Uninsured Motorist Coverage in Florida: Why It Matters

Uninsured/underinsured motorist coverage (UM/UIM) is one of the most important types of automobile insurance a Florida driver can consider carrying. It can protect you when you are injured by a driver who has no bodily injury liability insurance—or not enough insurance to compensate you for your injuries.

In my personal injury practice, some of the most difficult cases I encounter involve seriously injured people who discover after an accident that the at-fault driver has little or no bodily injury insurance. When my client has adequate UM coverage, there may be another source of insurance available. When there is no UM coverage, the options can be much more limited.

Florida law does not simply require UM coverage on every policy. When a Florida motor vehicle liability policy includes bodily injury liability coverage, Florida Statute §627.727 generally requires the insurer to provide UM coverage unless the named insured makes a written rejection or selects lower limits as permitted by law. Online Sunshine

What Is Uninsured Motorist Coverage in Florida?

Uninsured motorist coverage is automobile insurance designed to protect insured people who are legally entitled to recover damages from an uninsured motorist because of bodily injury or death resulting from an accident.

Florida's uninsured motorist law is found in Florida Statute §627.727. Online Sunshine

Unlike bodily injury liability insurance—which generally protects you when you become legally responsible for injuring someone else—UM coverage can provide protection for you and other insured persons when the person responsible for the accident does not have adequate bodily injury liability insurance.

That distinction is why I believe Florida drivers should understand UM coverage before deciding whether to reject it.

What Is Underinsured Motorist Coverage?

Underinsured motorist coverage addresses a slightly different problem.

An uninsured driver generally has no applicable bodily injury liability insurance.

An underinsured driver has liability insurance, but the available limits are insufficient to compensate the injured person for the damages sustained.

Florida's UM statute treats certain inadequately insured vehicles as uninsured motor vehicles for purposes of the coverage. Online Sunshine

Example

Suppose you suffer serious injuries in a crash caused by another driver and your legally recoverable damages are substantially greater than the insurance available from that driver.

If the at-fault driver has only limited bodily injury liability coverage, your own applicable UM/UIM coverage may become an additional potential source of recovery, subject to the policy and Florida law.

This is why having insurance and having enough insurance are two very different things.

Is Uninsured Motorist Coverage Required in Florida?

This deserves a careful answer. The short version is no.

Florida Statute §627.727 generally requires an insurer issuing a motor vehicle liability policy containing bodily injury liability coverage to provide UM coverage. However, the named insured may reject UM coverage in writing or select lower limits as permitted by the statute. Online Sunshine

The statute generally provides for UM limits no lower than the bodily injury liability limits purchased by the named insured unless lower limits are properly selected. Online Sunshine

Therefore, a driver may have an insurance policy without UM coverage if it was validly rejected or no bodily injury liability coverage existed.

This makes the UM selection or rejection decision extremely important.

What Does Uninsured Motorist Coverage Pay For?

Depending on the facts, policy and applicable law, UM coverage can potentially provide compensation for damages an insured is legally entitled to recover because of bodily injury caused by an uninsured or underinsured motorist.

Potential damages can include:

• Medical expenses

• Future medical expenses

• Lost income

• Loss of future earning capacity

• Pain and suffering when legally recoverable

• Disability

• Other damages resulting from covered bodily injury

• Damages resulting from death

Florida law places requirements on the recovery of noneconomic damages such as pain, suffering, mental anguish and inconvenience in UM claims. Florida Senate

Importantly, UM bodily injury coverage should not be described as property-damage coverage. Damage to your vehicle involves other potential coverages and claims.

Why Is UM Coverage So Important in Florida?

The reason is straightforward: the insurance carried by the person who injures you may not be sufficient to compensate you.

You can control the insurance coverage you purchase for yourself. You cannot control how much insurance the driver who hits you purchased.

That distinction becomes extremely important after a catastrophic accident.

I have handled cases involving significant injuries where the at-fault party had little or no insurance available to compensate my client. Some of the most difficult conversations I have with injured people occur when the value of the injuries is substantial but there simply is not adequate insurance coverage available.

That is why I encourage Florida drivers to understand UM coverage before an accident happens, rather than discovering after a serious crash that they rejected coverage that could have protected them.

What Is Stacked vs. Non-Stacked UM Coverage?

Florida drivers may encounter both stacked and non-stacked uninsured motorist coverage.

The distinction can materially affect the coverage available after an accident.

