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Guides & Insights

When the Other Driver Has No Insurance or Too Little

A driver’s insurance card does not answer whether enough coverage exists for an injury. Start with the policies, the people insured, and the nature of the loss.

Identify the different coverage questions

Uninsured and underinsured motorist coverage concerns qualifying bodily-injury losses involving an at-fault driver with no applicable bodily-injury coverage or insufficient limits. It is different from collision coverage for your vehicle and from PIP benefits. Coverage can be rejected or selected at lower limits under Florida law. Do not assume it exists because a policy is described as “full coverage.”

Gather more than the declarations page

Who qualifies as an insured and which limits may apply require a policy-specific review. Several vehicles or policies do not automatically produce a particular recovery.

  • The complete policy and endorsements in effect on the crash date.
  • Any signed UM selection, rejection, or non-stacking forms.
  • Policies covering vehicles in your household and information about who lived there.
  • The other insurer’s coverage correspondence and proposed releases.
  • Records of injuries, treatment, missed work, and out-of-pocket expenses.

Get advice before releasing another party

A proposed settlement can affect more than the claim against the other driver. Before signing, ask whether another insurer needs notice, consent, or an opportunity to act. Preserve each letter and the date received.

A coverage review should address fault, the connection between the crash and injuries, available limits, policy conditions, and the proposed settlement terms. Neither the existence of a policy nor its stated limit guarantees a payment.

Primary sources

Florida injury questions and answers · How a case works

Get advice about your circumstances

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General information, not legal advice. Reading this guide or submitting an inquiry does not create an attorney-client relationship or stop a deadline.

Clear fee policy

Free consultations. No fees or costs if there is no recovery.

Personal injury matters are handled on a contingency-fee basis. Attorney’s fees and reimbursement of advanced case costs are paid only from a recovery obtained through settlement or verdict, as provided in the written fee agreement.