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Florida Uninsured & Underinsured Motorist (UM/UIM) Lawyer

Florida Uninsured & Underinsured Motorist (UM/UIM) Lawyer

When the Driver Who Hit You Has No Insurance

About one in five Florida drivers has no auto insurance at all. The Insurance Research Council put the state’s uninsured rate at 20.6 percent for 2023, the seventh highest in the country, against a national average of 15.4 percent. Many of the drivers who are insured carry only the $10,000 personal injury protection and $10,000 property damage liability that Florida requires to register a car. Bodily injury liability coverage, the insurance that would pay for the people they hurt, is optional, and the 2026 bills that would have made it mandatory died in committee on March 13, 2026.

That is why, after a serious crash in South Florida, the most important insurance policy is usually your own. Uninsured motorist (UM) and underinsured motorist (UIM) coverage pays what the at-fault driver should have paid: medical bills beyond PIP, lost income, and, when the injury is permanent, pain and suffering. It also puts you in an unusual position. The insurance company you have paid for years now stands in the shoes of the driver who hit you, and it will evaluate your claim the way his insurer would have.

The Injury Advocates is a Plantation-based personal injury law firm serving Fort Lauderdale, Broward County, and South Florida. Uninsured and underinsured drivers come up in many of the motor vehicle cases we handle, and when they do, we pursue the UM or UIM claim as part of the case: coverage questions over stacking and rejection forms, hit-and-run claims, underinsured claims, and claims where the carrier will not pay what the policy promises, with attorney Kweku Darfoor involved from the first call through settlement or trial.

From the Attorney’s Desk

“The first thing I check when a client is hit by an uninsured driver is the driver: I run an asset check to see whether there is anything collectible, and most of the time the answer is no. At the same time I pull my client’s own policy to see whether it carries uninsured/underinsured motorist coverage. From there, we know what direction the case can take.”

— Kweku Darfoor, Esq.

What Uninsured Motorist Coverage Pays For

UM coverage pays the damages you are legally entitled to recover from the owner or operator of an uninsured motor vehicle, up to your UM limits. Under section 627.727 of the Florida Statutes, “uninsured” includes three situations most people would not expect:

  • No bodily injury coverage at all, which is the most common situation in Florida.
  • Underinsured drivers: the at-fault driver has bodily injury coverage, but the limits are less than your total damages. A $10,000 or $25,000 policy against a surgery, a fracture, or a brain injury is underinsured. Your UM coverage pays over and above those limits, up to your own UM limits.
  • Hit-and-run and phantom vehicles, where the driver is never identified, and insolvent insurers that cannot pay.

The damages UM pays mirror a negligence claim: past and future medical expenses not covered by PIP, lost wages and lost earning capacity, the cost of future care, and non-economic damages such as pain, suffering, and loss of enjoyment of life when the injury meets Florida’s permanency threshold. UM also pays wrongful death damages to the family of someone killed by an uninsured driver. What it does not pay is vehicle damage; that comes from collision coverage or, rarely, uninsured motorist property damage coverage.

Who is covered follows the policy, not the car. Florida courts divide insureds into two classes. Class I insureds, the named insured and relatives who live in the household, are covered wherever they are injured: driving, riding in someone else’s car, in an Uber or Lyft, on a bicycle, or walking across Broward Boulevard. Class II insureds, everyone else, are covered only while occupying the insured vehicle. (Mullis v. State Farm, Fla. 1971.) When we take a UM case, the first question is not what the other driver carried. It is how many policies in your household might respond.

Do You Have UM Coverage? Three Things to Check

Many people do not know whether they bought UM, and the answer is often better than they fear.

  1. The declarations page. Look for a line reading “Uninsured Motorist” or “UM/UIM,” the limits (for example $100,000 per person / $300,000 per accident), and the word stacked or non-stacked.
  2. The rejection form. Florida requires every insurer that sells bodily injury coverage to offer UM in the same amount. You can reject it or choose lower limits only by signing a form approved by the state, headed in bold type with a warning that you are electing not to purchase valuable coverage. If the insurer cannot produce a properly executed form signed by the named insured, the law treats the policy as carrying UM equal to the bodily injury limits. We request the form in every case. What if I don’t remember rejecting UM? →
  3. Every other policy in the household. A spouse’s policy, a parent’s policy if you live at home, a second vehicle, a commercial policy on a work vehicle, and an umbrella policy can all matter. Insurers that sell umbrella or excess auto coverage must offer UM on it, up to the bodily injury limits or $1 million, and many families have it without knowing.

