In addition to Florida’s mandatory PIP coverage, Florida residents may purchase different types of insurance.
One of them is Uninsured / Underinsured Motorist, aka “UM.” It is purchased voluntarily as an important additional insurance to supplement PIP. The purpose of UM is to ensure that you have full auto insurance coverage when
- an at-fault motorist has insufficient liability insurance, or
- in a hit-and-run accident or other situation where the at-fault driver cannot be identified.
The most common scenario is for UM to pay the insureds for injuries sustained as a result of a negligent driver—when that negligent driver either does not have any bodily injury liability (BI) insurance coverage, or does not have enough BIL coverage.
Basically, if the at-fault driver has no liability coverage, your Uninsured Motorist policy will pay compensation. If the at-fault driver has insufficient liability insurance to cover your injuries resulting from an accident, your Underinsured Motorist will provide coverage. Collectively, both types are referred to as UM.
Speak with an experienced Florida attorney at our firm today.
Call 855-Kramer-Now (855-572-6376).
Who Does UM Cover?
In addition to the policy holder, standard UM policies generally cover the spouse and any relatives who live with the policyholder. UM coverage also typically extends to passengers of the automobile at the time of the accident.
UM insurance follows the insured individuals, not the car. This means UM covers all insureds whether they are riding in your car, riding in another person’s car or are pedestrians or riding a bicycle and are hit by a car. UM also covers insureds in a hit-and run accident.
What Does UM Cover?
UM Insurance pays for medical bills, income loss, (beyond what PIP covered), pain and suffering, bodily injury, sickness, disease or death resulting from a motor vehicle accident that you and/or your passengers and family members sustain.
Each UM policy pays up to the policy amount purchased. Because so many Floridians drive with only the minimum PIP coverage, purchasing sufficient UM insurance is the only way to be ensured that you and your loved ones truly have “full” auto insurance coverage.
All insurance companies are required to offer UM insurance coverage to consumers, as part of their product line. Florida drivers are required to sign a statement declining UM coverage to show they elected not to include UM coverage in their policy.
What happens if the at-fault driver does not have BI and you do not have UM?
If you do not have UM, and the other driver has no bodily injury insurance, no matter how badly you are injured, you will not be able to recover anything from the insurance carrier other than the initial PIP coverage for medical expenses and lost wages — i.e., no pain and suffering, emotional damages, loss of quality of life and other non-economic damages.
Generally in this case, you have the right to bring a judgment against the at-fault driver for damages you have suffered due to their negligence. This means going after the responsible party’s personal assets.
How a Florida Uninsured Motorist Lawyer Can Help
If you were in a collision with a driver who did not have proper insurance coverage or is underinsured, you may be worried about how your medical costs and other losses will be covered. TK Law offers determined and skilled representation to persons injured by motorists with little or no insurance.
Even if you have uninsured / underinsured coverage, you may encounter resistance. Your insurance company may try to unfairly deny or limit the amount you are compensated. This is a tactic we are fully prepared for and ready to quash.
At TK Law, we explore every possible avenue for pursuing our client’s claim, and fight to maximize recovery. Our attorneys have a strong history of dealing firmly with insurance companies and will not hesitate to pursue a bad faith insurance claim, if necessary.
Contact us to learn about your options for pursuing compensation. TK Law represents victims and their families in Orlando and the surrounding communities.