Reports | July 14, 2025 | Car Accidents

You’ve just been hit by another driver, and now you’ve learned they don’t have insurance. You’re sitting there hurt, frustrated, and wondering what happens next. The pain is one thing, but the uncertainty about medical bills, lost work, and the future makes everything harder to process.

You’re not alone in asking: Who’s going to cover my expenses? How will I get the care I need? These are the exact questions we hear from people dealing with uninsured driver injury claims. Finding out the at-fault driver has no insurance feels like a door slammed shut before you even got a chance to figure things out.

But fortunately, you do have options. And you may be able to recover far more than you think. While the system can be confusing, especially when you’re already hurting, we’re here to walk you through it and explore your best legal options for recovering fair compensation. 

 

Key Takeaways

  • Uninsured drivers are more common than many realize, leaving many victims wondering who will cover their damages.
  • Most states, including Florida, offer protections through personal insurance policies like UM/UIM coverage.
  • No-fault states like Florida require personal injury protection (PIP), but this only covers limited expenses.
  • Health insurance and MedPay can provide additional support for injury-related expenses.
  • Victims may also seek compensation through third parties, depending on the case facts.
  • If you were injured by an uninsured driver, an experienced legal team can fight to maximize your recovery.

Table of contents

Florida’s Uninsured Driver Problem

Across the U.S., approximately one in eight drivers is uninsured, according to the Insurance Research Council. But in Florida, the numbers are even more alarming. More than 20% of drivers in the state are uninsured, ranking it among the top five worst states for uninsured motorists. 

That means roughly one out of every five vehicles around you could be driven by someone who has no coverage at all.

This is more than just a statistic. It’s a daily reality for Floridians who do everything right and still find themselves footing the bill after a crash caused by someone else’s negligence. Some drivers willfully ignore the law, while others let their policies lapse due to cost. Either way, the outcome is the same: you’re left holding the bag unless you’ve taken steps to protect yourself.

What To Do After the Accident

If you’re reading this, chances are you’ve already received medical attention, or you’re undergoing treatment. That’s good. But if you haven’t seen a doctor yet, don’t wait. Injuries from car accidents don’t always show up right away, and insurance companies often use delays in treatment as a reason to minimize or deny claims. Even a simple visit to urgent care creates an important medical record that supports your case.

Once you’ve addressed your immediate health concerns, there are several important steps to protect your right to compensation:

  • Hire a lawyer – An attorney who handles uninsured driver claims can step in early to protect your interests, deal with the insurance companies, and help preserve valuable evidence.
  • Keep every medical appointment – Missing follow-ups or physical therapy sessions can harm your recovery and your case. Insurers look for gaps in treatment to downplay the severity of your injuries.
  • Document your experience – Start a journal or video diary. Write down your pain levels, emotional challenges, sleep disruptions, and how your injuries are impacting daily life. This can be powerful evidence when it’s time to negotiate a settlement.
  • Preserve evidence – Save all receipts, prescriptions, medical records, and any communication from insurance companies or medical providers.
  • Limit what you share – Don’t post about the accident or your injuries on social media. Insurers often look for online content that contradicts your claim.

Florida’s No-Fault Insurance (And Its Limits)

Florida is a no-fault insurance state, which means that after a car accident, your own insurance pays for your medical bills and lost wages, regardless of who caused the accident. This coverage is known as Personal Injury Protection (PIP).

PIP typically covers:

  • 80% of medical expenses up to $10,000
  • 60% of lost wages
  • $5,000 in death benefits

But PIP has serious limitations. It doesn’t compensate for pain and suffering or the full extent of economic damages if your injuries are severe. If you need surgery, long-term care, or rehabilitation, your expenses can quickly exceed the PIP limit.

The Role of Uninsured Motorist (UM) Coverage

This is where uninsured motorist injury claims come in. If you purchased Uninsured/Underinsured Motorist (UM/UIM) coverage, you can turn to your own policy for help. UM coverage steps in when the at-fault driver has no insurance at all, while UIM covers the gap when their policy is insufficient.

UM/UIM coverage can help pay for:

  • Medical bills beyond what PIP covers
  • Lost wages and reduced earning capacity
  • Pain and suffering
  • Permanent disability or disfigurement

In Florida, insurers are required to offer UM coverage when you buy your policy, though you’re allowed to decline it in writing. If you’re reading this after a crash, check your policy. Many drivers don’t realize they have this coverage until they need it.

Can You Sue an Uninsured Driver?

Technically, yes—you can file a personal injury lawsuit against an uninsured driver. But there’s a big catch: many uninsured drivers have few assets to collect, which is often why they didn’t have insurance in the first place.

Still, some situations justify legal action. If the driver has real assets (property, savings, or a job with garnishable wages), a court judgment could help you recover compensation. But it can be a long road—and one that may not always be financially worthwhile.

An experienced attorney can evaluate whether a lawsuit is worth pursuing or if other options offer a better path forward.

Health Insurance and MedPay

Your health insurance might help cover some of your accident-related expenses. However, many policies require you to exhaust PIP first. Additionally, any compensation you later receive from UM coverage or a lawsuit could be subject to a lien by your health insurer.