From the Attorney’s Desk

“Insurers have to offer UM coverage, and if the client turned it down there has to be a UM rejection form on file. In my experience it is usually there, but maybe 20 to 25 percent of the time it is missing, it is the wrong form, or it is outdated because the policy changed in a way that required a new rejection. So I always check it, to confirm whether there truly is no coverage and, when there is, to make sure it is included in the claim.”

— Kweku Darfoor, Esq.

Stacked vs. Non-Stacked: Why It Can Double or Triple a Recovery

Florida UM coverage is stacked unless you signed a separate form accepting non-stacked coverage in exchange for a premium discount of at least 20 percent. Stacking means the per-person limit multiplies by the number of vehicles on the policy: $100,000 of stacked UM on three cars is $300,000 of coverage for a Class I insured, in any of those cars, in someone else’s car, or on foot. Class I insureds can also combine stacked coverage across separate policies in the same household.

Non-stacked coverage pays only once. If you are hurt in your own insured car, you get that car’s UM limit. If you are hurt in a car you do not own, or as a pedestrian, the policy still applies, generally as excess over the other vehicle’s coverage. The savings on the premium are small; the difference after a catastrophic injury can be hundreds of thousands of dollars. We read the policy, the form, and the premium history before accepting an adjuster’s word on which one you have. Stacked vs. non-stacked, explained →

Hit-and-Run and Phantom Vehicles

If the driver who hit you fled, or ran you off the road without touching your car, your UM coverage responds as if that driver were uninsured. Florida does not allow an insurer to require physical contact: in Brown v. Progressive Mutual Insurance Co. (Fla. 1971), the Florida Supreme Court held that a person who can prove the accident happened is entitled to recover regardless of whether the vehicles touched.

Proof is the whole case. Call 911 from the scene, get the crash report number, write down every witness, save dashcam and nearby surveillance video before it is overwritten, photograph the debris and the damage, and report the crash to your own insurer promptly; UM policies require notice of a hit-and-run within a short period. The more quickly we are involved, the more of that evidence survives. Hit-and-run UM claims →

How a UM Claim Actually Works

A UM claim is a claim against your own insurer, governed by your policy and by section 627.727. These are the steps that decide most of them.

  1. Notice and PIP. We notify your insurer of the UM claim and make sure PIP is paying what it owes: 80 percent of reasonable medical expenses and 60 percent of lost wages, up to $10,000, if you were treated within 14 days of the crash.
  2. Coverage investigation. We obtain the full policy, the declarations, every UM rejection or non-stacking form, and the policies of every relative in the household, and we confirm the at-fault driver’s coverage, or lack of it, through a written disclosure demand under Florida law.
  3. Your obligations. Your policy has a cooperation clause. The insurer may request a recorded statement, an examination under oath, medical records, and an independent medical examination. We prepare you for each and attend them; these are not formalities, they are where UM claims are won or lost.
  4. The underinsured settlement, done in the right order. If the at-fault driver has some coverage, we usually settle with that insurer first, but only after sending your UM carrier written notice by certified mail. The carrier has 30 days to consent to the settlement or to pay you the amount of the offer itself and pursue the driver in your place. Settling without that notice can forfeit the UM claim entirely.
  5. Proof of damages. Medical records, treating physician opinions on permanency, wage documentation, and life-care planning when the injury is catastrophic. Non-economic damages are recoverable from a UM carrier only if the injury meets the permanency threshold in section 627.737(2).
  6. Demand, negotiation, suit. We present a documented demand with a deadline. If the carrier will not pay the fair value of the claim, we file suit against it in Broward County or wherever venue lies. A UM case is tried like a negligence case, with the carrier defending the uninsured driver’s conduct; the carrier receives a credit for whatever the at-fault driver’s insurer paid.

