Orlando Uninsured Motorist Lawyer

Orlando Uninsured Motorist Lawyer: Recovering Compensation When the At-Fault Driver Has No Insurance

About one in five Florida drivers was uninsured in 2023, according to the Insurance Research Council (IRC). Its 2025 study, which covers 2017 through 2023, ranks Florida seventh nationally for uninsured drivers. Florida also ranks second nationally for underinsured drivers, at 38.3%. Estimates depend on how drivers are counted, so treat these figures as estimates of the risk rather than exact counts.

Florida does not require bodily injury liability coverage. It requires only $10,000 in personal injury protection (PIP) and $10,000 in property damage liability. When an uninsured or underinsured driver causes a serious crash, the financial consequences can fall on the victim unless they carry uninsured motorist (UM) or underinsured motorist (UIM) coverage on their own policy.

At Louis Berk Law, our Orlando uninsured motorist lawyers handle UM and UIM claims against your own insurance company. These claims differ from standard car accident cases because you are not suing the at-fault driver. You are making a claim under a policy you have paid premiums on. Your insurer still has a financial reason to pay as little as possible, so we document your losses and value the claim carefully.

What's the Difference Between UM and UIM Coverage in Florida?

UM (uninsured motorist) coverage applies when the at-fault driver carries no bodily injury insurance or flees the scene in a hit-and-run. UIM (underinsured motorist) coverage applies when the at-fault driver has insurance, but the policy limits are too low to cover your damages. Under §627.727(1), Florida insurers must offer both coverages. If you did not reject them in writing, you likely have them.

Insurers must offer this coverage, and you can reject it or choose lower limits only through a signed written form. Many policyholders do not realize they carry this coverage until they need it.

Florida's Insurance Gap: Why UM Coverage Matters

Florida ranks seventh nationally for uninsured drivers, and its minimum coverage leaves a large gap. PIP pays 80% of covered medical bills and 60% of lost wages, up to a combined limit of $10,000. For a serious crash, that limit is used up quickly. Without UM or UIM coverage, the remaining costs fall on you if the at-fault driver has no insurance.

Motorcyclists, bicyclists, and pedestrians usually do not have PIP through a motorcycle or bicycle policy, so UM coverage on a household auto policy can be an important source of recovery. Our pages on motorcycle accidents, bicycle accidents, and pedestrian accidents explain how these claims work.

How UM/UIM Claims Work in Florida

A UM or UIM claim is filed against your own insurance company, not the at-fault driver. This creates a unique dynamic: the insurer you have been paying premiums to becomes the party you are fighting for compensation.

Step 1: Report the Accident and Verify the At-Fault Driver's Coverage. After the accident, obtain the police report and verify the at-fault driver's insurance status. If they have no insurance or insufficient coverage, notify your own insurer that you intend to file a UM or UIM claim.

Step 2: Review Your Own Policy. Your policy sets the maximum you can recover. Review your declarations page for UM and UIM limits, whether your coverage is stacked, and whether you have multiple vehicles on the policy. An attorney can identify coverage you may not realize you have.

Step 3: Document Injuries and Damages. UM and UIM claims require the same damage documentation as any personal injury claim: medical records, treatment costs, lost wages, and evidence of pain and suffering. Seek treatment within the 14-day PIP window (§627.736) to preserve your PIP benefits.

Step 4: Submit the UM/UIM Demand. We prepare a demand package documenting your injuries, treatment, and damages, and submit it to your own insurer. The insurer will assign an adjuster who will attempt to minimize the payout. Our attorneys handle all communication and negotiation.

Step 5: File a UM Lawsuit If Necessary. If your insurer refuses to pay a fair amount, we file a UM lawsuit. Because UM claims are treated as breach-of-contract actions, the statute of limitations is five years under §95.11(2)(b), not the two-year negligence deadline. That longer timeline applies to the contract claim against your insurer. A direct negligence claim against an identified at-fault driver is still subject to the two-year deadline.

If the uninsured driver was also involved in a crash with another vehicle, our car accident attorneys in Orlando can help investigate how the crash happened and which coverage applies.

What Is Stacked UM Coverage and Should I Have It?

Stacked UM coverage under §627.727(8) lets you combine the UM limits of every vehicle on your policy. If you have $100,000 in UM coverage and three vehicles, stacked coverage can provide up to $300,000 in total. Non-stacked coverage limits you to the amount on the vehicle involved in the crash. For a serious injury, that difference can decide whether your medical bills are fully covered.

Under §627.727(8), coverage for multiple vehicles is stackable unless you sign a non-stacking election on the form the state approves. A signed election is presumed informed and knowing, and insurers that offer non-stacked coverage must reduce the UM premium by at least 20 percent. Stacked coverage usually costs more, so whether it makes sense depends on how many vehicles you own and how much protection you want.

