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According to the Insurance Research Council (IRC), nearly 1-in-4 drivers on Florida roads are uninsured, making the state the second highest ranking for percentage of uninsured drivers.  If you find yourself in a motor vehicle accident in Florida, there is a fairly substantial chance that you’ll be dealing with an uninsured defendant.  As such, it is imperative that drivers take steps to shield themselves from the risks of litigating a personal injury claim against an uninsured driver.

Strangely, the high percentage of uninsured drivers in Florida is not an accurate reflection of the law.  Under the Florida Statutes, section 324.021(7), all drivers are required by law to carry a minimum of $10,000 of personal injury protection insurance, and a minimum of $10,000 of property damage liability insurance.

We are left with two particularly noteworthy concerns: 1) nearly 25% of drivers in Florida do not have any motor vehicle insurance, and 2) even if a driver meets the minimum requirements for motor vehicle insurance, it is not enough to adequately cover the damages in a serious personal injury case.

To put it simply: at the lower end, there may not be much of a difference litigating against an uninsured motorist as opposed to a “barely insured” motorist.  These motorists are often referred to as underinsured motorists, to indicate that they meet legal coverage requirements, but still carry inadequate insurance coverage for real-world situations.

Suppose you find yourself in an accident involving an underinsured motorist who just barely meets the Florida minimum requirements.  As a result of the accident, you suffer significant injuries to your limbs.  Medical treatment is extensive, and eventually you have to go through surgery. 

Your total damages may be much greater than the $10,000 personal injury insurance coverage that the defendant carries.  Had the motorist been uninsured, the difficulties would be mostly the same, except you would not even be guaranteed the $10,000.

So, how can you protect yourself against both uninsured and underinsured motorists in Florida?  Uninsured Motorist Insurance Coverage (UM/UIM).

Uninsured Motorist Insurance in Florida

Florida law does not require motorists to carry their own UM insurance, but it is good practice to do so, given the high risk of getting involved in an accident with an uninsured or underinsured driver.  UM is intended to provide compensation in situations where the uninsured or underinsured motorist is unable to fully compensate the victim for their damages.

Bear in mind that under Florida law, an underinsured motorist qualifies as an “uninsured” motorist for the purposes of qualifying the accident for UM coverage (see Cox v. State Farm Mutual Auto Insurance Co.).

After an accident, you’ll have to prove that the defendant was negligent before you can be compensated by your UM plan.  If you cannot prove that the defendant acted negligently and thereby caused the motor vehicle accident at-issue, you will be significantly limited in your ability to recover compensation.

Alternative Litigation Strategy

Obtaining UM insurance to safeguard against uninsured and underinsured drivers is an excellent strategy for avoiding problems down the line, but what happens if you don’t have adequate UM coverage and you’re involved in an accident with an uninsured/underinsured driver?

A skilled Port Charlotte personal injury lawyer like Randall Spivey will be able to identify alternative potential defendants in your case.  Perhaps the roadway was faultily-designed, or ill-maintained.  Perhaps the car manufacturer did not install adequate safety mechanisms to protect against injury.

If you have been involved in a motor vehicle accident, contact the Spivey Law Firm, Personal Injury Attorneys, P.A. as soon as possible to learn more about your legal options and rights.