In Florida, it is important to know what vehicles are covered by UM. If you were injured in a Florida car wreck, would the car, truck, moped, taxi, or ATV you were occupying be covered by your (or any) UM policy?
You may have bought uninsured/underinsured motorist (UM) coverage as optional insurance. UM insurance is designed to protect you if the at-fault driver does not have bodily insurance (BI) coverage.
As Florida car accident attorneys, we cannot express enough the importance of UM coverage. If serious injury happens to you or a family member and the negligent driver has little or no bodily injury insurance, you can make a personal injury claim under your own UM policy to compensate for economic and non-economic damages up to the limit stated in your policy.
Speak with an experienced Florida attorney at our firm today.
Call 855-Kramer-Now (855-572-6376).
We explain who is covered by UM in a Florida car accident here.
But it is also important to know what types of vehicles are included under a UM insurance policy.
We can generally group vehicle types as: Automobiles, Motorcycles, Mopeds, and ATVs/Off-road Vehicles.
Automobiles:
Cars (including taxis), trucks—and depending on your policy’s terms and definitions, motorcycles—would be covered. Even if the automobile is not insured under the insured’s policy, as long as the automobile is owned by a resident relative, it is covered.
Motorcycles
UM coverage of motorcycles may apply depending on various conditions:
- If you have UM coverage on a car, it may cover you on the motorcycle depending on policy terms. UM may apply when the term “motorcycle” or terms synonymous with motorcycle are included within the policy as covered vehicles, or the term “motorcycle” is otherwise not specifically excluded from coverage under the policy.
- Coverage may also depend upon who owns the motorcycle. If you do not own the motorcycle and suffered injuries while operating the motorcycle – and you are an insured under any UM policy – you may make a claim under the UM coverage for personal injury compensation and damages.
- You generally are protected by UM if you have stacking UM coverage. This increases the UM insurance by the number of vehicles you own, and means that you may file a claim under UM if you are the owner of the motorcycle and regardless of whether the motorcycle is insured for UM coverage.
- On the other hand, non-stacking UM applies UM coverage on a particular vehicle only. That means (1) you can only get the amount of UM coverage that you bought on the motorcycle and (2) you can recover that amount only if you are operating that motorcycle but do not own the motorcycle.
Mopeds
Mopeds present unique scenarios in Florida personal injury matters. Under Florida statute, a moped is not considered to be a “motor vehicle.” Yet your specific insurance policy language may define mopeds, scooters or similar modes of light transportation as motor vehicles. In which case UM insurance may cover you or others while operating or riding a moped, for injury inflicted by a negligent motorist.
ATVs / Off-road Vehicles
Policy language and terms may exclude ATVs, dune buggies, 4-wheelers, 3-wheelers and other off-road vehicles from UM coverage.
The Basis for UM Coverage
The reality is that about one-half of the drivers in Florida have insufficient or zero bodily injury liability protection. Uninsured/Underinsured Motorist insurance coverage aims to protect law abiding, blameless motorists who are personally injured by the reckless or careless conduct of uninsured or underinsured drivers.
With that in mind, Florida case law supports that UM statutes are not to be undermined by special exclusions and omissions written into policies by the insurer. UM is also not intended to replicate payments available otherwise (e.g., disability or worker’s compensation).
Questions? Contact TK Law in Orlando
There may be no insurance more important in Florida than UM. And there is not much that is more confusing than Florida’s car insurance laws and specifically UM coverage. TK Law attorneys are ready and able to answer your car accident and insurance questions.
Even if you think options are not in your favor, give us a call so we can help you understand your personal injury damages and available insurance coverage.
Speak with an experienced Florida attorney at our firm today, or call 855-Kramer-Now (855-572-6376). Our full-service law firm is here to protect you and your family for a lifetime, and not just one incident.