Getting into a car accident is already stressful. But if the person who caused the crash doesn’t have insurance, it can be even more overwhelming. In Florida, there are specific laws that deal with this type of situation. Knowing what steps you can take after being hit by an uninsured driver can help you protect your rights and get the compensation you need.

Florida’s No-Fault Insurance System

Florida is a no-fault insurance state. That means after most car accidents, each driver turns to their own insurance first, no matter who caused the crash. Every driver in Florida is required to carry:

• $10,000 in Personal Injury Protection (PIP)

• $10,000 in Property Damage Liability (PDL)

PIP pays for 80% of your medical bills and 60% of lost wages, up to the $10,000 limit. You can use this coverage even if the other driver doesn’t have insurance.

PDL covers any damage you cause to someone else’s property, but it doesn’t help if someone hits you and causes damage to your car.

What Happens If the Other Driver Is Uninsured?

If the person who hit you doesn’t have car insurance, you still have a few options. The steps you take will depend on the type of coverage you have and the details of the accident.

File a Claim Through Your Own Insurance

Your PIP coverage is your first option. It will help with medical bills and lost income, no matter who was at fault. But it has a cap. If your injuries are serious and your costs go over the $10,000 limit, you may need to look at other options.

If you have Uninsured/Underinsured Motorist Coverage (UM/UIM) as part of your policy, that can help too. This coverage steps in when the other driver doesn’t have insurance or doesn’t have enough insurance to cover your losses. UM/UIM can help pay for things like:

• Medical expenses that PIP doesn’t cover

• Long-term treatment costs

• Pain and suffering

• Lost wages if you miss work

Keep in mind, you must have added this coverage to your policy before the crash. It’s not automatically included in every plan.

You May Be Able to File a Lawsuit

If your injuries are serious—like broken bones, permanent scarring, or long-term disability—you may be allowed to file a personal injury lawsuit in Florida. In these cases, you can seek compensation for:

• Medical bills not covered by PIP

• Pain and suffering

• Future medical care

• Lost income and reduced earning ability

Even if the driver has no insurance, a lawsuit could allow you to collect damages from other parties or assets.

Other Parties May Be Liable

Sometimes, the uninsured driver isn’t the only one who may be responsible for the crash. Depending on what happened, you could have other options for seeking compensation:

A Defective Vehicle or Auto Part

If the accident was caused by a faulty brake system, bad tires, or a car defect, the company that made or sold the product could be held responsible.

A Government Agency

If the crash happened because of a dangerous road condition—like a missing stop sign, poor lighting, or a large pothole—the city or state responsible for road maintenance may share the blame.

Another Driver

In some accidents, more than one driver may be at fault. For example, if another car cut you off, forcing you into the path of the uninsured driver, that third-party driver might also be responsible.

What If You’re Found Partly at Fault?

Florida follows something called comparative fault. That means if you were partly to blame for the crash, your compensation could be reduced by your percentage of fault.

For example, if you’re found 20% at fault and awarded $50,000, you would only receive $40,000. The rest would be deducted based on your share of the blame.

This is one reason why insurance companies often try to shift some of the fault onto you. It’s important to gather evidence, such as photos, police reports, and witness statements, to protect your side of the story.

Don’t Wait Too Long to Take Action

There are deadlines for filing insurance claims and lawsuits in Florida. For most personal injury cases, you have four years from the date of the accident to file a lawsuit. If you miss this deadline, the court may not let you recover any compensation.

Other deadlines, like reporting the accident to your insurance company, may be much shorter. Some companies require you to file a claim within 14 days to use your PIP benefits.

How a Lawyer Can Help After a Crash With an Uninsured Driver

Going through this process alone can be difficult. Dealing with insurance companies, tracking medical expenses, and figuring out who might be responsible for the crash takes time and effort—especially if you’re injured.

A car accident lawyer can help:

• Review your insurance coverage

• Collect evidence from the crash

• Talk to witnesses and police

• Handle the insurance companies for you

• Help you file a lawsuit if needed

You don’t have to deal with this alone.

Call D2 Law Today

If you were hurt in a crash with an uninsured driver, call D2 Law at (800) 790-5641. We’ll review your case and help you understand your options. Whether it’s through your own insurance, a lawsuit, or another liable party, we’ll work to help you get the compensation you deserve. Your consultation is free, and you don’t pay unless we win for you.