Uninsured Motorist Claim Lawyer in Miami

Florida has one of the worst uninsured-driver problems in the country — an estimated one in five Florida drivers carries no liability insurance at all, and many of those who do carry only the bare minimum that Florida law allows. That is why uninsured/underinsured motorist coverage (UM/UIM) is the single most important coverage you can buy. When the at-fault driver has no insurance, not enough insurance, or is a hit-and-run that fled, your own UM coverage stands in their shoes and pays your damages up to the policy limits. The Law Offices of Albert Goodwin handles UM and UIM claims throughout South Florida.

What UM/UIM Coverage Pays

UM coverage steps in when the at-fault driver is uninsured. UIM coverage steps in when the at-fault driver has insurance but the limits are inadequate to fully compensate your injuries. In both cases the UM/UIM carrier pays the same categories of damages a liability insurer would:

• Past and future medical bills
• Past and future lost wages and earning capacity
• Pain and suffering
• Loss of enjoyment of life
• Permanent impairment and disfigurement
• Wrongful death damages for survivors

UM Is Not Required in Florida — But It Should Be

Florida does not require UM coverage. When you buy a Florida auto policy, the carrier must offer UM coverage in writing and you must affirmatively reject it (or reject the higher limit) in writing under § 627.727. Many drivers reject UM to save a small amount on the premium and then discover after a crash that they have no source of recovery against an uninsured driver — and that the at-fault driver has nothing worth pursuing in a lawsuit. The form of the rejection matters: a UM rejection that does not meet the statutory requirements is invalid, and a court can reform the policy to include UM coverage equal to the bodily-injury liability limits.

Stacked vs. Non-Stacked Coverage

"Stacked" UM coverage allows you to add together the UM limits of every vehicle on the policy. A $100,000 UM limit with three vehicles on a stacked policy provides $300,000 in available coverage. "Non-stacked" UM (the cheaper option) provides only the limits on the vehicle the insured was occupying at the time of the crash. The carrier must obtain a written election of non-stacked coverage; otherwise, the policy is presumed stacked. The form of the election is highly technical, and improper stacking elections are a frequent source of additional recovery.

Hit-and-Run Crashes

A driver who flees the scene of a crash counts as "uninsured" for UM purposes. Two things matter:

• Report the hit-and-run promptly to law enforcement. A Florida Traffic Crash Report is essentially required to confirm the hit-and-run status of the unknown vehicle.
• Physical contact may be required. Florida courts have generally required physical contact between the unknown vehicle and the claimant's vehicle (or person) to establish a UM hit-and-run claim. "Phantom vehicle" cases — where another driver swerved and caused you to crash without ever touching you — are often denied.

Common UM Cases We Handle

• Crashes caused by uninsured or hit-and-run drivers
• Crashes where the at-fault driver's liability limits are too low
• Pedestrian and bicyclist UM claims — UM follows the person, so your own UM can apply when you were not even in a car
• Crashes in which you were a passenger in another vehicle
• Rideshare UM claims under § 627.748 (Uber/Lyft must carry UM for their drivers and, in some periods, for passengers)
• Stacking and rejection disputes that increase available limits

How a UM Claim Is Different

Mechanically, a UM claim is filed against your own insurance carrier. Strategically, that changes the dynamic: the carrier you have paid premiums to is now adversarial. Coverage issues (validity of UM rejection, stacking elections, residency, named-insured status), policy exclusions, and the carrier's own defenses now sit on top of the underlying liability case. A UM lawsuit in Florida goes to a jury just like a liability case, but the existence of UM coverage is generally not disclosed to the jury under § 627.4136 (the "non-joinder" statute) and Florida procedure rules.

Bad Faith on a UM Claim

If your UM carrier wrongfully refuses to pay benefits owed under the policy, a first-party bad faith claim under § 624.155 may be available after the underlying claim is resolved. A properly served Civil Remedy Notice (CRN) and a 60-day cure period are statutory prerequisites. A successful bad-faith case can result in recovery of the full value of the verdict — including amounts above the policy limits — plus attorneys' fees.

Do Not Settle the Underlying Liability Case Without Telling Your UM Carrier

Florida's UM statute requires the insured to give the UM carrier written notice and an opportunity to "buy out" the liability tortfeasor's policy limits before settling with the at-fault driver. If you settle the liability case without complying, you can lose your UM rights. We handle this notice procedure on every case where UM is potentially in play.

If you have been injured by an uninsured, underinsured, or hit-and-run driver in Miami-Dade or Broward County, contact the Law Offices of Albert Goodwin. Call 786-522-1411 or email [email protected] for a free consultation. There is no fee unless we recover for you.