Commercial motor vehicle collisions and personal auto crashes in South Florida frequently involve drivers who carry zero bodily injury coverage or far too little insurance to pay for severe injuries.
At Reinfeld Cabrera Tison, our legal team fights aggressively to ensure you recover maximum financial compensation through your first-party Uninsured/Underinsured Motorist (UM/UIM) coverage.
Key Takeaways: Florida Uninsured Motorist (UM) Coverage
- The “Full Coverage” Myth: Florida law (Florida Statute § 627.736) only requires $10,000 in Personal Injury Protection (PIP) and $10,000 in Property Damage Liability (PDL). It does not mandate Bodily Injury liability coverage for at-fault drivers.
- High Uninsured Driver Rates: According to industry data from the Insurance Research Council (IRC), nearly 1 in 5 Florida motorists drive completely uninsured, making UM coverage your primary defense after a severe crash.
- Strict Statutory Deadlines: Florida’s tort reform updates (Florida Statute § 95.11) enforce a strict 2-year statute of limitations for personal injury claims resulting from auto accidents.
- Preserving Coverage Rights: Under Florida Statute § 627.727(6), you must notify your UM insurance carrier in writing before accepting any policy-limit settlement from an at-fault driver, or you risk waiving your right to UM benefits.
What Is Uninsured & Underinsured Motorist (UM/UIM) Coverage in Florida?
Uninsured Motorist (UM) coverage is a first-party policy that pays for medical bills, lost income, and non-economic damages (pain and suffering) when you are hit by an uninsured driver, an underinsured driver, or a hit-and-run motorist.
Under Florida Statute § 627.727, auto insurance companies issuing bodily injury coverage in Florida are legally required to include UM coverage equal to your policy limits. An insurance company can only exclude UM coverage if the named policyholder executes an explicit written rejection on an Office of Insurance Regulation (OIR) approved form printed in 12-point bold type.
Why “Full Coverage” Leaves Florida Drivers Vulnerable
Many drivers in Broward County believe having “full coverage” protects them after a serious collision. Under Florida Statute § 627.736, standard basic state requirements only cover:
- Personal Injury Protection (PIP): Up to $10,000 for emergency medical conditions (reimbursed at 80% for medical care and 60% for lost wages).
- Property Damage Liability (PDL): Up to $10,000 for damage you cause to another person’s vehicle or property.
Standard minimum policies do not cover your medical expenses past $10,000, nor do they force the at-fault driver to carry Bodily Injury liability. If an uninsured driver causes a crash resulting in $50,000 in hospital bills, your PIP coverage will exhaust immediately, leaving you financially liable for the remaining $40,000 unless you carry UM insurance.
Landmark Florida Case Law & Statutory Rules
- Coverage Follows the Person (Mullis v. State Farm): In the landmark decision Mullis v. State Farm Mut. Auto. Ins. Co. (252 So. 2d 229), the Florida Supreme Court established that UM coverage protects the person, not just the vehicle. Insured drivers and resident relatives are covered under their UM policy whether they are driving their own car, riding as a passenger, or struck as a pedestrian.
- Subrogation & Notice Requirements: Under Florida Statute § 627.727(6), prior to accepting a settlement from an underinsured driver’s insurance, you must issue formal written notice via certified mail to your UM carrier. The UM insurer then has 30 days to either authorize the settlement or pay the settlement amount directly to preserve their subrogation rights.
- Protection Against Rate Increases: Under Florida Statute § 626.9541(1)(o)(3), an insurance company is legally prohibited from raising your premiums or canceling your policy solely because you filed a UM claim for an accident where you were not substantially at fault.
Frequently Asked Questions
Does Uninsured Motorist Coverage apply to hit-and-run accidents in Florida?
Yes. Florida UM policies cover hit-and-run crashes and phantom vehicle accidents. To recover benefits, the policy usually requires physical contact between vehicles or corroborating witness testimony confirming the phantom vehicle caused the incident.
Can my insurance company raise my rates for filing a UM claim?
Under Florida Statute § 626.9541(1)(o), an insurance company cannot increase your premium or cancel your policy solely because you filed a claim for an accident in which you were not substantially at fault.
What is the deadline to file a UM claim in Broward County?
While Florida personal injury tort claims follow a 2-year statute of limitations under Fla. Stat. § 95.11, a UM claim is technically a breach-of-contract dispute against your own carrier. However, policy provisions require immediate prompt notice of any crash, making early legal representation critical.
Why Choose Reinfeld Cabrera Tison for Your UM Claim
Even though you pay premiums to your own insurance carrier, a UM claim puts you in an adversarial position against them. Insurers deploy defense tactics to minimize your payout or argue comparative negligence.
At Reinfeld Cabrera Tison, our trial team handles every aspect of first-party insurance litigation across Coral Springs and Fort Lauderdale:
- Auditing Insurance Forms: We audit insurance company records to ensure the carrier obtained a valid, legally compliant 12-point font written rejection form. If the form is non-compliant, you may be legally entitled to full UM coverage.
- Maximizing Stacked Coverage: We analyze all household auto policies to identify every available layer of coverage.
- Protecting Statutory Rights: We manage all § 627.727(6) settlement notices to prevent insurance companies from invalidating your claim on technicalities.
Speak with a South Florida Uninsured Motorist Attorney
Firm: Reinfeld Cabrera Tison — Personal Injury Attorneys
Offices: Coral Springs & Fort Lauderdale, FL (Serving Broward County)
Direct Line: (954) 866-4878 | (954) 371-0499
Consultation: Free, Confidential Case Evaluation — Available 24/7
