When you're involved in a car accident in Florida, your first thought might be whether your insurance will cover the damages. Unfortunately, not all drivers on the road are insured, and many carry minimal coverage that may be insufficient to cover the full extent of injuries or damages caused in an accident. This is where uninsured/underinsured motorist (UM/UIM) coverage steps in. Filing a UM/UIM claim in Florida can be a complicated process, but understanding how it works can make all the difference in securing the compensation you deserve.

Understanding UM/UIM Coverage in Florida

Florida requires Personal Injury Protection (PIP) insurance, that covers up to $10,000 of medical and lost wages regardless of who is at fault. However, PIP often falls short when dealing with serious injuries. UM/UIM coverage is optional but highly suggested; it provides protection when the at-fault driver has no insurance or inadequate coverage.

Key points about UM/UIM coverage in Florida:

  • Uninsured Motorist (UM) Coverage: This will kick in when the at-fault driver has no insurance.
  • Underinsured Motorist (UIM) Coverage: This applies when the at-fault driver's liability insurance is insufficient to cover your damages.
  • Stacking Policies: Florida allows policyholders to "stack" UM/UIM coverage, which combines limits across multiple vehicles under the same policy, increasing the potential payout.

Steps For Filing a UM/UIM Claim in Florida

Filing a UM/UIM claim requires careful documentation and adherence to your policy terms. Follow these steps to make sure your claim is handled efficiently:

Report the Accident

Report the accident to your insurance company immediately. Provide details about the time, location, and parties involved.

Gather Evidence

Collect evidence, including:

Understand Your Policy

Review your insurance policy to confirm your UM/UIM coverage limits and determine the extent of your protection.

File a Claim

Process the claim with your insurance company, including all supporting documentation. Be prepared to explain why UM/UIM coverage is applicable, particularly if the at-fault driver is uninsured or underinsured.

Negotiate with the Insurance Company

Insurance companies may attempt to minimize payouts. Work with an experienced attorney if you face resistance or unfair settlement offers.

Litigation (if necessary)

If a settlement cannot be reached, you may need to pursue legal action. In Florida, you have up to five years to file a UM/UIM claim, but only two years to file a personal injury claim.

Common Challenges in UM/UIM Claims

Filing a UM/UIM claim isn't always straightforward. Policyholders may encounter several challenges, such as:

Proving the Other Driver's Insurance Status: 

Insurers often require confirmation that the at-fault driver was uninsured or underinsured at the time of the accident.

Disputes Over Damages: 

Insurance companies may argue that your medical expenses or lost wages are exaggerated or unrelated to the accident.

Policy Exclusions: 

Some UM/UIM claims are denied due to specific exclusions in the policy.

Florida-Specific Considerations

Florida is a no-fault insurance state, which means your PIP coverage pays for your injuries regardless of fault. However, if your medical expenses exceed PIP limits or you suffer permanent injuries, you can file a claim against the at-fault driver—or use UM/UIM coverage if the driver lacks sufficient insurance.

Relevant Statistics

  • According to the Insurance Research Council, nearly 20% of drivers in Florida are uninsured, one of the highest rates in the country.
  • The minimum liability coverage required in Florida—$10,000 for property damage and $10,000 for personal injury—often falls short for severe accidents.

Why UM/UIM Coverage is Essential

Without UM/UIM coverage, you may be left covering expenses out-of-pocket after an accident with an uninsured or underinsured driver. This can include:

  • Medical bills exceeding your PIP limit
  • Long-term rehabilitation costs
  • Lost wages due to inability to work
  • Pain and suffering

UM/UIM coverage acts as a safety net, making sure you're not financially devastated by another driver's lack of adequate insurance.

Tips for Strengthening Your UM/UIM Claim

Document Everything: Keep records of medical treatments, repair bills, and any communication with insurance companies.

Hire an Experienced Attorney: Florida's insurance laws are complex. A personal injury lawyer is going to negotiate on your behalf and get you the maximum compensation.

Act Promptly: Don't wait to file a claim. Reporting the accident and initiating the process quickly can prevent delays or denials.

Conclusion

Filing an uninsured/underinsured motorist claim in Florida is a critical step toward recovering damages when the at-fault driver lacks sufficient insurance. While the process can be overwhelming, understanding your rights and following the necessary steps can streamline the claim. UM/UIM coverage isn't just an add-on; it's a financial lifeline for Florida drivers navigating a road system where uninsured motorists are all too common.

Need Legal Help? Brandon J. Broderick, Attorney at Law is One Phone Call Away

Navigating Florida Car Accident Claims can be challenging. Fortunately, you don't need to do it alone. The experienced lawyers at Brandon J. Broderick, Attorney at Law, are available 24/7 to help you understand your legal options, gather necessary evidence, and build a strong case to secure the settlement you deserve. 

Contact us now for a free legal review.

Posted by: Brandon J. Bro…
Date: Tue, 12/17/2024 - 05:32

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