What to Do After an Accident With an Uninsured Driver in Florida
If the person at fault in an accident has no insurance in Florida, some options include filing a personal injury lawsuit or a property damage claim.
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Written byJess Ullrich
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Más de 10 años escribiendo sobre seguros y finanzas personales
Ex editora asociada de finanzas de Investopedia
Jess es experta en seguros, banca y otros temas de finanzas personales. Sus artículos han aparecido en numerosos medios de comunicación web, como Investopedia.
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Edited byLequita Westbrooks
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Lequita Westbrooks is a Senior Editor at Insurify. With extensive experience in writing and editing across industries like insurance, personal finance, higher education, and more, she’s passionate about helping readers understand complex topics so they can make informed financial decisions and save money.
Outside of work, Lequita enjoys reading and spending time with her family (and two pups: Bella and Simba).
She holds a bachelor’s degree in English from the University of South Florida.
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Table of contents
Florida law requires drivers to carry personal injury protection (PIP) and property damage liability car insurance, but that doesn’t mean everyone on the road has adequate coverage — or any coverage.
Nearly 1 million drivers in Florida are uninsured, according to the Florida Department of Highway Safety and Motor Vehicles.[1] If you get into a car accident with an uninsured motorist, Florida’s no-fault system may complicate matters further.
Here’s what happens if the person at fault in an accident has no insurance in Florida, and how to handle this situation.
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Understanding Florida’s no-fault system
Florida is among 12 U.S. states with a no-fault system for car insurance. Under a no-fault system, each driver involved in a car accident makes a claim with their insurance company for damages, no matter who caused it.
Your insurance company will compensate you for your medical bills and other damages. Drivers in no-fault states have limited rights to sue other drivers and can only do so if their case meets certain conditions, such as permanent injury.
At-fault, or tort, systems operate differently. In this type of system, the at-fault driver’s insurance company pays the other driver for damages and losses.[2]
What to do after an accident with an uninsured driver
If you’re in a car accident with an uninsured or underinsured driver, here’s how to handle the situation:
Seek medical attention if needed. If a car accident injures you, it’s important to contact law enforcement and seek medical attention as soon as possible. Let the dispatcher know you’ve been in an accident and request that an ambulance and the police come to the scene.
Exchange insurance information. Exchange your insurance and contact information with the other driver. Ask for their name, phone number, and email address. Don’t accept offers of payment if they have no insurance coverage.
File a police report. When the police arrive, discuss the accident with them. Provide details of the crash and your contact information. Ensure the other driver provides their information as well. Ask the police to file a report.
Contact an attorney. You’ll also want to speak with an attorney to discuss your options if the other driver has no insurance or inadequate coverage. They’ll advise you on your best path forward.
Your legal options in a no-fault state
You have fewer legal options in a no-fault state than in a full or limited-tort state. That’s because the no-fault system reduces car accident lawsuits.
But you could still have legal recourse if an uninsured or underinsured driver hits you. This is especially true if you’re seriously injured in a car accident. But given the complex nature of legal action in a no-fault state — especially when it comes to underinsured or uninsured drivers — it’s best to discuss your options with an attorney.
Personal injury lawsuit
A personal injury lawsuit involves suing another party if an uninsured driver harms you in a car accident and your PIP insurance doesn’t cover all the costs. But this option may only be viable if the uninsured driver has adequate assets.
If they don’t have money or other assets, it might not be worth taking legal action. But an attorney can advise you.
Property damage claim
Suppose the insurance company finds the other driver at fault in an accident, and that driver has property damage liability insurance. In that case, they can file a claim with their insurance company to help cover repairs to your vehicle.
Drivers must carry at least $10,000 of property damage liability coverage by law. But your options may be more limited if the at-fault driver doesn’t have this coverage. Contact an attorney to discuss the best way forward.
Settlement negotiation
It’s possible to work with an attorney on a settlement negotiation as well, provided the other party doesn’t have adequate car insurance coverage. Settlement negotiation involves working with an attorney to get compensation from the other driver for injuries and damages.
Unfortunately, this option may be off the table if the other party is uninsured or underinsured.
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What coverages can pay for an accident with an uninsured driver?
