance
If you have personal auto insurance, your PIP and UM coverage typically extend to rental vehicles, providing the same protection as if you were driving your own car.
3. Credit Card Benefits
Some major credit cards offer rental car insurance as a perk, but this typically covers property damage (the rental itself), not medical bills resulting from an accident with an uninsured driver.
4. Collision Damage Waiver (CDW)
If you purchased the rental company’s CDW, it typically covers damage to the rental vehicle regardless of the other driver’s insurance status, but not medical costs.
5. Out-of-Pocket Risks
Without UM coverage or additional rental insurance, you may end up paying for your injuries and damages out of pocket if the at-fault driver is uninsured and unable to pay.
What is the deadline for filing a Car Accident Claim in Florida?
The deadline for filing a personal injury claim is known as the statute of limitations.. Claimants need to file within the statute of limitations; otherwise, the claim will be rejected.
In Florida, the statute of limitations for a car accident is two years from the date of the incident, as per Florida’s updated law, House Bill 837. This two-year deadline applies to all personal injury claims, including car accident claims, that occurred before March 24, 2023.
The Florida statute of limitations in a car accident is essential to safeguard victims. If the evidence in a car accident case is allowed to degrade or deteriorate over time, the chance of justice being served declines. Applying the statute of limitations ensures that the lawsuit is carried on in an unbiased manner and provides the victim with rightful compensation.
Myths About Uninsured Driver Claims
Many Floridians have a misconception about what happens after an accident. Evaluating the following myths might help Florida drivers make smarter coverage decisions:
Myth 1: No-fault means no one is at fault in Florida accidents
Florida’s no-fault laws apply only to medical expenses under the PIP coverage. Fault is still determined in accidents after proper investigation.
Myth 2: If the driver has no insurance, I can’t recover anything
Your PIP and uninsured/underinsured motorist (UM/UIM) coverage can still provide compensation.
Myth 3: Uninsured motorist coverage is unnecessary if I have health insurance
Health insurance doesn’t cover lost wages, pain and suffering, or long-term rehabilitation costs.
Myth 4: Suing an uninsured driver guarantees that I’ll be compensated
Even if you win a judgment, many uninsured drivers may not have sufficient assets to pay damages. That’s why UM coverage is critical.
What Happens when the Driver is Uninsured in a Hit-and-Run Case?
Florida ranks sixth highest in terms of uninsured car drivers, posing a significant concern in a “no-fault” state. The Florida Department of Highway Safety and Motor Vehicles (FLHSMV) reported that hit-and-run cases have increased by approximately 40% in the past decade.
Approximately 25% of car crashes in Florida involve hit-and-run incidents, which is compounded by the number of uninsured drivers. Rising unsafety in Florida’s traffic has raised questions about what happens if a hit-and-run driver is uninsured.
Take the following steps after a hit-and-run case:
- Call 911 for emergency medical needs
- Report the accident to the police
- Report the accident to your own insurance company
- Our attorneys will gather evidence and document it
Penalties for the Uninsured Driver
In a hit-and-run case, the driver is subjected to hefty penalties that total up to the damages incurred by the victim. The at-fault driver may face criminal charges, including fines, potential license suspension, and possible imprisonment, depending on state laws.
If a driver is caught operating a vehicle without insurance, their future insurance rates will likely increase significantly. In accidents involving injuries or fatalities, the at-fault uninsured driver may also face criminal charges, which can lead to fines and even imprisonment if found guilty.
Will My Insurance Go Up if I Get Hit by an Uninsured Car Driver?
No, your insurance rate is unlikely to be impacted by the accident caused by an uninsured driver. Insurance companies are prohibited by state laws from increasing premiums due to uninsured car accident claims. This also includes instances when you file a claim under uninsured motorist coverage.
As a part of personal injury protection in Florida, your own PIP coverage will play a vital role in covering your damages incurred. Your premiums cannot legally be raised, even though you were a victim of an uninsured driver.
How Car Accident Claims Work?
Navigating the complex process of car accident claims is overwhelming enough for victims who have been injured in an accident. Filing a lawsuit against an uninsured driver can further increase your frustration. We won’t recommend that you do it alone.
