Getting hit by a driver with no bodily injury insurance in Florida is far more common than you’d think. Because Florida does not require most drivers to carry bodily injury liability coverage, a significant number of at-fault drivers have no insurance that covers your injuries. When the person who caused your accident has no bodily injury coverage, recovering compensation becomes harder, but it’s far from impossible.

At Bozanic Law, we represent accident victims throughout Broward County, Miami-Dade County, and Palm Beach County who are dealing with uninsured at-fault drivers. There are several legal avenues for recovery, and most of them depend on the coverage you carry on your own policy.

Does Florida Require Drivers to Carry Bodily Injury Insurance?

Here’s the problem: Florida does not require all drivers to carry bodily injury liability (BIL) insurance. Florida is a no-fault state that requires only $10,000 in personal injury protection (PIP) and $10,000 in property damage liability (PDL) to register a vehicle under Florida Statute § 324.021.

BIL coverage is mandatory only for certain high-risk drivers, including those with DUI convictions or multiple at-fault accidents, under § 324.023. For everyone else, it’s optional.

This means a driver can legally operate a vehicle in Florida with zero bodily injury coverage. If that driver causes an accident and seriously injures you, their insurance won’t cover your medical bills, lost wages, or pain and suffering because they have no BIL policy.

When the at-fault driver carries no bodily injury coverage, your own insurance becomes your first line of defense.

How Does PIP Help When the Other Driver Has No Insurance?

Your PIP coverage kicks in regardless of who caused the accident. Under Florida Statute § 627.736, PIP covers:

• 80% of reasonable and necessary medical expenses
• 60% of lost wages
• Up to a combined maximum of $10,000

To receive the full $10,000 in PIP benefits, a medical provider must determine that you have an emergency medical condition within 14 days of the accident. Otherwise, your PIP benefits are capped at $2,500.

PIP is often the first source of payment after an accident, but $10,000 rarely covers the full cost of serious injuries. That’s why uninsured motorist coverage matters so much.

What Is Uninsured Motorist (UM) Coverage and Why Does It Matter?

Uninsured motorist coverage under Florida Statute § 627.727 is designed for exactly this situation. UM coverage compensates you for injuries caused by a driver who has no bodily injury liability insurance.

Every auto insurer in Florida is required to offer UM coverage when you purchase a policy. However, UM coverage is not mandatory. You can reject it in writing. If you didn’t reject it, your policy should include UM coverage at limits equal to your bodily injury liability limits.

UM coverage can pay for:

• Medical expenses beyond what PIP covers
• Lost wages and lost earning capacity
• Pain and suffering
• Other economic and non-economic losses

If you selected UM coverage limits of $100,000 per person, for example, you can recover up to that amount from your own insurer for injuries caused by an uninsured driver. This coverage is often the difference between a full recovery and being stuck with bills you can’t pay.

Stacking vs. Non-Stacking UM Coverage

Florida allows insurers to offer “stacked” or “non-stacked” UM coverage:

• Stacked coverage lets you combine the UM limits from multiple vehicles on your policy. If you have $50,000 in UM coverage and two vehicles on the policy, stacked coverage gives you $100,000 in total UM protection.
• Non-stacked coverage limits you to the UM amount on the single vehicle involved in the accident.

If you selected stacked coverage, it significantly increases the funds available to compensate you after an uninsured driver accident. Review your policy declarations page to determine which type you carry.

Can You Sue an Uninsured Driver Directly?

Yes. You have the legal right to file a personal injury lawsuit against the uninsured at-fault driver. Under Florida Statute § 95.11, you have two years from the date of the accident to file suit for personal injury claims arising on or after March 24, 2023.

The challenge with suing an uninsured driver is collection. A court judgment is only as good as the defendant’s ability to pay. If the at-fault driver has no insurance, they may also have limited assets, making it difficult to collect on a judgment.

However, there are situations where a direct lawsuit is still valuable:

• The at-fault driver has assets (real estate, savings, business income) that can be used to satisfy a judgment
• You can obtain a lien on future assets or income
• The judgment can be used for tax purposes or to offset other debts
• Florida judgments are valid for 20 years and can be renewed, giving you time to collect as the defendant’s financial situation changes

Are There Other Sources of Recovery?

Beyond PIP and UM coverage, additional sources of compensation may be available depending on the circumstances:

MedPay (Medical Payments Coverage). If your policy includes MedPay, it provides additional coverage for medical expenses regardless of fault. MedPay limits vary by policy.

Employer liability. If the uninsured driver was operating a vehicle in the course of employment, the employer may be liable for your injuries under the doctrine of respondeat superior.

Vehicle owner liability. Under Florida’s dangerous instrumentality doctrine, the owner of a vehicle can be held liable for injuries caused by someone they permitted to drive their vehicle. If the uninsured driver was operating someone else’s car, the vehicle owner’s insurance may provide coverage.

Government claims. If the accident involved a government vehicle or occurred due to a road defect, you may have a claim against a government entity, subject to Florida’s sovereign immunity provisions under § 768.28.

What Should You Do If the At-Fault Driver Has No Insurance?

Report the accident to your own insurer immediately. Notify your insurance company about the accident and the at-fault driver’s uninsured status. This triggers your PIP and UM coverage.

Do not sign anything from the other driver. Uninsured drivers sometimes offer cash payments or informal settlement agreements at the scene. These agreements can waive your rights to pursue additional compensation later.

Get medical treatment within 14 days. This protects your PIP benefits under § 627.736 and creates a medical record linking your injuries to the accident.

Document everything. Obtain the police report. Photograph vehicle damage and injuries. Collect witness information. Save all medical bills and records of lost wages.

Talk to a personal injury attorney before accepting any settlement. Insurance companies, including your own, are motivated to minimize payouts. An attorney can evaluate the full value of your claim and identify all available sources of recovery.

Recovering Compensation After an Uninsured Driver Accident in South Florida

At Bozanic Law, we help accident victims identify every available source of recovery when the at-fault driver has no insurance. From UM claims to direct lawsuits to third-party liability theories, we pursue every option to make sure you’re compensated for your injuries.

Our trial experience and litigation background mean your case won’t stall at the negotiation table if the insurance company refuses to pay what your claim is worth.

If you’ve been injured by an uninsured driver in South Florida, contact Bozanic Law to discuss your case.

No Panic, Call Bozanic!