How to Handle a Car Accident When the Other Driver Is Uninsured or Underinsured

Being involved in a car accident is stressful, but finding out that the at-fault driver has little or no insurance coverage can add uncertainty. Unfortunately, this is a scenario many Florida drivers face. Even though Florida law says every driver should have insurance, the truth is, many people either don’t have any at all or only carry the bare minimum—leaving you stuck with bills their policy won’t come close to covering.

At Kemp Law, we’ve seen firsthand how these cases can impact victims and their families. The good news? You still have options. Here’s what you need to know if anuninsured or underinsured driver hits you in Florida.

Understanding Florida’s Insurance Requirements

Florida is a “no-fault” state, meaning that your insurance typically covers your medical bills and certain other losses after a car accident, no matter who was at fault. This is done through Personal Injury Protection (PIP), which is mandatory for all Florida drivers and covers up to $10,000 in medical and lost wage expenses.

But what happens when your damages exceed what PIP covers, and the at-fault driver has no insurance or just the bare minimum? That’s when things get more complicated.

What is Uninsured/Underinsured Motorist Coverage?

One of the best protections you can have in these situations is Uninsured/Underinsured Motorist (UM/UIM) coverage, which is optional in Florida. If you purchased this type of coverage, it can help pay for:

• Medical expenses beyond PIP limits
• Lost wages
• Pain and suffering
• Future medical treatment
• Funeral costs (in the event of a fatal crash)

UM/UIM coverage can step in when the other driver has no insurance at all or doesn’t have enough coverage to pay for the damages they caused. Unfortunately, many drivers decline this coverage—often to save money on premiums—without realizing how vital it can be.

Steps to Take After the Accident

If you’re in an accident and suspect the other driver is uninsured or underinsured, here’s what to do:

• Call the police and file an accident report: This documentation is essential, especially if the other driver lacks proper coverage.
• Seek medical attention immediately: Injuries often appear hours or days later, even if you feel fine. Your PIP benefits can help cover early treatment.
• Notify your insurance company: Report the accident as soon as possible and let them know you may need to rely on UM/UIM coverage.
• Do not accept a quick settlement: Insurance companies may try to offer you a lowball amount. Consult with an attorney before signing anything.
• Contact an experienced personal injury attorney: At Kemp Law, we can help you understand your rights, review your policy, and determine how best to move forward with your claim.

What If You Don’t Have UM/UIM Coverage?

You may still have legal options if you declined UM/UIM coverage. For instance, it may be possible to personally file a lawsuit against the at-fault driver. However, this route can be challenging, especially if the driver lacks the assets to cover your damages.

That’s why it’s so important to have someone experienced in your corner. We’ll take a close look at every possible way to help you recover—whether that means finding others who may share responsibility or seeing if your own insurance could step in to help.

Don’t Navigate This Alone

Getting hit by an uninsured or underinsured driver can turn your life upside down—physically, emotionally, and financially. At Kemp Law, we don’t think you should have to pay the price just because someone else didn’t do the right thing.

Our team is here to guide you through every step of the claims process and fight for the compensation you deserve. With seven offices across the Tampa Bay area and a team of skilled car accident attorneys, we make it easy to get the legal help you need, right where you are.

Schedule your free consultation online or by calling (727) 788-6792 to speak with an attorney who truly cares about your case and future.