From the Attorney’s Desk

“If it is your own insurance company, you have a contract with them and very likely a duty to cooperate with their investigation, so you generally do have to give the recorded statement. The at-fault driver’s insurer is different. You do not have to give them a recorded statement at all. When they ask, it is because they want to hear your version and pin you into a corner, and anything you say can be used against you later. My advice is always the same: do not give a recorded statement to the adverse adjuster.”

— Kweku Darfoor, Esq.

Florida Rules That Shape UM Cases

  • Section 627.727, Florida Statutes: UM must be offered equal to bodily injury limits; rejection or lower limits require a state-approved signed form; non-stacked coverage requires a separate signed election and a premium reduction of at least 20 percent; underinsured drivers are “uninsured” to the extent of your damages; the certified-mail notice and 30-day consent rule for underinsured settlements.
  • Permanency threshold (section 627.737(2)): pain and suffering is recoverable from a UM carrier only for a significant and permanent loss of an important bodily function, a permanent injury within a reasonable degree of medical probability, significant and permanent scarring or disfigurement, or death.
  • Comparative negligence (section 768.81): damages are reduced by your percentage of fault, and a plaintiff more than 50 percent at fault recovers nothing. Expect your own carrier to argue fault.
  • Deadlines: two years from the crash to sue the at-fault driver for negligence (section 95.11); five years on the written-contract UM claim, which the Florida Supreme Court has held generally runs from the date of the accident, with tolling in some underinsured cases while the liability claim is resolved. Policies also impose notice and cooperation deadlines that are much shorter.
  • PIP first (section 627.736): $10,000 of no-fault benefits, treatment within 14 days, and a $2,500 cap unless a provider documents an emergency medical condition. UM does not duplicate PIP.
  • Bad faith (section 624.155): a UM carrier that fails to settle a claim it should have settled can be liable for the full value of your damages, even above the policy limits, plus interest and attorney’s fees. The process has strict requirements, described below.

When Your Own Insurer Acts in Bad Faith

An insurer handling a UM claim owes you a duty to investigate fairly and to settle when a reasonable insurer would. When it instead delays, lowballs, demands records it already has, or ignores a documented demand, Florida law provides a remedy, but the path is narrow and the 2023 tort reform law (HB 837) narrowed it further.

A bad-faith claim begins with a civil remedy notice filed with the Florida Department of Financial Services and served on the insurer, which then has 60 days to pay the claim or correct the violation. An insurer that tenders the lesser of the policy limits or the amount demanded within 90 days of receiving actual notice of a claim supported by sufficient evidence cannot be sued for bad faith on that claim. Mere negligence by the adjuster is not bad faith. And the claimant now has a statutory duty of good faith in providing information, making demands, and setting deadlines; a jury may reduce damages if that duty was breached.

Those rules reward disciplined claim handling. Our demands are complete on the day they are sent, supported by the medical and wage evidence the carrier needs to evaluate the claim, and tracked against every statutory deadline. If the carrier still refuses, section 627.727(10) allows recovery of the total damages, including the amount above the policy limits, in a bad-faith action. Is my insurer acting in bad faith? →

What to Do if You Were Hit by an Uninsured or Underinsured Driver

  1. Get medical care within 14 days, even if you feel “just shaken up,” so PIP applies and the injury is documented.
  2. Report the crash to the police and to your own insurer. Reporting a claim is not the same as accepting an offer, and policies require prompt notice, especially for a hit-and-run.
  3. Do not give a recorded statement or sign releases for either insurer before you have advice. In a UM claim, your own carrier’s adjuster is evaluating a claim it may have to pay.
  4. Do not settle with the at-fault driver’s insurer without written consent from your UM carrier. The order of settlement matters.
  5. Gather every policy in your household: yours, your spouse’s, your parents’ if you live with them, any umbrella policy, and any policy on a vehicle you were occupying.
  6. Call us. 833-DARFOOR or text (754) 289-3211. We speak English, Spanish, and Haitian Creole, and we can meet by phone, by video, or wherever you are.

