Hit by an Uninsured Driver? Here’s What to Do

Getting hit by another driver is never a good thing, but getting hit by an uninsured driver can make things especially stressful. 

Here in Florida, all drivers are required to carry a minimum of $10,000 worth of coverage for both Personal Injury Protection (PIP) and Property Damage Liability (PDL).  However, the state has one of the highest rates of uninsured motorists in the country, with estimates that as many as 20.4% of Florida drivers lack necessary PIP and PDL insurance.

Below, we’ve covered the basics of what to do if you’re hit by an uninsured driver in Florida, including your options for getting full compensation. 

What Happens If You Get Hit by Someone Without Insurance?

Let’s say you’re in rush hour congestion, and the car behind you fails to stop and runs into your rear bumper. You immediately notice neck pain from whiplash, and upon pulling over and getting out of your car, you see that your trunk door is smashed in and a tail light is broken. That’s bad enough, however, after speaking with the at-fault driver, you realize they do not have insurance. 

If you’re in a car accident, the other driver has no insurance, and you experienced personal injury and/or property damage, what you do next can make a big difference in the outcome of your claim. Here’s what to do after getting hit by an uninsured driver so you can increase your chances of getting properly compensated. 

1. File a Police Report: In Florida, you must file a police report within ten (10) days of the incident if injury, death, or property damage above $500 occurred. Even if this is not the case, a police report will strengthen your claim against the uninsured driver and streamline the process ahead. 
2. Gather Evidence: Jot down or take pictures of the make, model, and license plate number of the offending vehicle, the damage to both cars, nearby traffic signs, and anything else that will support your claim later on. 
3. Turn Down Money: Many uninsured drivers will offer money on the spot in order to avoid the fines associated with driving without insurance. It may be tempting to take it, but this will hurt your chances of filing a winning claim. 
4. Swap Information: Get the other driver’s name, address, and phone number, regardless of whether they have insurance or not. Do the same with any witnesses on the scene.

Filing a Claim After a Car Accident When the Other Driver Has No Insurance

As soon as you can, contact your insurance provider and let them know (a) you were in an accident and (b) the other driver did not have insurance. It’s important they know this early on so they can provide you with accurate guidance.

Before calling, make sure to have all the necessary information on hand:

• Your policy number
• Information on the accident (write this down before calling so you don’t leave anything out)
• Uninsured driver’s name and information
• Police report number and name of reporting officer

Florida is a no-fault state. This means that your insurance should pay out the majority of your claim, with the remaining 20% covered by the other driver’s insurance if they were at fault. If you’re hit by an uninsured driver, though, you’re on the hook for that 20%, even if you were completely innocent in what happened. In this scenario, your options for full compensation are to fill in the gap with your own uninsured motorist coverage or, if you don’t have that, to file a personal injury lawsuit. 

Add a quote: something that adds value or provides expert insight into the nuances of uninsured motorist claims (and personal injury lawsuits) that most people wouldn’t know. Something along the lines of “Insurance companies may not inform you of every option available, …”

Will My Insurance Go Up If I Get Hit by an Uninsured Driver?

No, your insurance rate should not be impacted by an accident caused by an uninsured driver. State law prohibits insurance companies from increasing premiums due to uninsured motorist claims, and this includes instances where you file a claim under uninsured motorist coverage.

Talk to a Car Accident Attorney About Your Legal Options

Gordon & Partners car accident attorneys in Florida have more than three decades of experience fighting for personal injury victims, including those who have experienced harm due to the negligent actions of an uninsured driver. Along the way, we’ve recovered more than $1 Billion for our clients and are available to review your case at no cost. We work on a contingency fee basis, so you won’t owe anything until you get a Settlement, Award, or Verdict in your case. Call today for a free consultation with a car accident lawyer, and don’t let an uninsured driver cost you more than you’ve already lost.