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.
Quick Summary (Direct Answer):
- Uninsured Motorist (UM) and Underinsured Motorist (UIM) coverage in Florida is a first-party insurance policy that pays for your medical bills, lost wages, and pain and suffering if you are hit by a driver with zero or insufficient bodily injury liability insurance. In Coral Springs and throughout Broward County, UM coverage acts as your primary financial safety net because standard Florida “full coverage” does not legally require at-fault drivers to carry coverage for injuries they cause.
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.
| Coverage Type | Florida Mandatory Minimum? | What It Covers | What It Leaves Uncovered |
| PIP (Personal Injury Protection) | Yes ($10,000 required) | 80% of emergency medical care & 60% of lost wages for you, regardless of fault. | Medical expenses exceeding $10,000; pain and suffering; non-emergency conditions. |
| PDL (Property Damage Liability) | Yes ($10,000 required) | Physical damage you cause to another person’s vehicle or property. | Your own vehicle repairs; any medical bills or physical injuries to anyone. |
| BIL (Bodily Injury Liability) | No (Optional for standard drivers) | Medical costs and non-economic damages you cause to others in a crash. | Your own injuries if an uninsured driver hits you. |
| UM / UIM (Uninsured Motorist) | No (Must be offered in writing) | Your medical costs, lost income, and pain/suffering if hit by an uninsured or underinsured driver. | Damage to your physical vehicle (covered under Collision/PDL). |
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.
Stacked vs. Unstacked Uninsured Motorist Coverage in Florida
Under Florida Statute § 627.727(1), policyholders can choose between stacked and non-stacked (unstacked) UM coverage:
- Stacked UM Coverage: Multiplies your coverage limits by the number of vehicles registered on your policy (or across multiple household policies).
- For example, if you carry $50,000/$100,000 in UM coverage across three vehicles, your total available coverage increases to $150,000 per person / $300,000 per accident. Stacked coverage also protects you if you are injured in a vehicle you do not own.
- Unstacked UM Coverage: Limits your recovery strictly to the coverage cap listed for the specific vehicle involved in the crash.
Insurers must obtain an explicit, signed rejection form (Form OIR-B1-1590) if they issue an unstacked policy. Our Coral Springs UM attorneys audit carrier compliance—if the insurer failed to execute a valid, 12-point font unstacked election form, we fight to apply stacked limits to your claim.
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.
What’s the difference between UM and UIM coverage in Florida?
Uninsured Motorist (UM) coverage applies when the at-fault driver carries no insurance at all. Underinsured Motorist (UIM) coverage applies when the at-fault driver has some bodily injury coverage, but the policy limits are too low to cover the full extent of your damages.
In Florida, both fall under the same UM/UIM coverage required by Florida Statute § 627.727, and your insurer handles a UIM claim through the same first-party process as a standard UM claim — the only difference is whether the at-fault driver had zero coverage or simply not enough.
How much does it cost to add UM/UIM coverage to a Florida policy
Cost varies by carrier, the limits you choose, and your driving profile, but adding UM/UIM coverage is typically inexpensive relative to the protection it provides — industry estimates put the added cost in the range of a few hundred dollars per year for baseline limits.
Given that nearly 1 in 5 Florida drivers carries no insurance at all, most policyholders find that cost is far lower than what they’d pay out of pocket after a serious crash with an uninsured driver. An insurance agent can provide an exact quote based on your policy.
What should I do if my insurance company denies my UM claim?
Start by requesting a written explanation of the denial that cites the specific policy language the insurer relied on, along with a complete copy of your claim file.
A denial or lowball offer isn’t the end of your options — because a UM claim is a contract dispute with your own insurer, you can dispute the decision, file a complaint with the Florida Office of Insurance Regulation, or pursue the claim through arbitration or litigation. Since you’re now in an adversarial position with your own carrier, this is exactly the point where early legal representation matters most.
High-Risk Commercial & Auto Corridors in Coral Springs
Motor vehicle collisions involving uninsured motorists in Coral Springs frequently occur along high-volume commercial and commuter routes. Our attorneys handle UM and UIM claims resulting from serious crashes along key Broward County thoroughfares, including:
- Sample Road & University Drive: One of the busiest commercial intersections in North Broward, featuring heavy traffic congestion and commercial delivery vehicles.
- Coral Ridge Drive & Royal Palm Boulevard: High-density commuter corridors with frequent broadside and rear-end collisions.
- SR 869 (Sawgrass Expressway): High-speed interstate bypass carrying commercial trucks, freight carriers, and commuter vehicles bordering Coral Springs.
If you are involved in a hit-and-run or crash with an underinsured commercial vehicle anywhere in Broward County, local claims are processed through the 17th Judicial Circuit Court of Florida. Early preservation of evidence: including dashcam footage, traffic camera data, and physical evidence—is critical to securing your UM benefits.
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
