Uninsured Motorist Insurance (UM)
Chapter 627 Section 727 - 2022 Florida Statutes (flsenate.gov)
In order to collect money due to injuries in a car crash the other driver must have insurance called Bodily Injury Insurance (BI) also known as liability insurance. It is very difficult, if not impossible, to collect money from someone who does not have this type of insurance in the state of Florida. However, we at Kreutzer Law Offices, can and will perform an asset search to determine if the at-fault party has sufficient assets to attempt to collect on through a lawsuit. In the state of Florida, drivers are not required to have Bodily Injury or liability insurance and therefore many injured people are left with no recourse at all. This is why having Uninsured/Underinsured Motorist coverage (UM/UIM) is very important. This will allow you to bring a claim and/or lawsuit against your own insurance company for your permanent injuries.
Even if you do not have Uninsured Motorist Coverage (UM), there is still a possibility of requiring your insurance to pay your claim, if they did not comply with Florida law. Florida law requires that all drivers in Florida sign a rejection of UM coverage. There are specific requirements for this signed document and if the insurance company did not comply with the statute you may have uninsured motorist coverage. The Florida Statute link is above which explains in detail this area of the law. Therefore, please contact our office if you are in this sort of a situation and we will obtain and rewiew the UM rejection form to determine if it complies with Florida law.
It is vital that you discuss with your insurance agent the fact that you want to make sure have Uninsured Motorist/Underinsured Motorist coverage. An additional premium is required for this coverage, however it will be worth the expense if you happen to be injured in an automobile accident with an uninsured or underinsred driver. Do not let your agent or your friends tell you that you have or they have “full coverage”. Full coverage does not mean that you have Uninsured/Underinsured Motorist coverage. You need to make sure you have Uninsured/Underinsured Motorist insurance and pay the premium for this coverage.
If the party that injured you had no BI or Liability insurance, you can bring a claim against your own insurance company for your injuries under your Uninsured Motorist insurance. If the party that injured you had some BI or liability insurance, but your injuries are greater than their policy limits, that is when you can still bring a claim against your own insurance company as the party that injured you was Underinsured. A sample Complaint/Lawsuit for Uninsured Motorist Coverage is below.
Please discuss this with your insurance agent or feel free to call our office. We are here for you to bring a claim for your personal injuries against the at fault party and/or against your own insurance company for Uninsured and/or Underinsured motorist benefits.
