Tyler Gross | April 17, 2025 | Car Accidents
Florida is a no-fault car insurance state. Drivers must have a minimum of $10,000 in Personal Injury Protection (PIP) insurance coverage. No-fault insurance pays a portion of your medical bills and lost wages if you are in a car accident, regardless of whether you or the other driver caused the crash.
Generally, drivers cannot file claims against the party responsible for causing the car accident. They are limited to their PIP benefits. However, if you sustain a serious injury, you can pursue a fault claim against the driver who caused the crash.
Unfortunately, Florida does not require drivers to purchase liability insurance coverage. Liability insurance pays accident victims for damages when an insured driver causes a crash. If a driver does not have liability insurance, you would need to file a lawsuit against the driver and take them to court.
However, if you have uninsured motorist coverage on your insurance policy, you might receive a settlement without having to file a lawsuit.
What Is Uninsured Motorist Coverage and Why Is It Important in Florida?
Uninsured motorist (UM) coverage is an optional insurance policy you can purchase through your car insurance provider. If you are in an accident caused by an uninsured driver or hit-and-run driver, you can file a claim for damages with your insurance company.
UM coverage is important in Florida because drivers are not required to purchase liability insurance. Therefore, if an uninsured motorist causes your accident and does not have sufficient personal assets to pay your claim, you may be left with a substantial financial loss that you cannot afford. UM insurance can provide the money you need after an accident.
What Types of Damages Can I Receive for an Uninsured Motorist Claim in Crestview, FL?
An uninsured motorist claim can include economic and non-economic damages, which is more than what PIP generally provides. You may recover compensation for your:
- Medical bills
- Disabilities and impairments
- Lost wages and unemployment benefits
- Out-of-pocket expenses
- Disfigurement and scarring
- Rehabilitative therapies and treatment
- Personal care and household services
- Mental anguish and emotional distress
- Loss of enjoyment of life and quality of life
- Diminished earning capacity
- Pain and suffering
The amount you receive depends on many factors. Your injuries and financial losses are factors. However, your insurance coverage and ability to prove fault are factors in an uninsured motorist claim.
Proving Fault for an Uninsured Motorist Claim in Florida
Unlike PIP coverage, you must prove fault to recover compensation for an uninsured motorist claim. Generally, you must have evidence proving the following:
- The other driver had a duty of care to follow traffic laws and drive with caution to avoid accidents
- The driver breached the duty of care through their actions or omissions
- The breach of duty was the proximate and direct cause of the car accident
- You incurred damages and sustained injuries because of the car accident
If your insurance company denies your claim, you may need to file a lawsuit against the company. Even though you are working with your insurance company, you should treat the claim cautiously.
The insurance adjuster assigned to your claim treats your case like all other claims. The priority is protecting the insurance company from liability, not doing what is in your best interests.
What Is the Statute of Limitations for Uninsured Motorist Claims in Florida?
Florida has a two-year statute of limitations for most car accident claims. However, some exceptions could change the deadline. Furthermore, the deadline may differ in the event that you need to sue your insurance company for failing to pay a UM claim.
The best way to avoid losing your right to file a car accident lawsuit is to schedule a free consultation with a car accident lawyer as soon as possible. An attorney reviews your case to determine your options and deadlines for filing claims.
What Should I Do After a Uninsured Motorist Accident in Florida?
Do not confront a driver or discuss blame after a car accident. Instead, call 911 to report the accident and focus on documenting the accident scene. Gather evidence by taking photographs, making videos, and asking witnesses for their information.
Seek immediate medical attention for your injuries. Failing to seek prompt medical care could hurt your case.
Never admit fault after a car accident. When you talk to the police, give them the facts without making assumptions about fault. Until you meet with an attorney, it is unwise to assume you do not have grounds for a claim.
Call a car accident attorney for a free case evaluation. A lawyer is the best source of information about your legal rights and options.
Contact Our Car Accident Law Firm in North Florida
If you’ve been injured in an accident, please contact our experienced car accident lawyers in Florida at Gross & Schuster Injury Lawyers to schedule a free consultation today. We have five convenient locations in Pensacola, Navarre, Crestview, Milton, and Mary Esther.
Gross & Schuster Injury Lawyers – Pensacola Office
803 N Palafox St
Pensacola, FL 32501
Phone: (850) 434-3333
Gross & Schuster Injury Lawyers – Navarre Office
9933 Navarre Pkwy
Navarre, FL 32566
Phone: (850) 757-2898
Gross & Schuster Injury Lawyers – Crestview Office
1501 S Ferdon Blvd
Crestview, FL 32536
Phone: (850) 407-7726
Gross & Schuster Injury Lawyers – Milton Office
6373 US-90
Milton, FL 32570
Phone: (850) 790-7790
Gross & Schuster Injury Lawyers – Mary Esther Office
151 Mary Esther Blvd Suite 103A
Mary Esther, FL 32569
Phone: (850) 809-0170