Florida law permits insurers to offer UM coverage containing limitations applicable to multiple vehicles when the insured accepts those limitations using the required process. The statute also establishes specific rules concerning which coverage may be available depending upon the vehicle occupied and other circumstances. Florida Senate

Rather than assuming that “UM is UM,” drivers should look at their declarations page and determine:

• Whether they actually have UM/UIM coverage

• Their UM limits

• Whether the coverage is stacked or non-stacked

• Which vehicles and insured persons are covered

• Whether any exclusions or limitations apply

This is an area where policy language matters.

Can I Have UM Coverage If the Other Driver Has Insurance?

Yes.

This is precisely where underinsured motorist coverage can become important.

Florida's statute includes within its definition circumstances where the at-fault driver's bodily injury liability limits are less than the injured person's total damages. Florida Senate

So the relevant question after a serious accident isn't merely:

“Did the other driver have insurance?”

It is also:

“How much applicable insurance is actually available?”

Can I Reject Uninsured Motorist Coverage in Florida?

Yes, subject to Florida law.

Florida's statute allows the named insured to reject UM coverage in writing. The statute contains specific requirements regarding rejection and selection of lower limits. Online Sunshine

Before rejecting it solely to reduce an insurance premium, I recommend understanding what protection is being given up.

Once an accident occurs, you generally cannot go back and purchase UM coverage for that accident.

How Do I Know If I Have Uninsured Motorist Coverage?

Look at the declarations page of your automobile insurance policy.

Look for terminology such as:

Uninsured Motorist, UM, Uninsured/Underinsured Motorist, or UM/UIM.

Also look at the listed limits and whether the coverage is identified as stacked or non-stacked.

If you aren't sure what your declarations page means, ask your insurance agent or insurer to explain exactly what coverage you purchased.

Do not assume that having “full coverage” necessarily means you have uninsured motorist coverage.

How Much Uninsured Motorist Coverage Should I Carry?

There isn't one appropriate amount for every driver.

Factors can include your available bodily injury liability limits, assets, income, family circumstances, other insurance and the amount of financial protection you want following a serious accident.

What I do recommend is making the decision knowingly.

Ask your licensed insurance agent what UM options are available, what the limits mean, whether the coverage is stacked or non-stacked, and what the premium difference would be.

For many people, the important question isn't simply:

“How much does UM coverage cost?”

It is:

“What would happen to me and my family if I were seriously injured by someone who didn't have enough insurance?”

My Perspective as a Florida Car Accident Lawyer

In my practice, I have seen serious accident cases in which the at-fault person had little or no insurance available and my client did not have applicable uninsured motorist coverage. The injuries do not become less serious because the available insurance was inadequate. What changed was the potential source from which compensation could be recovered and the amount recovered. This can mean the difference in being the victim and owing hundreds of thousands of dollars in medical bills to having all medical expenses paid for and being compensated for your injuries.

This experience is why I believe uninsured motorist coverage is the most important automobile coverage a Florida driver should understand.

Florida Uninsured Motorist Coverage FAQs

Does uninsured motorist coverage cover hit-and-run accidents?

Generally yes. Whether UM coverage applies depends on the circumstances of the accident, the policy and Florida law.

Does UM coverage apply when the other driver has insurance?

It can. If the at-fault driver's applicable bodily injury liability coverage is insufficient relative to the damages sustained, underinsured motorist coverage may become relevant. Florida Senate

Is UM the same as PIP?

No. PIP and uninsured motorist coverage are different coverages with different purposes. Florida's UM statute specifically provides that UM coverage is over and above, without duplicating, certain benefits including PIP benefits. Online Sunshine

Is UM the same as collision coverage?

No. Collision coverage generally concerns physical damage to a covered vehicle. UM bodily injury coverage concerns damages arising from covered bodily injury caused by an uninsured or underinsured motorist.

Can I reject UM coverage in Florida?

Yes. Florida law allows a named insured to reject UM coverage in writing, subject to the requirements of Florida Statute §627.727. Online Sunshine

Where can I read Florida's uninsured motorist law?

Florida's uninsured and underinsured motorist statute is Florida Statute §627.727.

Read Florida Statute §627.727

Injured by an Uninsured or Underinsured Driver in Florida?

If you were injured in a Florida car accident and have questions about available insurance coverage, The Law Office of Logan T. Lawrence can review the circumstances of the accident and the potentially applicable insurance policies.

Free consultation: (352) 222-4460

About the Author

Logan T. Lawrence, Esq. is a Florida personal injury attorney and founder of The Law Office of Logan T. Lawrence. He represents people injured in car accidents and other personal injury matters throughout Florida and provides clients direct access to the attorney handling their case.

This article provides general information about Florida law and automobile insurance and is not legal advice. Insurance coverage depends on the applicable policy, facts and law.