What to Do After a Crash With an Uninsured Driver in Florida
If the at-fault driver has no insurance, your own coverage, Florida’s no-fault rules, and possible legal action determine how you get paid.
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Written byAmy Beardsley
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Amy BeardsleyFreelance Insurance and Real Estate Writer
3+ years writing about auto, home, and life insurance
7+ years in personal finance and technology
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Edited byMacKenzie Korris
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MacKenzie KorrisLicensed P&C Agent, Insurance Copy Editor
Licensed property and casualty insurance agent
10+ years editing experience
NPN: 21630969
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Reviewed byDavid Marlett
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David MarlettAdvisor
25 years teaching risk management and insurance course
Former commercial lines underwriter
Updated
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What happens if the at-fault driver has no insurance in Florida?
In Florida, your own insurance usually steps in first if the at-fault driver has no insurance. The state requires Florida drivers to have personal injury protection (PIP) and property damage liability (PD) coverage.[1] Your PIP pays toward your medical bills, no matter who caused the car accident.
If you also have uninsured/underinsured motorist (UM/UIM) coverage, it adds another layer of protection if your medical costs exceed what PIP covers.
For vehicle damage, the at-fault driver’s PD coverage normally pays for your car repairs. But since this driver is uninsured, your own collision coverage, if you have it, can cover the cost instead.
What to do first
If you get into an accident with an uninsured driver and anyone has injuries, call 911. Here’s what to do next:[2]
Stay at the scene of the accident.
Get the other driver’s name and contact info, even if they have no insurance.
Call law enforcement if the crash caused an injury, death, or at least $500 in damage.
What to do after an accident with an uninsured driver in Florida
After a crash with an uninsured driver, taking a few steps can help you recover costs later:
Seek medical attention if needed. Call 911 if anyone is hurt, and assist anyone who’s injured.[3]
Exchange information. Get the other driver’s name and contact details, and share yours as well.
File a police report. Florida requires a crash report when an auto accident causes injury, death, or at least $500 in damage.
Get a copy of the crash report. You, your insurer, or your attorney can request a copy of the crash report from the Florida Department of Highway Safety and Motor Vehicles (FLHSMV) after law enforcement files it.
Notify your insurance company. Let your insurer know about the car accident and that the other driver was uninsured.
Contact an attorney. A free consultation with a Florida car accident attorney can help you understand your legal options.ons if the other driver has no insurance or inadequate coverage. They’ll advise you on your best path forward.
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Who pays after an accident with an uninsured driver in Florida?
Your own insurance usually pays for your losses after a crash with an uninsured driver, though it may not cover everything. Here’s how different car insurance coverages work in certain situations:
Scenario | Who Pays for Damages and Injuries |
|---|---|
| You have UM/UIM coverage | Your UM/UIM can pay for your injuries. |
| You have collision coverage | Your collision coverage can pay to repair or replace your car. |
| You have PIP or medical payments coverage (MedPay) | Your PIP covers your medical costs and lost wages. MedPay can also help cover medical or funeral costs. |
| You only have liability coverage | You may have PIP coverage for some medical costs, but you likely don’t have coverage for your own vehicle damage unless you bought collision insurance. |
| You sue the uninsured driver | A court judgment may require the other driver to pay you. |
Going through your insurance is usually a more reliable way to get compensation than filing a lawsuit against an uninsured driver.
What insurance covers an uninsured driver accident?
Several coverages may help after a crash with an uninsured driver. Here’s what each covers and whether Florida requires you to have it:
Coverage Type | What It Covers | Required in Florida? |
|---|---|---|
| Personal injury protection (PIP) | Medical expenses, regardless of fault | Yes, at least $10,000 |
| Medical payments coverage (MedPay) | Medical expenses beyond PIP for you and your passengers | No |
| Uninsured/underinsured motorist (UM/UIM) | Injuries caused by a driver with no or too little insurance | No |
| Property damage liability (PD) | Damage you cause to someone else’s property | Yes, at least $10,000 |
| Collision | Repairs or replacement for your vehicle | No, but lenders may require it |
| Comprehensive | Non-collision losses, like theft, fire, flood, or hitting an animal | No, but lenders may require it |
Is Florida a no-fault or at-fault state?
Florida is a no-fault car insurance state. That means two things if you’re in a crash with an uninsured driver.
First, your own insurance is the one that covers your medical costs, not the at-fault driver’s. Even if that driver has no insurance at all, your PIP still has to cover your bills. You don’t have to wait for a claim against them first.
Second, Florida limits when you can sue for pain and suffering. That’s only an option if your injury falls into a serious category, like permanent injury, significant scarring, or death.
Fault still matters for costs that PIP coverage doesn’t pay, such as damage to your car. This is part of why the coverages you already have, like UM/UIM and collision, matter so much when the at-fault driver has none.