Certain car insurance coverages can pay for your auto repairs and medical expenses following a car accident with an uninsured driver. Here’s what to know about coverage options and how each helps:
Personal injury protection coverage
Your PIP insurance — also called no-fault insurance — can cover your healthcare costs if another driver hurts you in an accident, regardless of driver liability. The state of Florida requires this coverage.
Uninsured/underinsured motorist coverage
Uninsured/underinsured motorist coverage is an optional coverage that can help if a driver with inadequate insurance hits you. Uninsured motorist bodily injury coverage can pay for your medical expenses, while uninsured motorist property damage coverage can pay for your car repairs. Uninsured motorist coverage is optional in Florida.
Collision coverage
Collision insurance can also cover the cost of your car repairs, no matter who’s at fault in an accident. This is optional in Florida.
Comprehensive coverage
Comprehensive insurance doesn’t protect you if you’re in an accident, but it can protect your car if someone vandalizes or steals it. This is optional in Florida.
Consequences of driving uninsured in Florida
The state of Florida requires car insurance. Per Florida law, drivers need at least $10,000 in PIP coverage and $10,000 in property damage liability insurance.
If authorities catch you driving without insurance, potential consequences include:
Lawsuit: If you’re responsible for a car accident and don’t have adequate insurance coverage, the other driver could sue you. This is especially true if the accident seriously injures them. You’ll be responsible for legal costs and damages if the lawsuit is successful.
Suspension of license and registration: Florida can suspend your driver’s license and plates for up to three years if you fail to maintain a proper insurance policy.
Fees: If authorities catch you driving without insurance and suspend your license, you may need to pay a reinstatement fee of up to $500.
Insurance issues: A gap in insurance coverage could make it more difficult to get an auto insurance policy in the future. Some insurance companies may be unwilling to issue you a policy or will charge you higher premiums.
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Learn More: Florida’s Car Insurance Requirements
Accident with uninsured motorist FAQs
If you have questions related to an accident with an uninsured motorist in Florida, check out the additional information below. The state’s no-fault system makes things a bit more complicated, so if you have specific concerns you should speak with an attorney.
Can you sue an uninsured driver in Florida?
Yes. You can sue uninsured motorists in Florida, but it may not be worth it. If the uninsured driver has few assets, you’re unlikely to get much — if any — compensation following a lawsuit. Discuss your options with an attorney if you’re considering litigation.
What happens if you have no insurance but the other driver was at fault in Florida?
If you have no insurance but the other driver was at fault in a Florida accident, their property damage liability coverage may compensate you for car repairs. But in a no-fault system, your PIP coverage pays for your medical expenses. Absent this, you could be on the hook for medical bills if another driver injures you in the accident.
What happens if you don’t have enough insurance to cover an accident in Florida?
You may need to pay out of pocket for your medical bills and car repairs if you don’t have enough car insurance to pay for an accident in Florida. If the other party is the at-fault driver and their property damage liability insurance doesn’t cover your car repairs, you may also be on the hook for those costs.
Who pays for car damage in Florida?
If a car accident damages your vehicle in Florida, your collision insurance will pay for your car repairs, no matter which driver is at fault. Remember that collision coverage is optional in Florida, though. The other driver’s property damage liability coverage may also pay for repairs to your car if the insurance company finds the other driver responsible for the accident.
Sources
- Florida Department of Highway Safety and Motor Vehicles. "Uninsured Motorist Rate."
- III. "Background on: No-fault auto insurance."
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Jess UllrichInsurance Writer
Jess is a personal finance writer who's been creating financial and business content for over a decade. Her work is published on Investopedia, MoneyWise, NextAdvisor, The HuffPost, and more. Prior to freelancing full-time, Jess was an editor at Investopedia, The Balance, and FinanceBuzz. Connect with her on LinkedIn.
Jess has been a contributor at Insurify since September 2022.
Lequita Westbrooks is a Senior Editor at Insurify. With extensive experience in writing and editing across industries like insurance, personal finance, higher education, and more, she’s passionate about helping readers understand complex topics so they can make informed financial decisions and save money.
Outside of work, Lequita enjoys reading and spending time with her family (and two pups: Bella and Simba).
She holds a bachelor’s degree in English from the University of South Florida.