Boca Raton Uninsured and Underinsured Motorist Lawyer

Hurt in a Boca Raton crash by a driver with no insurance, or not nearly enough? You are not alone. Florida is one of the only states that does not require most drivers to carry bodily injury liability insurance, the coverage that pays for injuries a driver causes to someone else. Drivers only have to carry $10,000 in personal injury protection (PIP), which covers their own injuries, and $10,000 in property damage liability. As a result, about 1 in 5 Florida drivers (20.6%) has no bodily injury coverage at all, according to the Insurance Research Council. Many drivers who do carry it buy limits of only $10,000, and in our experience, many hospital visits after a Florida crash result in substantial medical bills that often exceed that amount.

That leaves injured people facing one of two problems:

• An uninsured driver. The at-fault driver has no bodily injury coverage at all, or cannot be identified after a hit-and-run.
• An underinsured driver. The at-fault driver has bodily injury coverage, but the limits are far too low to cover serious injuries.

In either case, your own uninsured/underinsured motorist (UM/UIM) coverage can pay the difference, if your policy includes it.

A UM/UIM claim is made against your own insurance company, but that does not mean it will treat you fairly. Once you make a claim, your insurer evaluates it like any other injury claim and often fights it. These claims also have strict rules, and settling with the at-fault driver’s insurer the wrong way can put your UM benefits at risk. Boca Raton car accident lawyer David B. Datny reviews every available policy, pursues the at-fault driver’s coverage and your own UM/UIM coverage at the same time, and holds insurers accountable when they refuse to pay fairly. Before you accept any offer, call us for a free review of your policy.

How UM/UIM Coverage Works in Florida

Uninsured motorist coverage is optional in Florida, but every insurer must offer it. It pays for your injuries when the at-fault driver has no bodily injury coverage, has too little, or cannot be found after a hit-and-run. Unlike PIP, it can pay for the full range of your injury damages, including pain and suffering, up to your UM limits. Florida law generally requires insurers to offer UM coverage with the same limits as your bodily injury liability coverage (§ 627.727, Fla. Stat.).

The Selection/Rejection Form: Why We Always Check It

An insurer cannot simply leave UM coverage off your policy or give you lower limits. To reject UM coverage, or to choose limits lower than your bodily injury limits, the policyholder must do it in writing on a signed selection/rejection form approved by the state.

That form matters. If the insurance company cannot produce a valid, signed form, you are generally treated as having UM coverage equal to your bodily injury limits, even if your declarations page shows none.

In our experience, insurance companies do make mistakes with these forms, and we have caught them and forced carriers to provide UM coverage they first said did not exist. That is why, on every case, our standard investigation includes getting the complete certified policy, every form in the file and the signed selection/rejection form.

Stacked vs. Non-Stacked Coverage

Stacked UM coverage can multiply your limits by the number of vehicles on your policy. Non-stacked coverage does not, and it too must be selected in writing. Your declarations page shows which you have, and we confirm it against the signed forms.

Who UM Coverage Protects

UM coverage in Florida generally follows you, not just your car. It can apply when you are hurt as a driver, a passenger, a pedestrian or a cyclist, and it may extend to household members depending on how your policy is written.

Protecting Your UM Claim

UM claims have their own rules, and a misstep can cost you coverage for your car accident:

• Notice before settling. Florida law requires notice to your UM insurer before you settle with the at-fault driver’s insurer (§ 627.727, Fla. Stat.). Settling the wrong way can put your UM benefits at risk.
• Your insurer becomes the other side. In a UM claim, your own insurer evaluates your injuries like any other claim and may dispute your treatment or the value of your case.
• Holding the insurer accountable. When an insurer refuses to pay a claim fairly, Florida law allows a Civil Remedy Notice, a formal warning that can expose the insurer to liability beyond the policy limits (§ 624.155, Fla. Stat.). We have used this process to get UM carriers to pay.

That is why you should talk to a lawyer before accepting any offer, signing a release or doing anything else to compromise your claim.

Our UM/UIM Results

See more case results. Past results do not guarantee a similar outcome.