Consequences of driving uninsured in Florida
If you’re caught driving without Florida’s required coverage, here’s what you could be facing:
Lawsuit: If you cause a crash without insurance, the other driver can sue you for their losses.
License and registration suspension: The FLHSMV can suspend your license and registration just for not having the required PIP and PD coverage.
Reinstatement fees: You’ll pay a license reinstatement fee ranging from $150 to $500, depending on the violation.
FR-44 and security deposits: If your crash caused an injury, you may need to file an FR-44 certificate and maintain liability coverage for three years to keep driving legally.
Insurance issues: Going without coverage can make you appear to be a high-risk driver to insurers.[4] It could lead to higher premiums or fewer coverage options in the future.
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Can you sue an uninsured driver in Florida?
In certain situations, Florida insurance laws allow you to sue an at-fault driver, whether or not they’re insured. You may consider a lawsuit if your losses are higher than your PIP policy limit or your collision insurance doesn’t cover your car repair. You may also consider this option if the driver caused damage that your insurance policy won’t pay for.
But suing isn’t always the most effective way to get paid. Even with a judgment in your favor, collecting payment can take more time and effort than working through your insurance company.
Personal injury lawsuits
If you sue for a personal injury, you’re typically seeking one of two things: pain and suffering, or medical bills and lost wages beyond your PIP limit.
A pain and suffering lawsuit requires your injury to be permanent or life-altering under Florida’s legal definition, not just painful or inconvenient. If you clear that bar and win, the uninsured driver personally owes you the judgment, since there’s no insurance company to cover it.
Property damage claims
A property damage claim covers repairs to your car and anything else damaged in the crash. Florida law says every driver, insured or not, is financially responsible for at least $10,000 in damage they cause to other people’s property. When facing an uninsured driver, you’d need to go after the at-fault driver directly for repair costs.
Settlement negotiations
Sometimes the at-fault driver offers to settle directly, and you get to decide whether to take the deal. But if your own insurance company already covered some of your costs, check with your insurer or an attorney first.
Your insurer may have subrogation rights, meaning it could be entitled to reimbursement from your settlement if it already paid some of your claim. Check with your insurer or an attorney before signing anything, as it could cost you later.
When suing might not be worth it
Florida lets an at-fault driver set up a repayment agreement directly with you, but the state won’t step in to enforce it if they don’t pay. You’d be the one taking the dispute to court.
And even then, winning doesn’t guarantee you’ll get paid quickly. If the uninsured driver has few assets or limited income, you may spend time and money on a lawsuit without recovering much.
Accident with an uninsured motorist in Florida FAQs
Here are answers to common questions about what happens when you’re in a Florida car accident with an uninsured driver.
Can you sue an uninsured driver in Florida?
Yes. Florida law lets you sue an at-fault driver, even if they have no insurance. This usually applies to serious injuries or costs that go beyond what PIP covers.
What happens if you have no insurance but the other driver was at fault in Florida?
Not having Florida’s required minimum insurance coverage puts you at risk of license and registration suspension and fees. Since the other driver caused the crash, you can pursue them for your losses.
What happens if you don’t have enough insurance to cover an accident in Florida?
If your auto insurance coverage doesn’t fully cover your car accident costs, you’re responsible for the difference. You may be able to recover that amount from the at-fault driver, though there’s no guarantee of payment.
Who pays for car damage in Florida?
In Florida, car damage is fault-based. That means the at-fault driver’s liability insurance usually pays. But your collision coverage, if you have it, can repair your car regardless of fault.
Do you go to jail in Florida if you don’t have car insurance?
No, not for lacking insurance on its own. Florida’s main penalties for not having car insurance are driver’s license and registration suspensions, plus reinstatement fees ranging from $150 to $500. You may also need an SR-22 for three years.
Is it worth suing an uninsured driver?
It depends. Suing an uninsured driver may help if your losses exceed what your own insurance company pays and the driver has assets, but even a judgment doesn’t guarantee quick or full payment.
Sources
- Florida Department of Financial Services. "Automobile Insurance Toolkit."
- Florida Department of Highway Safety and Motor Vehicles. "Involved in a Crash?."
- Florida Legislature. "Florida Statutes, § 316.066."
- Insurance Information Institute. "What if I can't find auto coverage?."
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Amy BeardsleyFreelance Insurance and Real Estate Writer
3+ years writing about auto, home, and life insurance
7+ years in personal finance and technology
Featured in
MacKenzie KorrisLicensed P&C Agent, Insurance Copy Editor
Licensed property and casualty insurance agent
10+ years editing experience
NPN: 21630969
David MarlettAdvisor
25 years teaching risk management and insurance course
Former commercial lines underwriter