Florida UM Claims: How to File an Uninsured Motorist Lawsuit and Protect Your Rights

Florida UM Claims: How to File an Uninsured Motorist Lawsuit and Protect Your Rights

Imagine being involved in a car accident, only to discover the at-fault driver has no insurance. In Florida, where nearly 20.4% of motorists are uninsured, this is a harsh reality many face. Uninsured Motorist (UM) coverage is designed to protect you in such situations, but navigating the claims process can be complex. This guide provides a comprehensive overview of how to file a Florida UM claim and safeguard your rights.

Understanding Uninsured Motorist Coverage in Florida

Uninsured Motorist (UM) coverage is an optional, but highly recommended, part of your auto insurance policy. It steps in when you’re injured by an uninsured driver, a hit-and-run driver, or an underinsured driver (someone whose insurance limits aren’t sufficient to cover your damages).

Why is UM coverage so important in Florida?

  • High Uninsured Rate: Florida has a significant percentage of uninsured drivers, increasing the risk of accidents involving uninsured motorists.
  • No Requirement for Bodily Injury Liability Coverage: Florida law doesn’t mandate drivers to carry bodily injury liability (BIL) coverage, meaning many drivers lack insurance to compensate you for injuries they cause.
  • Protection Beyond PIP: While Florida requires Personal Injury Protection (PIP) coverage, it may not fully cover your medical bills, lost wages, and pain and suffering. UM coverage can provide additional compensation for these damages.

Steps to Take After an Accident with an Uninsured Motorist

  1. Ensure Safety and Report the Accident:

    • Check for injuries and seek medical attention immediately. Florida law requires you to seek medical care within 14 days of the accident to access your Personal Injury Protection (PIP) benefits.
    • Call 911 to report the accident and request a police report. The police report is crucial for documenting the accident and the other driver’s uninsured status.

    • Gather Evidence:

    • Document the accident scene with photos and videos of vehicle damage, road conditions, and injuries.

    • Collect contact information from any witnesses.
    • Obtain a copy of the police report.
    • Keep detailed records of all medical treatments, bills, and related expenses.

    • Notify Your Insurance Company:

    • Report the accident to your insurance company as soon as possible.

    • Inform them that the other driver was uninsured or may be underinsured.
    • Provide all available documentation and details about the accident.

    • Understand Your Coverage:

    • Review your insurance policy to confirm your UM coverage limits.

    • Determine if you have “stacked” UM coverage, which increases your coverage limits if you have multiple vehicles on the policy.

    • File a UM Claim:

    • Submit a formal UM claim with your insurance company.

    • Provide all supporting documentation, including the police report, medical records, and proof of lost wages.

Proving Your Uninsured Motorist Claim

Unlike PIP claims, you must prove the other driver was at fault to recover compensation under your UM coverage. Generally, you need to demonstrate the following:

  • The other driver had a duty of care to follow traffic laws.
  • The driver breached that duty through negligence (e.g., speeding, distracted driving).
  • The driver’s negligence directly caused the accident.
  • You suffered damages (injuries and financial losses) as a result of the accident.

Damages You Can Recover in a Florida UM Claim

UM coverage can compensate you for various economic and non-economic damages, including:

  • Medical Expenses: Past and future medical bills related to the accident.
  • Lost Wages: Compensation for lost income and future earning capacity.
  • Pain and Suffering: Compensation for physical pain, emotional distress, and mental anguish.
  • Disability and Impairment: Costs associated with disabilities or permanent impairments.
  • Other Expenses: Out-of-pocket expenses, such as transportation costs, and replacement services.

Navigating the UM Claims Process

  1. Negotiation: Your insurance company will investigate your claim and may make an initial settlement offer. Evaluate the offer carefully and negotiate for a fair settlement that covers all your damages.
  2. Appraisal or Arbitration: If you and your insurance company can’t agree on a settlement, your policy may require appraisal or arbitration. These processes involve a neutral third party who will review your claim and make a determination on the value of your damages.
  3. Lawsuit: If negotiations and alternative dispute resolution methods fail, you may need to file a lawsuit against your insurance company to pursue your UM claim.

Statute of Limitations for Florida UM Claims

The statute of limitations for filing a UM lawsuit in Florida is generally five years from the date of the accident. However, if you are suing the uninsured at-fault driver for causing your injuries, this would be a personal injury lawsuit. In Florida, the statute of limitations for personal injury lawsuits is two years from the date of injury. It’s crucial to consult with an attorney to ensure you file your claim within the applicable deadline.

Challenges in UM Claims

  • Proving the Other Driver’s Insurance Status: Insurers may require confirmation that the at-fault driver was uninsured or underinsured at the time of the accident.
  • Disputes Over Damages: Insurance companies may dispute the extent of your injuries or argue that your medical expenses are unrelated to the accident.
  • Policy Exclusions: Some UM policies have exclusions that may lead to claim denials.
  • “Set-Offs”: Insurance companies may try to reduce your UM settlement by deducting amounts you’ve received from other sources, such as PIP or MedPay.

The Importance of Legal Representation

Filing an uninsured motorist claim in Florida can be complex. An experienced personal injury attorney can:

  • Investigate your accident and gather evidence to support your claim.
  • Negotiate with the insurance company to maximize your compensation.
  • Represent you in appraisal, arbitration, or litigation.
  • Ensure your rights are protected throughout the claims process.

Don’t Delay: Protect Your Rights Today

If you’ve been injured in an accident with an uninsured motorist in Florida, time is of the essence. Contact a qualified attorney to discuss your options and take the first step toward recovering the compensation you deserve.