Dealing with Uninsured or Underinsured Drivers: Your Legal Options

Getting into a car accident is stressful enough. But when you find out the other driver has no insurance—or not enough to cover your losses—it can make an already difficult situation worse. Unfortunately, this isn’t rare. Many drivers in Florida either don’t carry insurance or carry the bare minimum that won’t come close to covering serious injuries or property damage.

If you’re hit by someone without adequate coverage in Fort Myers, you may still have options. Understanding how Florida insurance laws work and knowing what steps to take next can help you protect your rights and pursue the compensation you need.

How Florida’s Insurance System Works

Florida follows a no-fault insurance system. This means that after a car crash, each driver typically turns to their own insurance provider—regardless of who caused the accident. This system is designed to speed up the claims process for medical treatment and reduce lawsuits for minor accidents.

Every driver in Florida is required to carry at least $10,000 in Personal Injury Protection (PIP) coverage. PIP pays for a portion of your medical expenses and lost wages, but it won’t cover all losses—especially in serious accidents. And it doesn’t pay for pain and suffering.

If your injuries are severe and meet certain legal thresholds, you can step outside the no-fault system and file a claim against the at-fault driver. But what happens if that driver has no insurance or doesn’t have enough to pay for the damages?

Understanding Uninsured and Underinsured Drivers

An uninsured driver is someone who has no auto insurance at all. This is illegal in Florida, but it still happens. An underinsured driver is someone whose coverage limits are too low to pay for the full extent of your injuries and losses.

For example, if your damages total $75,000 and the at-fault driver only carries $10,000 in liability coverage, that leaves you with a significant gap. In both situations, your ability to recover compensation depends heavily on your own insurance policy and whether you have certain types of optional coverage.

Using Uninsured or Underinsured Motorist Coverage

One of the most important tools for protecting yourself in this kind of situation is Uninsured/Underinsured Motorist (UM/UIM) coverage. While Florida doesn’t require drivers to carry UM/UIM, insurance companies are required to offer it when you purchase your policy. If you declined it, you likely had to sign a waiver.

If you do have this coverage, it can step in to pay for medical bills, lost income, and other damages when the at-fault driver can’t. It works by covering the difference between what the other driver can pay and what you are actually owed.

UM/UIM coverage often makes the difference between getting partial compensation and getting what you truly need to recover. It also typically covers injuries to passengers in your vehicle and may even apply if you’re hit while walking or biking.

Stacked vs. Non-Stacked Policies

In Florida, you can choose between stacked and non-stacked UM/UIM coverage. A stacked policy combines the coverage limits of multiple vehicles on your policy, giving you a higher payout if needed. A non-stacked policy limits you to the coverage amount listed for one vehicle.

For example, if you have two cars insured with $50,000 in UM/UIM coverage each, a stacked policy would give you access to $100,000 in coverage. This can be especially helpful in cases where injuries are serious and the other driver’s insurance is limited—or nonexistent.

Filing a Claim Against Your Own Policy

When you use your UM/UIM coverage, you’re filing a claim against your own insurance company. While you might expect this to be a straightforward process, it can still be difficult. Insurance companies are businesses. Even when you’re their customer, they may try to limit what they pay out.

This is why it’s important to document your injuries thoroughly, keep track of all expenses, and avoid quick settlement offers. You may be entitled to more than what the insurer initially offers, especially if the accident has long-term effects on your health or ability to work.

What If You Don’t Have UM Coverage

If you don’t have uninsured motorist coverage and the at-fault driver is uninsured or underinsured, your legal options become more limited—but not impossible.

You may be able to:

File a personal injury lawsuit against the at-fault driver. However, even if you win a judgment, collecting on it can be difficult if the person has no income or assets.
Explore other third-party liability. If a commercial vehicle, rental car, or employer was involved, other parties may share responsibility and have insurance that could apply.
Check for additional coverage. In some cases, your health insurance or MedPay coverage (if you purchased it) can help cover medical costs.

Steps to Take After the Accident

If you’re involved in an accident and believe the other driver is uninsured or underinsured, take these steps as soon as possible:

Call the police and make sure an accident report is filed. This helps document what happened and can be used as evidence later.
Seek medical attention right away. Even if your injuries seem minor, it’s important to have them evaluated and documented.
Notify your insurance company of the accident but be careful about what you say. Stick to the facts and avoid speculation.
Gather as much information as you can—photos of the scene, contact information for witnesses, and details about the vehicles involved.
Speak with a personal injury attorney who understands the complexities of UM/UIM claims and uninsured driver cases in Florida.

Why Legal Guidance Matters

Claims involving uninsured or underinsured drivers are often more complicated than standard car accident claims. Insurance coverage is a key issue, and determining what’s available—and how to access it—requires experience and attention to detail.

A personal injury lawyer in Fort Myers can help you understand your coverage, identify any hidden policies that might apply, and deal with the insurance companies on your behalf. They can also guide you through the process of filing a lawsuit if that becomes necessary.

Conclusion

Being hit by someone who has little or no insurance adds another layer of frustration to an already difficult situation. But you don’t have to face it alone. Whether it’s pursuing a UM/UIM claim through your own policy or identifying alternative sources of compensation, there are paths forward.

If you’ve been in an accident with an uninsured or underinsured driver in Fort Myers, speaking with a personal injury attorney early on can help you understand your legal options and improve your chances of getting the compensation you deserve. Acting quickly—and with the right support—can make a real difference in your recovery.