Just crashed and need help now? Do these five things and get a free case review.
When the other driver has no insurance, or too little, the person left to pay is often you. This page walks through the one Florida coverage built for that situation. It uses the statute's own words and does not predict what any insurer will decide.
Decide in four steps
- Pull your declarations page. Look for "uninsured motorist" or "UM" and its limits. If you do not see it, check whether you signed a rejection.
- Did you reject it? Florida does not require UM if the named insured makes a written rejection on a form approved by the state. A signed rejection by a named insured is presumed to be an informed, knowing rejection on behalf of all insureds. Your insurer must also notify the named insured annually of the options.
- What are the limits? UM limits are not less than your bodily injury liability limits unless you selected a lower limit.
- What else has paid? UM is over and above, but does not duplicate, PIP, workers' compensation, disability benefits, medical expense coverage, liability coverage, and money from the at-fault driver or others liable. It covers the difference, if any, up to the UM limit.
Source: Florida Statutes 627.727(1) and (2).
Underinsured counts too
The statute treats an insured vehicle as an uninsured one in three situations: its insurer is unable to pay because of insolvency, the driver's bodily injury limits are less than the total damages of the person entitled to recover, or the policy excludes liability to a non-family member whose operation of an insured vehicle injures the named insured or a household relative (627.727(3)). Insolvency protection applies when the at-fault driver's insurer becomes insolvent within 4 years after the accident.
Before you settle with the other driver's insurer
If you agree to settle with a liability insurer and its insured, and the settlement would not fully satisfy your claim, the statute requires written notice of the proposed settlement by certified or registered mail to every underinsured motorist insurer that provides coverage. That insurer then has 30 days to authorize the settlement or keep its subrogation rights (627.727(6)). Do not sign a release before the notice period has run without asking an attorney whether it affects your UM claim.
What UM does not pay for
The UM insurer's liability does not include damages for pain, suffering, mental anguish and inconvenience unless the injury is one of the types listed in 627.737(2): significant and permanent loss of an important bodily function, permanent injury within a reasonable degree of medical probability other than scarring, significant and permanent scarring or disfigurement, or death. See 627.727(7).
Hit and run
Notify police right away: Florida requires a driver in a crash with injury or apparent damage of at least $2,000 to do so (316.065(1)). The UM statute text we read defines an uninsured vehicle by insurer insolvency, low limits and a family-member exclusion; it does not mention an unidentified driver. Whether your policy treats a hit-and-run driver as uninsured depends on the policy's own terms, so ask your insurer in writing and have an attorney read the policy.
Check your own deadlines
The PIP clock and the lawsuit clock still run. See the timetable and the 14-day PIP rule. Kazaam's claim deadline calculator gives the lawsuit date for Florida. Disclosure: Kazaam is a marketing and lead-connection service operated alongside SWFL.now by Neural Command, LLC; it is not a law firm and does not give legal advice. This page is general information, not legal advice.
Related
- What to do after a car accident in Southwest Florida
- How to get a crash report in Lee, Collier and Charlotte counties
Sources
- Florida Statutes 627.727, uninsured and underinsured vehicle coverage, read November 14, 2026.
- Florida Statutes 627.737, read November 14, 2026.
- Florida Statutes 316.065, read November 14, 2026.
Frequently asked questions
- What happens if I am hit by an uninsured driver in Florida?
- Your PIP pays first for medical and disability benefits if you meet its rules. If you have uninsured motorist (UM) coverage, it can cover damages beyond PIP and other benefits, up to the UM limit, for injuries caused by an uninsured driver.
- Is uninsured motorist coverage required in Florida?
- Insurers must provide it with a bodily injury liability policy unless a named insured rejects it in writing on a form approved by the state. Because of that, whether you have it depends on whether you signed a rejection.
- Does UM cover an underinsured driver?
- Yes in many cases. The statute treats an insured vehicle as uninsured when its insurer cannot pay because of insolvency, or when the driver's bodily injury limits are less than the total damages of the person entitled to recover.
- Does UM pay for pain and suffering?
- Only if the injury meets the statute's threshold: significant and permanent loss of an important bodily function, permanent injury within a reasonable degree of medical probability, significant and permanent scarring or disfigurement, or death (627.727(7) and 627.737(2)).
- What if the driver who hit me left the scene?
- Call police right away; Florida requires drivers to notify police of a crash with injury. Whether your policy treats an unidentified driver as uninsured depends on the policy terms, so ask your insurer in writing and have an attorney read the policy.