Injured by an uninsured driver in Fort Pierce? Here are your options

You did everything right. You paid for car insurance. You followed the rules of the road. You were driving through Fort Pierce when another driver caused a crash that left you injured.

Then you discover something that can make an already devastating situation feel even worse: The driver who hit you doesn’t have insurance.

Unfortunately, this scenario is far more common in Florida than many drivers realize. According to Insurance Research Council data reported by the Insurance Information Institute, an estimated 20.6% of Florida motorists were uninsured in 2023. That ranked Florida seventh-highest in the nation. Put another way, roughly one out of every five Florida drivers was estimated to be uninsured.

For drivers in Fort Pierce and throughout the Treasure Coast, that’s a number worth remembering every time you get behind the wheel.

So, what happens when the driver who hits you doesn’t have insurance—or doesn’t have nearly enough insurance to pay for your losses? 

At Hoskins, Turco, Lloyd & Lloyd, our Fort Pierce car accident attorneys have helped injured people throughout the Treasure Coast navigate complicated insurance claims for decades. One of the first things we investigate after a serious accident is where insurance coverage may be available, because the answer is not always as simple as looking at the policy of the driver who caused the crash.

Here’s what Florida accident victims need to know about uninsured drivers, underinsured drivers and protecting themselves before an accident ever happens.

What happens if the person who hit me doesn’t have car insurance in Florida?

If an uninsured driver causes your Fort Pierce car accident, the absence of the other driver’s insurance does not necessarily mean there is no insurance coverage available for your injuries.

The first step is determining exactly what coverage exists.

Depending on the circumstances, potential sources of recovery may include:

• Your Personal Injury Protection (PIP) benefits
• Your uninsured motorist (UM) coverage
• Uninsured motorist coverage available through another applicable policy
• Other potentially responsible parties and their insurance
• A claim directly against the at-fault driver

Which options apply depends heavily on the facts of the accident and the insurance policies involved.

This is one reason we tell injured clients: don’t assume there is no case simply because the other driver says they don’t have insurance.

The experienced Fort Pierce car accident lawyers at Hoskins, Turco, Lloyd & Lloyd will investigate the crash and applicable policies to determine whether additional sources of compensation may exist.

What does my PIP insurance cover after a Fort Pierce car accident?

Florida is a no-fault automobile insurance state, which means your own Personal Injury Protection coverage can provide certain benefits after a crash regardless of who caused it, subject to Florida law and your policy.

That makes PIP an important first source of benefits after many Florida car accidents.

But PIP should not be confused with compensation for the full value of a serious personal injury claim.

A major accident can result in emergency treatment, hospitalization, surgery, rehabilitation, months away from work and long-term or permanent limitations. The financial and personal consequences can quickly exceed the benefits available through PIP.

That is when identifying other available insurance becomes especially important.

What is uninsured motorist coverage in Florida?

Uninsured motorist coverage—commonly called UM coverage—is insurance you purchase to protect yourself when you are injured by a driver who does not have applicable bodily injury liability insurance.

Think about that for a moment.

You cannot control whether the person driving toward you on US-1, I-95, Okeechobee Road or Orange Avenue purchased adequate insurance. But you can make decisions about the protection on your own policy.

Florida law addresses uninsured motorist coverage under Florida Statute § 627.727. When applicable, UM coverage can provide compensation for damages caused by an uninsured motorist, subject to the policy and Florida law.

UM coverage can become extraordinarily important when a person suffers a serious injury and discovers that the at-fault driver has no bodily injury insurance available.

What is underinsured motorist coverage?

Sometimes the driver who causes an accident has insurance—but not enough insurance.

That’s where underinsured motorist coverage can become important.

Imagine a driver causes a serious Fort Pierce crash and you suffer injuries requiring surgery. Your medical expenses, lost income and other damages are substantial. The at-fault driver has bodily injury liability insurance, but the available limits aren’t enough to cover your damages.

Depending on your policy and the circumstances, underinsured motorist coverage may help address the difference between available benefits and the damages you sustained, up to applicable coverage limits.

Florida’s uninsured motorist statute specifically addresses situations involving underinsured motorists and the relationship between available liability coverage, damages and UM benefits.

Why do I need uninsured and underinsured motorist coverage in Florida?

If there is one insurance coverage we want Florida drivers to understand before they ever need it, it is uninsured/underinsured motorist coverage.

Why? Because you can buy insurance to protect yourself from other people’s failure to buy enough insurance. Remember: approximately one in five Florida motorists was estimated to be uninsured in 2023.

Without UM coverage or another source of recovery, your options could become significantly more limited. That is why uninsured and underinsured motorist coverage can be such valuable protection for Florida families. 

Liability insurance primarily protects you when you hurt someone else. UM coverage can help protect you when someone else hurts you and doesn’t have adequate insurance to pay for the damage they caused.

What does uninsured motorist insurance pay for after a Florida car accident?

When applicable, UM coverage can potentially compensate an injured person for damages the uninsured or underinsured driver would otherwise have been legally responsible for, subject to Florida law, policy terms and coverage limits.

Depending on the circumstances of a particular case, damages can involve losses such as medical expenses, lost income, future medical needs, diminished earning capacity and certain non-economic damages.

