Uninsured Motorist Attorney in Palm Beach County — When the At-Fault Driver Has No Insurance

Florida has one of the highest rates of uninsured drivers in the United States — consistently over 20% of Florida drivers carry no auto liability insurance. If you are injured in an accident caused by an uninsured or underinsured driver, you may feel like you are out of options. You’re not. Florida law provides a specific mechanism — uninsured and underinsured motorist (UM/UIM) coverage — that allows you to recover compensation through your own insurance policy when the at-fault driver cannot pay.

But here’s what most people don’t know: UM claims involve your own insurer — and your own insurer has the same financial incentive to minimize your claim as any other insurance company. Hughes and Barnard Law Firm, PA in Jupiter, FL represents UM claimants throughout Palm Beach County, Martin County, and St. Lucie County. We negotiate and litigate UM claims with the same aggression we bring to third-party claims against at-fault drivers.

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How Uninsured Motorist Coverage Works in Florida

Florida does not require drivers to carry bodily injury (BI) liability insurance — only PIP (personal injury protection) and property damage coverage are mandatory. This is why Florida has so many uninsured drivers. When an uninsured driver causes an accident, the injured party typically cannot recover from the at-fault driver’s liability insurance because that coverage doesn’t exist.

Uninsured Motorist (UM) coverage is an optional add-on to your own Florida auto insurance policy. When you purchase UM coverage, you are buying protection against exactly this scenario — an accident caused by a driver with no insurance (or too little insurance). UM coverage provides compensation for your medical expenses, lost wages, pain and suffering, and other damages that you could have recovered from the at-fault driver if they had adequate coverage.

Key distinction:  Underinsured Motorist (UIM) coverage applies when the at-fault driver has some insurance but not enough to fully compensate your injuries. If the at-fault driver carries $10,000 in bodily injury coverage and your injuries are worth $100,000, your UIM coverage can provide the difference — up to your UIM policy limits.

The Insurance Company Is Not Your Friend — Even When It’s Your Own

This is the most important thing to understand about UM claims: your insurance company, despite having accepted your premium payments, is in an adversarial relationship with you in a UM claim. The insurer’s obligation is to pay the same amount that the at-fault driver would have been obligated to pay — but the insurer has financial incentives to pay as little as possible, just like any other insurance company on the other side of a claim.

Insurance companies use the same tactics in UM claims that they use against third-party claimants: requesting recorded statements, obtaining surveillance, disputing the severity and causation of injuries, and making low initial settlement offers. Having an attorney who understands these tactics — and who the insurance company knows is prepared to litigate — produces meaningfully better outcomes in UM cases.

Howard M. Hughes spent years as an insurance adjuster and in insurance claims management before becoming a plaintiff’s attorney. He understands exactly how insurers evaluate and negotiate UM claims from the inside — and he uses that knowledge on behalf of his clients.

Hit-and-Run Accidents and UM Coverage

Uninsured motorist coverage also applies in many hit-and-run accidents — where the at-fault driver flees and cannot be identified. Most Florida UM policies cover hit-and-run accidents as long as there was physical contact between the vehicles (or between the fleeing vehicle and the victim, in the case of a pedestrian or cyclist hit-and-run). The physical contact requirement is designed to prevent fraudulent claims, but it means that drive-by or phantom vehicle accidents where there was no actual physical contact may not be covered under standard UM policies.

uninsured motorist attorney Palm Beach County

What If I Have Stacked vs. Non-Stacked UM Coverage?

Florida allows drivers to purchase ‘stacked’ UM coverage, which multiplies the UM policy limits by the number of vehicles on the policy. If you have three vehicles on your policy and $100,000 per vehicle in stacked UM coverage, you have $300,000 in total UM protection available for a single accident. ‘Non-stacked’ coverage limits you to the per-vehicle policy limit regardless of how many vehicles are on the policy. Determining which type you have, and maximizing your available coverage, is a critical part of a UM claim analysis. Hughes and Barnard reviews your policy carefully as part of our free consultation.

UM Claims Involving Underinsured Drivers — A Common Scenario in South Florida

Florida’s minimum bodily injury coverage (for those who purchase it) is $10,000 per person / $20,000 per accident. When a driver carrying minimum limits causes a serious accident — a broken femur, a traumatic brain injury, a spinal cord injury — $10,000 is woefully inadequate compensation. In these cases, the at-fault driver is effectively ‘underinsured’ and your UIM coverage fills the gap between their coverage and the actual value of your claim.

Serving Palm Beach County, Martin County, and St. Lucie County

Hughes and Barnard Law Firm, PA represents uninsured and underinsured motorist claimants throughout Jupiter, North Palm Beach, Palm Beach Gardens, West Palm Beach, Lake Worth, Boynton Beach, Delray Beach, Boca Raton, Stuart, Hobe Sound, and Port St. Lucie. Call (561) 296-9400 for your free consultation.

Frequently Asked Questions: UM Claims in Florida

If I make a UM claim, will my insurance rates go up?

Florida law prohibits insurers from raising your rates solely because you made a UM claim — you were not at fault for the accident. Premium increases based on UM claims are rare and may violate Florida insurance regulations. Our firm can advise you on your rights with respect to premium treatment after a UM claim.

In theory, yes — you can pursue both simultaneously. In practice, if a driver has no insurance, they often have limited assets to pursue. UM coverage is typically the more productive avenue. Some UM policies have provisions about coordinating with judgments against the at-fault driver, which is why it’s important to have an attorney review your specific policy.

Florida courts have generally held that UM coverage can apply to pedestrians and cyclists who are struck by uninsured drivers — even though the victim was not in a vehicle. If you have UM coverage on your auto policy, it may be available to compensate you even if you were on foot or on a bicycle when the accident occurred.

Don’t let an uninsured driver leave you without compensation.

Call (561) 296-9400 — Hughes & Barnard Law Firm, PA — free consultation, no fee unless we win.