Is It Worth Suing an Uninsured Driver in Florida?

Steven A. Bagen | August 13, 2025 | Uncategorized

In most cases, suing an uninsured driver directly is not a productive path to recovering your losses. A successful lawsuit only gives you a piece of paper—a judgment—but it doesn’t create money where there is none. The real goal, after all, isn’t winning a case; it’s collecting the compensation you need to pay for medical care, cover lost wages, and repair your life. Most drivers without insurance lack the personal assets to satisfy a judgment.

Instead of asking if you can sue the driver, the more effective question is: “What sources of recovery are available to me?” The answer is found in a place you might not expect: your own auto insurance policy.

If you were hit by an uninsured driver, call Steven A. Bagen & Associates, P.A. now for a free consultation. We’ll review your policy and explain your options. Call (800) 800-2575.

Why Suing an Uninsured Driver Is Often a Dead End

Imagine trying to draw water from an empty well. You can lower the bucket again and again, but you will never get what you need. 

Suing a driver with no assets is much the same. You cannot collect money from someone who doesn’t have it. The reality is that most people who drive without insurance do so because they cannot afford it, which usually means they also lack significant assets like savings, investments, or property that could be used to pay a legal judgment.

The Real Solution: Unlocking Compensation Through Your Own Insurance Policy

The most reliable path to compensation after being hit by an uninsured driver leads back to your own insurance policy. The lifeline you may already have is called Uninsured/Underinsured Motorist (UM/UIM) coverage.

What is Uninsured Motorist (UM) Coverage?

UM coverage is insurance you buy to protect yourself from drivers who have no insurance. It is designed for this exact situation. When the at-fault driver has no bodily injury liability coverage, your UM coverage steps into their shoes to pay for your damages. While this coverage is not mandatory, Florida law requires insurers to offer it, and you must reject it in writing if you choose not to purchase it.

What is Underinsured Motorist (UIM) Coverage?

This coverage applies when the at-fault driver has insurance, but their policy limits are too low to cover the full extent of your injuries. For instance, if your medical bills and lost wages total $100,000 but the at-fault driver only has a $25,000 policy, your UIM coverage can help cover the remaining $75,000. 

What Does UM/UIM Coverage Actually Pay For?

UM and UIM coverage is designed to make you whole again financially and physically. It provides compensation for a wide range of damages that you generally cannot recover from your basic Personal Injury Protection (PIP) policy.

This covers:

• Medical Bills: This includes everything from the initial emergency room visit and hospital stays to surgeries, ongoing physical therapy, and prescription medications. It covers not just what you have already paid, but what you will need for future medical care.
• Lost Wages: If your injuries prevent you from working, this coverage compensates you for the income you’ve lost.
• Loss of Future Earning Capacity: For severe injuries that permanently affect your ability to do your job or earn a living, this provides compensation for that long-term financial loss.
• Pain and Suffering: It provides compensation for the physical pain, emotional distress, and loss of enjoyment of life that the accident and your injuries have caused.

What If I Don’t Have UM Coverage? Exploring Every Other Avenue

Discovering you don’t have UM coverage after an accident doesn’t mean you are out of options. The situation is more challenging, but we are committed to exploring every other possible avenue for recovery.

Personal Injury Protection (PIP)

Your first line of defense is your own Personal Injury Protection (PIP) coverage. Florida’s no-fault law requires every driver to carry a minimum of $10,000 in PIP. This coverage pays for 80% of your medical bills and 60% of your lost wages, regardless of who was at fault for the accident. However, for any serious injury, this $10,000 limit is usually exhausted with just a single trip to the emergency room.

Health Insurance

Your personal health insurance can step in to cover medical bills that exceed your PIP coverage. However, you will still be responsible for paying any deductibles and co-pays out of your own pocket. Furthermore, health insurance provides no compensation for other losses, such as lost wages or your pain and suffering.

Other Liable Parties (The “Hidden Pocket”)

A thorough investigation sometimes uncovers other parties who share responsibility for the accident. This is called finding a “hidden pocket” of insurance coverage.

• Was the uninsured driver on the clock for their job? Their employer’s commercial insurance policy may be responsible.
• Did a vehicle malfunction, like brake failure, contribute to the crash? The vehicle or parts manufacturer could be liable.
• Was a dangerous road condition, such as a missing stop sign or a poorly designed intersection, a factor? A government entity might share in the liability.

Our firm conducts a meticulous investigation into the circumstances of every case to identify any and all potential sources of recovery for our clients.

The Path Forward Starts with a Phone Call, Not a Lawsuit

You are not out of options, and you are not alone. The most effective path forward usually begins not with filing a lawsuit against an individual, but with a careful review of the insurance protections you already have in place.

Let our firm handle the insurance companies. Let us manage the paperwork, the deadlines, and the negotiations. Your energy is best spent on your health, your recovery, and your family.

Contact Steven A. Bagen & Associates, P.A. to get clarity on your situation. We will review your case for free and lay out your options in plain English. Call us at (800) 800-2575 or fill out our online form to get started.

Frequently Asked Questions About Uninsured Motorist Claims

Will my insurance rates go up if I file a UM claim in Florida?

Florida law generally prohibits insurance companies from raising your rates or canceling your policy for filing a claim for an accident that was not your fault, and this protection includes UM claims. You pay for this coverage to protect you in this exact scenario, and you should not be penalized for using it.

How long do I have to file a lawsuit related to a UM claim in Florida?

The statute of limitations for filing a lawsuit against your own insurance company over a UM claim is typically five years from the date of the accident. This is because the claim is based on your insurance contract. However, you must notify your insurance company of the accident and your intent to make a claim much, much sooner. It is critical to act quickly to preserve your legal rights.

What if the uninsured driver fled the scene (a hit-and-run)?

Your UM coverage is specifically designed to cover hit-and-run accidents. As long as there was some physical contact from the phantom vehicle, you can file a claim under your UM policy to cover your injuries, even if the at-fault driver is never identified.

Does UM cover damage to my car?

In Florida, standard UM coverage is for bodily injury. Damage to your vehicle is typically covered by your own collision insurance. If you do not have collision coverage, recovering the costs to repair or replace your car is very difficult when the at-fault driver is uninsured and has no assets.