Published on:

Uninsured and Underinsured Drivers Can be a Risk in a Florida Car Accident

According to the Insurance Research Council, one in four Florida drivers is on the road with no car insurance. Across the US, one in six drivers do not have insurance, making Florida one of the top five states in the nation when it comes to uninsured drivers. Only New Mexico, Oklahoma, Mississippi, and Alabama have a higher percentage. In addition to these numbers, many more drivers on Florida’s roads are underinsured.

Underinsured and uninsured drivers pose a huge risk for all drivers. Florida mandates that all drivers carry a minimum amount of insurance, which covers medical injuries and other injuries to the driver and passenger as well as coverage for property damage to another car. Drivers are free to buy additional insurance as well. Florida law does not require drivers to buy coverage for any medical costs to passengers of the other vehicle involved in a car accident. Drivers who do not have this type of coverage are considered underinsured, since if they are in an accident, their insurance will not pay for the medical costs and injuries they cause another person.

If you are in a Florida car accident caused by an underinsured or uninsured driver, you may have considerable challenges in recovering the costs of injuries, medical expenses, property damage, and other injuries sustained in the car crash.

Florida is a “no-fault” state, meaning that victims who sustain an accident in a car accident can get compensation for medical costs and lost wages in the event of a car accident. The payout is usually quick, since insurance companies do not consider liability when assigning claim amounts. As well, payout comes from the driver’s own insurance company, not from the company of the other driver. Therefore, even if the other driver is uninsured, the victim can still get some compensation. However, only small claims of under $10 000 qualify, in most cases, for no-fault benefits.

Serious accidents usually involve lawsuits and legal claims, since no fault benefits do not cover the substantial medical costs and lost income involved. In these cases, the victim will sue the at-fault driver for damages. If the at-fault driver has good insurance coverage and personal assets, the injured driver can get compensation through these means. If the at-fault driver is uninsured or underinsured, the injured driver may need to seek recovery from their own insurance company.

If you drive in Florida, you may wish to speak with your insurance provider about additional coverage that will protect you in the event of a car collision with an underinsured or uninsured driver. While many drivers are upset that they need to pay extra for someone who negligently does not obey the law in getting car insurance, the fact is that many drivers in Florida do not have adequate insurance to protect you and your family in an accident. If you are in an accident with this type of driver, having your own coverage can help pay for medical care and lost income for you and your family.

The claims process in a Florida truck accident or car accident involving an uninsured driver can be very complicated. In some cases, drivers with no insurance will leave the scene of an accident because they do not want to admit that they have broken the law and not taken out car insurance. For these reasons, it is important to secure a Florida car accident attorney immediately after your accident if you believe that the other driver is uninsured or underinsured.


You can contact the Flaxman Law Group, for example, to get a free, no-obligation consultation to discuss your case. With thousands of cases successfully completed on behalf of personal injury victims, and offices in Miami, Homestead, and Hollywood, the Flaxman Law Group is poised to help Florida car accident survivors across South Florida.