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.

Layering Policies and Maximizing Coverage

The first task in any serious UM case is to find every policy that could respond. A passenger injured in a friend's car can typically reach the host vehicle's UM, the passenger's own household UM, and sometimes the UM of a resident relative — stacked or layered depending on how the policies were written. A pedestrian or cyclist struck by an uninsured driver can reach the household UM on any car in the household. Rideshare drivers and passengers may have access to Uber's or Lyft's contingent UM coverage under § 627.748 depending on driver status at the moment of the crash. A thorough workup pulls the declarations and rejection forms for every household auto, umbrella, and commercial policy that might apply.

PIP Setoff and Other Benefits

Florida law requires a PIP setoff from UM recovery for the same elements of damage — the UM carrier does not pay medical bills twice. Health insurance, MedPay, and Medicare or Medicaid reimbursement rights also interact with the UM recovery. Hospital lien statutes under § 768.78 and federal Medicare Secondary Payer rules can take a meaningful bite out of an unsupervised settlement.

Presentment and the Demand Process

A UM claim begins with formal presentment — a written demand identifying the policy, date of loss, available liability coverage, and damages, supported by medical records and a clear permanency theory under § 627.737. A time-limited demand within UM limits sets up any later bad-faith case under § 624.155. Under HB 837, the carrier has a 90-day safe-harbor window from "actual notice" supported by sufficient evidence to tender the lesser of policy limits or the demand and avoid bad-faith exposure.

Statutes of Limitations on UM Claims

A UM claim is a contract action against the insured's own carrier; under § 95.11(2), the limitations period is five years from breach. The underlying tort claim against the at-fault driver is governed by the two-year limitations period under § 95.11 (shortened by HB 837 in March 2023 from four years to two). The two clocks are different, and an injured person who waits four years on the UM theory can find the tort case time-barred.

Evidence to Preserve in a UM Case

The Florida Traffic Crash Report and any short-form driver exchange
Photographs of the scene, vehicles, and visible injuries
Witness contact information — particularly important in hit-and-run cases
Surveillance video from nearby businesses or traffic cameras (request preservation in writing within days)
The at-fault driver's declarations page and proof-of-coverage filing with the Florida DHSMV
Your own policy, declarations, UM rejection/selection form, and stacking election form
Any household-member policies and umbrella policies
Medical records establishing permanency in § 627.737 language

What to Do After a UM Crash

Call 911 and ensure a Florida Traffic Crash Report is generated, including any hit-and-run narrative.
Photograph the scene, all vehicles, and any visible injuries.
Identify witnesses immediately and get phone numbers, not just names.
Seek medical evaluation within 14 days to preserve PIP and establish causation.
Request your own policy with declarations, UM rejection, and stacking forms within days of the crash.
Do not give a recorded statement to the at-fault driver's carrier or your own UM carrier without counsel.
Do not sign any release or settle with the at-fault driver without written notice to your UM carrier and an opportunity for the carrier to advance or "buy out" the tortfeasor's limits.

Common UM Defense Tactics

"The UM rejection is valid." The carrier produces a rejection form and argues the insured knowingly waived UM. We test the form against the strict § 627.727(1) requirements — a defective rejection means the policy is reformed to include UM at the bodily-injury limits.
"Non-stacked applies." The carrier asserts the cheaper non-stacked election; we test that form too, because stacking elections are presumed unless the carrier proves a compliant written election.
"No physical contact." In a hit-and-run case, the carrier denies coverage for lack of contact with the phantom vehicle. We document any contact with debris, mirror, or roadway evidence that may satisfy the contact requirement.
"The injury preexisted." Defense subpoenas every prior medical record. We work with treating physicians to separate acute trauma from baseline degeneration.
"Not permanent." The carrier's IME doctor opines no permanent injury under § 627.737, capping recovery at economic damages.

Frequently Asked Questions

Does my UM coverage apply if I was riding in someone else's car?

Yes. UM follows the person. Your own household UM coverage applies when you are a passenger in another vehicle, a pedestrian, or a cyclist.

What if the at-fault driver was uninsured and I rejected UM?

Your only recovery is against the at-fault driver personally. Most uninsured drivers have no meaningful assets, which is why UM rejection is the single most regrettable insurance decision Floridians make.

Can the UM carrier subrogate against the at-fault driver?

Yes, but the practical recovery is usually nominal.

Do I tell the jury this is a UM case?

No. Under § 627.4136 and Florida procedure, the existence of UM coverage and the carrier as defendant is generally not disclosed to the jury. The case is tried as if the at-fault driver were the named defendant.

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.