1 in 8 drivers on the road are uninsured. If you’re hit by one, confusion about insurance claims and legal rights can leave you stressed and financially strained, and it’s recommended that you seek legal advice.
This guide breaks down exactly what to do after an accident with an uninsured driver, how insurance works (even if you’re uninsured), and how to protect yourself—especially in Florida, where 25% of drivers lack coverage.
Steps After Being Hit by an Uninsured Motorist
Step 1: Stay Calm, Call 911
Even if injuries seem minor, always call the police. A police report is your golden ticket for proving fault later. In Florida, failing to report an accident involving injuries can lead to legal penalties.
Step 2: Gather Evidence
- Take photos of the vehicles, damage, license plates, and road conditions.
- Ask for their insurance card. If they refuse, notify the police—it’s illegal to drive without insurance in most states.
- Write down the uninsured driver’s name, contact info, and license number.
- Get contact details from witnesses.
How a Lawyer Can Help: A car accident lawyer can later use this evidence to build a rock-solid case. Without it, insurers might downplay your claim.
Step 3: Never Admit Fault—Even If You’re Shaken Up
Uninsured drivers may pressure you to “settle privately.” Politely decline. A simple “Let’s let the police handle this” protects your rights.
Legal and Insurance Options if Hit By Uninsured Driver
If You Have Uninsured Motorist (UM) Coverage
When you have Uninsured Motorist (UM) Coverage, you’re getting extra insurance that protects you if someone without insurance hits you. This coverage will pay for your medical bills and car repairs, and it’s important to file your claim right away.
In Miami, Florida, you can combine (or “stack”) UM coverage if you have multiple cars, which gives you more protection. One important thing to know is that insurance companies often try to pay less than they should for these claims, which is why some people get car accident lawyers to help.
If You Don’t Have UM Coverage
If you don’t have UM coverage, the first option is to try to sue the driver who hit you. However, this often doesn’t work well because most uninsured drivers won’t have money to pay you.
The second option is state compensation programs, but Florida doesn’t have any special programs to help in this situation. An auto accident lawyer might be able to help by finding ways the other driver could pay over time, like taking a portion of their future paychecks.
What If Your Car Is Insured but the Driver Isn’t?
When it comes to letting others drive your car, if you let someone borrow it, your insurance usually covers them. But here’s the catch: if you let someone drive who wasn’t supposed to, like someone not listed on your policy, your insurance might not pay anything, and you’d have to pay all the costs yourself.
What If They Can’t Pay?
If an uninsured driver has no money or assets, getting compensation will be difficult. Filing a lawsuit might seem like the logical step, but it often leads to dead ends if the driver has nothing to lose. If you have uninsured motorist (UM) coverage, filing a claim with your own insurer is faster and more reliable.
Lawsuits work best for drivers with assets (like property or savings). For others, UM coverage is your option.
In Florida, courts can order wage garnishment too – taking up to 25% of income directly from the driver’s paycheck to repay you. But this only works if the driver has a steady job. If they’re unemployed or change jobs often, garnishment fails.
Garnishment requires a court order and without a lawyer the process is overwhelming. Auto accident lawyers can help seize tax refunds, bank accounts or even sell personal property.
Understanding Insurance Rates
Will My Insurance Go Up If I Get Hit by an Uninsured Driver?
If the accident wasn’t your fault, and you got hit by an uninsured driver, Florida law says insurance companies aren’t supposed to raise your rates. However, insurance companies might still look closely at your overall driving history and risk level.
A helpful tip is to ask your insurance company if they have “accident forgiveness” – this is a special program where they promise not to raise your rates after your first accident.
What If You Hit an Uninsured Driver?
If you hit someone who doesn’t have insurance, what happens next depends on your own insurance status.
- If you have insurance, your insurance will pay for the damage you caused to the other person.
- If you don’t have insurance, you’ll have to pay everything yourself. In Florida, driving without insurance is serious – you could get fined, lose your license, and even get sued.
Finally, if the other person decides to sue you, it’s good to have a car accident attorney. They can help protect you if the other person tries to claim more money than they should.
Conclusion: Protect Your Rights
Being hit by an uninsured driver can leave you feeling trapped—medical bills pile up, insurers push back, and the at-fault driver has no way to pay. But you’re not powerless. By documenting the accident thoroughly, leveraging uninsured motorist (UM) coverage, and understanding Florida’s unique laws, you can fight for the compensation you deserve.
Remember:
- Evidence is key. Photos, witness statements, and police reports make or break your case.
- UM coverage is a lifeline. If you have it, use it—but don’t let insurers lowball you.
- Lawsuits aren’t always the answer. Chasing drivers with no assets wastes time and money.
Insurance companies prioritize profits, not people. Without legal guidance, you risk accepting unfair settlements or missing deadlines that erase your rights. At Dolan Dobrinsky Rosenblum Bluestein, LLP, our Miami car accident attorneys level the playing field. We’ve helped hundreds of Floridians recover medical costs, lost wages, and repair bills—even when the other driver is uninsured.
Call 305-371-2692 today for a free, no-obligation consultation. Florida’s 4-year statute of limitations may seem long, but evidence fades fast—reach out now to secure your rights.