How to Recover Damages in Florida If the Other Driver Has No Auto Insurance

Being injured in a car accident is already stressful, but discovering that the at-fault driver doesn’t have auto insurance can make the situation even more complicated. Fortunately, Florida law provides several options for injured drivers to recover compensation, even when the responsible party is uninsured.

Understanding Florida's No-Fault Insurance System

Florida is a "no-fault" insurance state. This means that after a car accident, your own insurance company is typically your first source of compensation, regardless of who caused the crash. Under Florida law, every driver is required to carry Personal Injury Protection (PIP) coverage of at least $10,000. PIP covers 80% of your medical expenses and 60% of your lost wages, up to your policy limit, no matter who was at fault.

However, PIP does not cover everything. It won’t compensate you for pain and suffering or losses beyond its coverage limits. That’s where things become more complex if the other driver lacks insurance.

Option 1: Uninsured Motorist (UM) Coverage

If the at-fault driver is uninsured, the best safety net is your Uninsured Motorist (UM) coverage, which is optional in Florida. UM coverage steps into the shoes of the at-fault driver and pays for your damages, which may include:

• Medical expenses

• Lost income

• Pain and suffering

  
  

UM coverage can be vital when dealing with uninsured or underinsured drivers. It’s highly recommended to add it to your auto insurance policy, even though it’s not mandatory under Florida law.

Option 2: Suing the At-Fault Driver Personally

If you don’t have UM coverage, you can file a personal injury lawsuit directly against the uninsured driver. But this route has its challenges. Most uninsured drivers don’t carry insurance because they can’t afford it — and if they don’t have insurance, they likely don’t have substantial assets to recover from in a lawsuit. Even if you win a judgment, collecting on it can be difficult or impossible if the driver is financially insolvent.

Option 3: Other Avenues for Compensation

Depending on the facts of the accident, there may be additional parties who can be held liable. For example:

• Employer liability: If the uninsured driver was working at the time of the crash, their employer may be liable.

  
  

• Vehicle owner liability: In Florida, the owner of a vehicle can be held responsible for the negligent operation of their car by someone else.

  
  

Final Thoughts

Yes, you can still recover for your injuries even if the at-fault driver in your Florida accident didn’t have insurance — but how much you recover and how easily depends on the coverage you have and the facts of your case. The best protection is to carry sufficient PIP and UM coverage.

If you’ve been in an accident with an uninsured driver, it’s wise to consult with a Florida personal injury attorney who can assess your options, deal with insurance companies on your behalf, and help you pursue any available compensation. Contact Dolezal Law, P.A., today at (888) 411-7854.