Orlando Uninsured Motorist Claims

The Reality of Uninsured Drivers in Orlando

Florida has one of the highest rates of uninsured motorists in the country. Despite mandatory insurance laws, many drivers ignore these requirements or carry only the minimum $10,000 in Personal Injury Protection (PIP) and Property Damage (PD) coverage. This means that if you are seriously injured, the at-fault driver may have zero assets or insurance to cover your medical bills, lost wages, and pain and suffering. This is where Uninsured Motorist (UM) coverage becomes your most critical asset.

Understanding UM and UIM Coverage in Florida

Uninsured Motorist (UM) and Underinsured Motorist (UIM) coverage are optional but highly recommended additions to your Florida auto insurance policy. In Florida, if you purchase Bodily Injury (BI) liability coverage, your insurance company must offer you UM coverage in an equal amount, unless you specifically reject it in writing.

• Uninsured Motorist (UM): Protects you if the at-fault driver has no insurance at all, or if you are the victim of a hit-and-run accident where the driver cannot be identified.
• Underinsured Motorist (UIM): Protects you if the at-fault driver has insurance, but their policy limits are too low to cover the full extent of your damages.

UM/UIM coverage follows you, not just your car. It can cover you if you are injured as a passenger in someone else’s car, as a pedestrian, or even while riding a bicycle, provided the accident involves a motor vehicle.

Florida Law Governing UM/UIM Claims

Several Florida statutes and legal principles govern these claims:

• Florida Statutes § 627.727: This is the primary statute governing UM/UIM coverage in Florida. it requires insurers to provide UM coverage unless it is rejected in writing by the named insured.
• Stacked vs. Non-Stacked Coverage: Florida allows you to “stack” UM coverage across multiple vehicles on your policy or even across different policies in the same household. Stacking significantly increases the total amount of coverage available to you.
• Bad Faith Claims: If your insurance company fails to settle your UM claim in good faith when they had the opportunity to do so, you may have a separate claim for insurance bad faith under Florida Statutes § 624.155.
• Statute of Limitations: Because a UM/UIM claim is a breach of contract claim against your own insurer, you generally have five years from the date of the accident to file a lawsuit in Florida (Florida Statutes § 95.11).

Types of Damages Recoverable in UM/UIM Claims

UM/UIM coverage is designed to provide the same benefits you would have received from the at-fault driver’s insurance if they had been properly insured. You can recover:

• Medical expenses: Past and future hospital bills, surgeries, physical therapy, and medications that exceed your PIP coverage.
• Lost wages: Income lost while you were unable to work, plus loss of future earning capacity.
• Pain and suffering: Compensation for the physical pain and emotional distress caused by the accident.
• Loss of enjoyment of life: Impact on your ability to engage in hobbies and daily activities.
• Wrongful death damages: If a loved one was killed by an uninsured driver, UM coverage can provide compensation for funeral expenses and loss of support.

Insurance Company Tactics in UM/UIM Cases

Even though you are their customer, your insurance company becomes your adversary in a UM/UIM claim. They may use several tactics to minimize your payout:

1. Disputing liability: Arguing that you were partially or entirely at fault for the accident to reduce their exposure under Florida’s comparative negligence rules.
2. Challenging the severity of injuries: Claiming your injuries are pre-existing or not as severe as you and your doctors claim.
3. Lowball offers: Offering a small settlement quickly, hoping you will sign away your rights before you understand the full extent of your future medical needs.
4. Delaying the claim: Dragging out the investigation or requesting unnecessary documentation to pressure you into accepting less.
5. Misrepresenting coverage: Claiming you don’t have UM coverage or that it doesn’t apply to your specific situation.

Why Hiring an Orlando Uninsured Motorist Lawyer Matters

Navigating a claim against your own insurance company requires a specific set of legal skills. An experienced attorney from Campione Law will:

• Review your policy: Identifying all available layers of coverage, including potential stacking opportunities you may not be aware of.
• Investigate the at-fault driver: Confirming they are truly uninsured or underinsured and checking for other potential sources of recovery (e.g., an employer if they were working).
• Document your damages: Working with medical experts and economists to build a comprehensive case for the full value of your claim.
• Handle all communications: Protecting you from making statements that the insurance company could use against you.
• Litigate and go to trial: We are not afraid to take your own insurance company to court if they refuse to offer a fair settlement. Our trial-ready reputation often forces insurers to be more reasonable.

Steps to Take After an Accident with an Uninsured Driver

1. Call the police: Ensure an official accident report is filed. This is crucial for identifying the at-fault driver and documenting the scene.
2. Seek medical attention: See a doctor immediately, even if you feel fine. Adrenaline can mask symptoms of serious injuries.
3. Document the scene: Take photos and video of the vehicles, the surrounding area, and any visible injuries.
4. Identify witnesses: Get names and contact information for anyone who saw the accident.
5. Report the claim to your insurer: Notify your insurance company that you were involved in an accident with an uninsured driver, but do not give a recorded statement.
6. Do not sign anything: Avoid signing any releases or accepting any checks from your insurer until you’ve consulted a lawyer.
7. Contact Campione Law: For a free evaluation of your policy and your case.

How Campione Law Helps Injury Victims

Campione Law, P.A., founded by Christopher D. Campione, Esq., brings an aggressive, litigation-focused approach to UM/UIM claims. We serve clients throughout Florida from our Jacksonville headquarters, with a dedicated focus on Orlando-area car accident victims. Our firm operates on a contingency fee basis—you pay nothing unless we win your case. We have the resources and experience to take on major insurance carriers and fight for the maximum compensation you are entitled to under your policy.

Frequently Asked Questions

What is the difference between UM and UIM?

UM (Uninsured Motorist) applies when the at-fault driver has no insurance. UIM (Underinsured Motorist) applies when the at-fault driver has insurance, but their limits are too low to cover your damages.

Will my insurance rates go up if I file a UM claim?

Under Florida law (Florida Statutes § 626.9541), an insurance company cannot raise your rates solely for filing a claim for an accident that was not your fault.

What is “stacking” in UM coverage?

Stacking allows you to combine the UM limits for multiple vehicles. For example, if you have two cars with $25,000 in UM coverage each, stacking allows you to access $50,000 in coverage for a single accident.

Does UM coverage apply to hit-and-run accidents?

Yes. In Florida, a hit-and-run driver is considered an uninsured motorist for the purposes of your UM coverage.

How long do I have to file a UM lawsuit in Florida?

Because it is a contract claim, you generally have five years from the date of the accident to file a UM/UIM lawsuit (Florida Statutes § 95.11).

Internal Link Suggestions

• Orlando Car Accident Lawyer
• Orlando Personal Injury Lawyer
• Orlando Insurance Bad Faith Lawyer
• How Insurance Companies Evaluate Injury Claims
• Florida Personal Injury Statute of Limitations

Contact Campione Law, P.A. Today

If you or a loved one has been injured by an uninsured or underinsured driver in Orlando, don’t let your insurance company minimize your claim. Contact Campione Law, P.A., for a free, no-obligation consultation. Call us at 904-990-8400 or email [email protected]. We fight for maximum compensation—you pay nothing unless we win.

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