Related Pages and Answers

Hit by an Uninsured Driver? Talk to Us Before You Talk to the Adjuster

UM claims are won on coverage work and documentation that starts in the first weeks. The Injury Advocates handles them from the first call through settlement or trial against your own insurer, with attorney Kweku Darfoor personally involved in every case. The consultation is free, and there is no fee unless we win.

Why UM Clients Choose The Injury Advocates

  • We find the coverage. Stacked limits, household policies, umbrella coverage, and invalid rejection forms turn “no insurance” into a real recovery more often than people expect.
  • Results that reflect it. Recoveries include $2,000,000 for a client severely injured in a truck crash and a $150,000 rear-end collision recovery that exceeded the available policy limits by $50,000. Case results →
  • Direct attorney involvement. Kweku Darfoor handles the carrier, the examination under oath, and the negotiation himself.
  • No fees or costs unless we win. You pay nothing up front.

What Our Clients Say

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Great service. They keep you informed through the entire process. Really felt that Attorney was advocating for his client. Would definitely recommend based experience dealing with the firm.
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I had a great experience with Darfoor Law Firm! Darfoor & Staff was professional, caring, and truly had my best interest at heart. They kept me informed throughout the process and made sure I understood everything. I felt supported every step of the way. I’m very grateful for the outcome and highly recommend them to anyone in need of legal help!
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Not only that he is top in legal advice, he is extremely friendly to talk to, very responsive, and the fee that was charged for the case was very reasonable.

Frequently Asked Questions

Is uninsured motorist coverage required in Florida?

No. Florida requires only $10,000 of personal injury protection (PIP) and $10,000 of property damage liability to register a car. Bodily injury liability is optional for most drivers, and so is UM. Insurers must offer UM in an amount equal to your bodily injury limits, and you can only turn it down or reduce it by signing a state-approved rejection form.

Does UM coverage protect me as a passenger, a pedestrian, or a cyclist?

Usually, yes. Under Florida law, the named insured and relatives who live in the household are covered by the policy’s UM coverage wherever they are hurt by an uninsured or underinsured driver: in their own car, in a friend’s car, in a rideshare, on a bicycle, or on foot. Other people are generally covered only while riding in the insured vehicle.

Does uninsured motorist coverage cover a hit-and-run?

Yes. A hit-and-run driver is treated as uninsured. The Florida Supreme Court has held that an insurer cannot require physical contact between the vehicles; you must prove that the accident happened and that the other driver caused it, which is why a prompt police report, witnesses, and video matter so much.

Will my insurance rates go up if I make a UM claim?

Florida’s insurance code prohibits an insurer from raising your premium or dropping your policy solely because of an accident unless it determines in good faith that you were substantially at fault. A UM claim after a crash caused by someone else should not be used against you.

How long do I have to bring a UM claim in Florida?

Two clocks run at once. The negligence claim against the at-fault driver generally must be filed within two years of the crash. The UM claim is a claim on a written contract with a five-year limitation period that the Florida Supreme Court has said generally starts on the date of the accident, though it can be paused in some underinsured cases while the liability claim is resolved. Evidence and witnesses do not wait five years; neither should you.

Can I make a UM claim if I was partly at fault?

Yes, as long as you were not more than 50 percent at fault. Florida uses modified comparative negligence: your recovery is reduced by your share of fault, and a person found more than half responsible recovers nothing. Your own insurer will argue fault against you exactly as the other driver’s insurer would.

What if I am hurt on a motorcycle?

PIP does not apply to motorcycles, so UM is often the only coverage a rider has for medical bills and lost income. Check whether the motorcycle policy itself carries UM. A car policy’s UM coverage frequently excludes injuries on a motorcycle you own that is insured elsewhere, so we review every policy in the household before anyone assumes there is no coverage.

Legally reviewed by Kweku Darfoor, Esq.
Kweku Darfoor is the founder of The Injury Advocates (Darfoor Law Firm, P.A.), a member of The Florida Bar since 2014, and a Plantation-based personal injury attorney representing seriously injured people and their families across Fort Lauderdale, Broward County, and South Florida. This content is for general information and is not legal advice.

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