In one case, our team recovered $300,000 in total UM benefits by stacking coverage across three family vehicles. That recovery fully covered a client's medical bills and lost wages after an underinsured driver caused the crash.

Hit-and-Run Accidents and UM Coverage

UM coverage can apply when the at-fault driver flees the scene or cannot be identified, because that driver is treated as uninsured. Florida courts have generally required that the unidentified vehicle physically contact your vehicle, or that independent evidence corroborate its involvement in the crash. This is a court-made rule rather than a statutory one, and how it applies depends on the facts and your policy language, so documenting the crash early matters.

Report a hit-and-run to police immediately. The police report documents the incident, along with any partial plate number, vehicle description, or direction of travel you were able to record. Then contact a UM attorney to file the claim with your insurer. Our hit-and-run accident page covers the investigation side of these claims in more detail.

In one case, our team recovered $250,000, the full uninsured motorist policy limit, after an unidentified hit-and-run driver forced our client off I-4 in Orlando. The crash caused severe cervical spine injuries that required surgery.

Why Your Own Insurance Company Fights Your UM Claim

Your own insurer is the opposing party in a UM claim, even though you have paid premiums for that coverage. Its financial interest is to pay as little as possible.

The tactics we see most often include:

• Disputing injury severity: The adjuster may argue your injuries are less serious than your records show, or that treatment was excessive.
• Making a low initial offer: First offers on UM claims are often well below the claim's value.
• Delaying or denying the claim: Slow-walking requests, asking for redundant documents, or denying a valid claim outright.

Insurers also argue prior medical conditions, attributing current symptoms to old problems rather than the crash. Careful medical documentation is the best answer to that argument.

Florida law limits premium increases tied to accidents. Under §626.9541(1)(o)3.a, an insurer may not impose an additional premium or refuse to renew solely because the insured was involved in a motor vehicle accident, unless its file shows in good faith that the insured was substantially at fault. A claim for a crash you did not cause should not raise your rates on that basis.

If your insurer unreasonably denies or underpays a valid UM claim, Florida law allows a bad faith claim that can reach damages beyond the policy limits under §624.155.

How HB 837 Affects Uninsured Motorist Claims

Florida's 2023 tort reform (HB 837) affects UM and UIM claims mainly through the modified comparative negligence rule. Under §768.81(6), if you are found 51% or more at fault for the accident, your claim is barred entirely. Insurers use this argument in UM cases, claiming you contributed to the crash through speeding, distraction, or failure to avoid the collision.

The medical damages evidence rule under §768.0427 also applies. For medical treatment that has already been paid, evidence of damages is limited to the amount actually paid. Unpaid medical bills are measured by a formula tied to Medicare rates, so the starting point for damages can be lower than the amount billed.

The statute of limitations for a UM contract claim remains five years under §95.11(2)(b), because it is a contract action rather than a negligence action. HB 837's reduction of the negligence deadline from four years to two does not change the UM policy claim. A direct negligence claim against an identified at-fault driver is still subject to the two-year deadline.

What Compensation Can You Recover Through a UM/UIM Claim?

Through your UM or UIM coverage, you can recover the same categories of damages you would recover from the at-fault driver, up to your policy limits. These include medical expenses beyond what PIP covers, lost wages, and pain and suffering. Property damage is included only if your policy's UM or UIM coverage provides it.

If the crash was fatal, the family may also have a claim under Florida's wrongful death statute. Our wrongful death lawyers in Orlando handle those cases and explain how a UM policy can fit into the recovery.

How Louis Berk Law Handles Uninsured Motorist Claims

At Louis Berk Law, we start every UM and UIM case with a complete policy review. We analyze your declarations page, identify all available coverage, including stacked policies and household vehicles you may not have considered, and calculate the maximum recovery available under your policy.

We then document your injuries with the same rigor we would apply to a trial case: medical records, expert opinions, economic analysis, and a damages demand that forces your insurer to take your claim seriously. When the insurer lowballs or denies, we file a UM lawsuit and prepare for trial.

UM cases are contract disputes, which means different procedural rules and a different timeline than negligence cases. Our attorneys understand these distinctions. If your situation involves a different type of injury, our personal injury attorney in Orlando is ready to help, and you can review our case results to see how we have fought for Central Florida families. Contact us for a free policy review to find out what coverage you have available.

Disclaimer: This page is for general informational purposes only and does not constitute legal advice. Every case is different. For advice about your specific situation, contact a licensed attorney. Prior results do not guarantee a similar outcome.