Florida law places specific requirements on recovery of damages for pain, suffering, mental anguish and inconvenience in UM claims. For those damages, § 627.727 references the injury thresholds established under Florida’s motor-vehicle no-fault law. This is why a UM claim should not be treated as simply another reimbursement claim. Significant injuries can create complicated questions involving damages, medical evidence, policy language and Florida insurance law.

Can I make a claim against my own insurance company after an uninsured driver hits me?

Potentially, yes. If you purchased applicable uninsured motorist coverage, you may pursue UM benefits through your own insurance policy after an uninsured driver causes your injuries.

And this is where many people become confused. You have paid premiums to your insurance company—perhaps for years. You may reasonably expect your insurer simply to pay whatever you believe your claim is worth.

But a UM claim still involves establishing the legal responsibility of the uninsured or underinsured driver and proving your damages. That is one reason serious uninsured motorist claims can benefit from experienced legal representation.

Will my insurance company automatically pay my full UM policy limits?

No. Having $100,000 in uninsured motorist coverage, for example, does not automatically mean an accident results in a $100,000 payment.

Policy limits establish the maximum amount of applicable coverage available under that policy or coverage structure. The value of a particular claim depends on factors including liability, the nature and severity of the injuries, medical evidence, damages, available coverage and the specific facts of the case.

An attorney’s job is to gather the evidence necessary to establish what happened and demonstrate the full extent of the client’s losses.

Hit by an uninsured driver in Fort Pierce? Don’t assume you have nowhere to turn.

Call 866-930-6435 for a free consultation with our attorneys

Finding out the person who injured you doesn’t have insurance can be frightening. It should not be the moment you give up on your claim. It should be the moment you contact Hoskins, Turco, Lloyd & Lloyd.

For over 40 years, we have helped countless injured people throughout Fort Pierce and the Treasure Coast navigate difficult car accident and insurance claims, including cases involving uninsured and underinsured motorists.

Our Fort Pierce car accident attorneys can investigate the crash, review the available insurance policies, determine whether UM/UIM coverage applies, search for additional sources of recovery, document your damages and fight to hold the appropriate parties and insurance companies accountable.

Don’t assume you don’t have a case. Don’t assume the first insurance company you speak with has identified every available source of coverage.

Contact us today for a FREE consultation by calling 866-930-6435

FAQ: Uninsured driver accidents in Fort Pierce, Florida

What happens if an uninsured driver hits me in Fort Pierce?

You may still have options for compensation. Depending on your circumstances and insurance policy, potential sources can include Florida PIP benefits, uninsured motorist coverage, other applicable insurance policies, other responsible parties or a claim against the at-fault driver.

How common are uninsured drivers in Florida?

Insurance Research Council data reported by the Insurance Information Institute estimated that 20.6% of Florida motorists were uninsured in 2023, placing Florida seventh-highest among the states.

Does Florida require every driver to have bodily injury liability insurance?

Florida’s compulsory automobile insurance requirements generally apply to Personal Injury Protection and property-damage liability rather than requiring third-party bodily injury liability coverage for every driver. Other financial-responsibility requirements can apply in specified circumstances.

What is uninsured motorist coverage?

Uninsured motorist coverage is automobile insurance designed to protect an insured who suffers damages because of a driver without applicable liability insurance, subject to Florida law and the insurance policy.

What is underinsured motorist coverage?

Underinsured motorist coverage can apply when an at-fault driver’s liability insurance is insufficient in relation to the injured person’s damages, subject to the injured person’s policy, coverage limits and Florida law.

Is uninsured motorist coverage required in Florida?

Florida law requires insurers issuing applicable motor-vehicle liability policies to offer UM coverage, but an insured can reject the coverage in writing or select lower limits as provided under Florida Statute § 627.727.

Why should I buy UM/UIM coverage in Florida?

UM/UIM coverage can provide an important source of protection when someone causes an accident but has no bodily injury liability insurance or insufficient insurance to cover your damages. With a significant share of Florida motorists estimated to be uninsured, it is coverage worth seriously considering.

Can I use my own insurance if the other driver is uninsured?

If you have applicable uninsured motorist coverage, you may be able to pursue benefits through your own insurance policy. PIP benefits may also apply to certain losses after a Florida accident.

Can my insurance company dispute my uninsured motorist claim?

Yes. A UM claim can still involve disputes concerning fault, causation, injuries, damages, coverage and claim value. Your insurer does not automatically have to pay the policy limit simply because the other driver was uninsured.

Can I sue someone who doesn’t have car insurance?

Potentially. An uninsured at-fault driver can still be legally responsible for damages they cause. However, whether sufficient personal assets exist to satisfy a judgment is a separate consideration.

What is the difference between stacked and non-stacked UM coverage in Florida?

Stacked and non-stacked coverage differ in how UM benefits may be available or combined in situations involving multiple vehicles or policies. Florida Statute § 627.727 contains specific provisions governing non-stacked UM coverage.

Should I hire a Fort Pierce car accident lawyer after being hit by an uninsured driver?

For a significant injury, legal representation can be particularly valuable because an attorney can investigate liability, locate potential insurance coverage, review UM/UIM policies, document damages and pursue available sources of compensation.

Contact us today for a free, no-obligation consultation at 866-930-6435