Here’s a fact: Florida ranks 14th in having the worst drivers in America with 189 DUI arrests and 18 collision deaths per capita in 2020 alone. As bad as it sounds, it’s actually an improvement from 2016 when Florida topped the same chart.

Here’s another fact: Florida has also ranked the sixth-worst state in the nation for uninsured motorists, with 20.4% of its drivers driving without insurance based on 2019 numbers.

The truth is that no matter how careful we are at driving, we still rely on other people to be responsible road users. If they fail to do so, we also expect them to be liable for any damage they may cause to others. Unfortunately, not everyone can be expected to do their part.

Back in February last year, $202 million was awarded by a jury to a mother who survived a car accident when a drunk driver slammed into her car, causing her to give birth prematurely. Her son, now four years old, is unable to speak, is blind, and suffers from frequent seizures due to the “accident.” But since the drunk driver is uninsured and unrepresented, that $202 million compensation has been reported to be “unrecoverable.”

Why are Some Florida Drivers Uninsured?

According to car accident lawyers, the minimum insurance often carried by drivers is not enough to cover damages arising from serious injuries, much less catastrophic ones. Moreover, Florida’s average annual rate of insurance is $1,878. This is 36% higher than the national average.

To register a vehicle, the state of Florida needs every driver to provide proof of Personal Injury Protection (PIP), which costs a minimum of $10,000, and Property Damage Liability auto insurance which also costs $10,000. They should also cover the entire life of the vehicle even if it is not being used.

Simply put, the high costs attached to auto insurance lead road users to bite the bullet instead, and drive uninsured.

Can I still recover damages if I’m dealing with a driver who is negligent and uninsured?

The short answer is yes. And there are two possible ways of recovering damages from accidents even with uninsured drivers.

Personal Injury Protection (PIP) and the no-fault system

Florida is one of the few states which has a no-fault system concerning auto accidents. Since drivers of all types of vehicles, except motorcycles, are required by law to carry PIP, a portion of your medical bills and lost wages would likely then be covered. This means that whether or not he has auto insurance is already irrelevant.

Uninsured Motorist or Underinsured Motorist (UM or UIM) Coverage

You can also double down on being a responsible driver by insuring against the possibility of getting in trouble with an uninsured or underinsured driver. This would mean that you will be able to collect on UM or UIM coverage as the injured party. Unfortunately, given the likelihood of this happening in Florida, it is better than hoping that the driver on the opposite side of the accident has insurance.

To collect on a UM/UIM claim in Florida, you will have to prove the following: (1) that your car accident injuries meet the threshold of serious injury defined in F.S. 627.737; (2) that the other driver was negligent; and (3) that the at-fault driver either does not have auto insurance or his auto insurance is not enough to pay for your injuries.

Should I Lawyer Up?

As an Orlando resident pointed out, it sometimes is “more frustrating dealing with the insurance company than the accident.” Insurance companies tend to strictly interpret policies in their favor to avoid approving claims. That’s why having a car accident lawyer is important to ensure that the insurance company does not pay you less than you deserve.

For example, in a UM/UIM claim, even if the insurer accepts that they are liable to pay you, they may disagree on how much you should be paid. Even your own provider will not be so eager to pay you the full value of your claim, and you would have to file a Civil Remedy Notice, as discussed in F.S. 624.155, with the Florida Department of Financial Services just to get things moving. And even then, it is still likely that the company would fight the CRN and a lawsuit would have to be filed.

Conclusion

Unfortunately in Florida, even if you’re driving as safely as you can, you have to be extra careful since somebody else is still likely to get you in an accident. Without a car accident lawyer, you’re probably going to have to pay the bill yourself.

Still, if you know your rights and know what you are entitled to, even if you can’t trust other drivers to be responsible, you can trust the legal processes to at least cover you when you need it the most.