Here’s how car accident claims work:
1. Seek Medical Attention
Your health should be the top priority after a car accident. Seek medical help, even if you think that your injuries are not severe. Follow all your doctor’s treatment plans and attend all follow-up appointments.
2. Reporting the Accident
Notify your insurance company about the at-fault party’s insurance company after the accident. When the at-fault party is uninsured, the party is directly sued. But, do not admit anything, share any information, or claim anything without your attorney’s supervision.
3. Gathering Evidence
Evidence is often considered the backbone of a car accident claim. In Florida’s comparative fault accident claim, the proper evidence will be crucial in proving the at-fault party’s involvement.
Evidence includes police reports, witness statements, photographs of the accident scene, CCTV footage, and medical records. Reports of car damage can also act as significant evidence against the at-fault party.
4. Calculating Damages
Our attorneys are highly experienced in calculating the damages you incurred in the car accident. Damages may include both economic and non-economic damages, the total of which will be calculated in the compensation claim.
5. Sending a Demand Letter
Generally, the at-fault party’s insurance company is sent a demand letter. However, when the at-fault party is uninsured, the demand letter will be sent to your insurance company instead. This demand letter is to claim your PIP and UM.
The demand letter will also be sent to the at-fault party, in case the damages are not covered under your PIP and UM. The letter will outline your damages and request a specific settlement amount that can cover all your damages.
6. Negotiate with the Insurance Company
After the demand letter is sent to the insurance company, they will likely respond with a counteroffer. Certain insurance companies are likely to offer you a compensation amount that’s less than your rightful money. Consulting our auto accident attorney will help you in the negotiation process for a fair settlement agreement.
7. Finalizing the Settlement
Once you and your insurance company agree on a settlement, our attorney will review it to ensure that the clauses are presented ethically. Upon thorough evaluation, you will need to sign the settlement agreement and receive your settlement funds.
What Compensation Looks Like in Practice?
In practice, car accident compensation is determined by calculating the victim’s total damages. It is received by negotiating with the at-fault driver’s insurance company and, in case of uninsured drivers, from your own insurance company.
Here are the types of damages that can be recovered:
1. Economic Damages
Such damages are quantifiable financial losses that can result directly from a car accident. These damages are considered under economic damages:
- Past and Future Medical Expenses
Covers emergency care, hospitalization, surgery, medication, physical therapy, and future medical treatments required.
- Lost Wages
Loss of income due to missed work during recovery and permanent unemployment after succumbing to severe injuries.
- Property Damage
Cost of repair or replacement of your vehicle and any other personal property damaged in a car crash. In case your entire vehicle is damaged, the settlement will cover its fair market value.
- Additional Expenses
Reimbursement of other direct costs, towing fees, rental car costs, and transportation costs to medical appointments.
2. Non-Economic Damages
Apart from economic damages, Florida uninsured driver accident compensation will also include non-economic damages. These compensate for subjective, intangible losses that cannot be calculated in monetary value:
- Pain and Suffering
Injuries, loss, and recovery cause physical pain, mental discomfort, and emotional suffering after a car accident.
- Loss of Enjoyment of Life
Accidents can reduce the enjoyment of life, which falls under non-economic damages and can be compensated.
- Disability and Disfigurement
Covers damage related to permanent physical disability and disfigurement that can scar a victim’s daily life.
3. Punitive Damages
Punitive damages are targeted to punish the at-fault party for disrupting the victim’s life. These damages are reserved to compensate for cases involving extreme conduct.
Contact an Experienced Car Accident Attorney in Florida
Abercrombie, P.A., has significant experience in handling car accident cases involving uninsured drivers. Our experienced car accident attorneys in Florida are right here to guide you through the complex legal procedure of compensation claims.
Along the way, we have recovered notable compensation amounts on behalf of our clients and are available to review your case at no cost. We work on a contingency basis and will provide you with a free consultation. You will only have to pay if we win.
Let us evaluate your case, assist you with the legal procedures, and help you receive your rightful compensation.