Some drivers also carry Medical Payments (MedPay) coverage. Unlike PIP, MedPay isn’t mandatory in Florida, but it can cover co-pays, deductibles, and other expenses not covered by your health insurance or PIP.

Other Potential Sources of Compensation

Depending on the facts of your case, there may be other parties who share liability. For example:

  • If the at-fault driver was working at the time of the crash, their employer might be responsible.
  • If a defective car part contributed to the accident, the manufacturer may be liable.
  • If poor road design or maintenance played a role, a government agency could be at fault.

Identifying third-party defendants takes investigative work, but it can significantly expand your recovery options. Attorneys have the resources to examine every angle and determine if someone else should also be held accountable.

Comparative Negligence and Shared Fault

Many accident victims are surprised to learn that their compensation can be reduced if they’re partially at fault for the crash. Every state handles this differently, using either contributory negligence, pure comparative negligence, or modified comparative negligence rules.

Florida, for example, follows a modified comparative negligence rule with a 51% threshold. That means you can still recover damages as long as you were not more than 50% at fault. However, your compensation will be reduced by your percentage of fault. This becomes especially important in cases involving uninsured drivers, where your own insurer may challenge your level of fault to reduce the payout.

Insurance Companies Minimize Your Compensation

Filing an uninsured motorist injury claim isn’t just about filling out forms; it could be the start of a dispute for damages and a battle for your rights. Even your own insurance company, the one you’ve faithfully paid for years, may push back against your claim. They might try to downplay your injuries, question your treatment, or claim you were partially at fault just to reduce what they owe. Insurance adjusters are trained to protect company profits, not make you a fair deal.

This can be extremely frustrating when the at-fault driver has no insurance. You’re just trying to recover, but it’s as if you’re being victimized twice. Having an experienced car accident attorney to challenge the insurer’s tactics can make a huge difference in both the timeline and amount of your settlement.

What if the At-Fault Driver Fled the Scene?

Hit-and-run accidents present another scenario involving uninsured drivers. Since the at-fault party can’t be identified, there’s no way to verify if they had insurance or to pursue them legally. In these cases, uninsured motorist coverage is often the only path to recovery beyond PIP.

You should report the incident to both the police and your insurer immediately. A police report will serve as key documentation, and your insurance company will typically investigate the hit-and-run just like any other accident. In Florida, you may be required to notify your insurer within 30 days to access UM benefits in hit-and-run cases, so act quickly.

How Long Do You Have to File a Claim?

The time limit for filing injury claims depends on the type of claim and the state where the accident occurred. This deadline is known as the statute of limitations.

In Florida, the statute of limitations for personal injury claims is two years from the date of the accident, as revised under Florida Statutes § 95.11(4)(a). If you miss this deadline, you may lose your right to seek compensation altogether—even if your claim is strong.

UM claims may have separate deadlines, typically outlined in your insurance policy. Some require notice of the claim within a specific time frame, often 30 days after the accident. Always check your policy language carefully.

Should You Settle or Take Your Claim to Court?

Most uninsured motorist injury claims settle outside of court. However, settlement isn’t always the best option if the offer doesn’t reflect the full extent of your damages. You’re entitled to compensation not just for medical bills, but also for future care, lost earning potential, and non-economic damages like pain and suffering.

Litigation becomes more likely when the insurance company disputes liability, undervalues your claim, or delays the process. An attorney can assess the strength of your claim, negotiate on your behalf, and take the case to trial if needed.

What if the Accident Wasn’t in Your Home State?

If you were injured in another state by an uninsured driver, things can get tricky. You may need to file a claim using your own UM coverage, and the laws of the state where the accident occurred will apply.

This affects everything from PIP benefits to liability rules. For instance, some states follow pure comparative negligence, while others use strict contributory negligence. A lawyer familiar with multi-jurisdictional claims can help you understand your options and ensure you meet the correct filing deadlines.

How a Personal Injury Lawyer Helps

An experienced personal injury lawyer can evaluate all available paths to compensation. This includes your PIP benefits, UM/UIM coverage, health insurance, and potential third-party claims. They handle communication with the insurance companies, safeguard your rights, and fight for a full and fair settlement.

Most importantly, they take the pressure off your shoulders so you can focus on your recovery. When the driver who hit you lacks insurance, the system can feel stacked against you. But with the right legal guidance, you can level the playing field.

Call Our Florida Personal Injury Lawyers for a Free Case Review Today

If you’ve been injured by an uninsured driver, you’re likely facing unexpected medical bills, time off work, and uncertainty about the future. You shouldn’t have to pay the price for someone else’s negligence. Let our team help.

At Steven A. Bagen & Associates, P.A., we’ve spent more than 40 years fighting for Florida’s injured—and we know how to handle uninsured motorist injury claims from start to finish. With a 99% success rate, hundreds of millions recovered, and recognition from Super Lawyers and the American Trial Lawyers Association, we’re the team Florida drivers trust when everything is on the line.

We offer free consultations 24/7—by phone, video, or in person—and there’s never a fee unless we win your case. Whether you’re in Gainesville, Ocala, or anywhere in North Central Florida, our dedicated legal team is here for you.

Call (800) 800-2575 or contact us online to get started. We’ll take the time to listen, explore your best options, and clear a path forward.