Getting into a car accident is stressful enough. Finding out the at-fault driver has no insurance can feel overwhelming. Unfortunately, uninsured drivers are not uncommon in Florida. The good news? You still have legal options to recover compensation.
Step 1: Call the Police Immediately
Always report the accident, even if the damage seems minor. A police report documents:
- Who was involved
- What happened
- Whether the other driver admitted fault
- Confirmation of no insurance
This report becomes critical evidence for insurance claims or legal action.
Step 2: Gather Evidence at the Scene
If you’re physically able, collect as much information as possible:
- Photos of vehicle damage, injuries, and the accident scene
- Witness names and contact details
- The other driver’s license information
The more evidence you have, the stronger your case will be.
Step 3: Seek Medical Attention
Even if injuries feel minor, see a doctor immediately. Florida’s Personal Injury Protection (PIP) insurance requires medical treatment within 14 days to access benefits. Delayed treatment can weaken both medical and legal claims.
Step 4: Use Your Own Insurance Coverage
If the at-fault driver is uninsured, these policies may apply:
| Coverage Type | How It Helps |
| Personal Injury Protection (PIP) | Covers medical bills and lost wages regardless of fault |
| Uninsured/Underinsured Motorist (UM/UIM) | Pays damages the at-fault driver cannot |
| Collision Coverage | Covers vehicle repairs |
Uninsured motorist coverage is especially valuable in Florida, where many drivers lack insurance.
Step 5: Consider Filing a Lawsuit
You may be able to sue the uninsured driver personally. However, many uninsured drivers have limited assets, making recovery difficult. An attorney can evaluate whether legal action is financially worthwhile.
Why Legal Help Matters
Insurance companies often minimize payouts, even when you’re not at fault. A personal injury lawyer can:
- Identify all available insurance coverage
- Negotiate with insurers on your behalf
- Protect your rights if litigation becomes necessary
Uninsured Drivers Don’t Have to Leave You Struggling
Being hit by an uninsured driver can feel overwhelming, but you’re not alone. You still have options to protect your health, finances, and future. A Florida personal injury attorney can guide you through your insurance coverage, help explore all possible claims, and ensure you receive the compensation you deserve.
Don’t wait — getting advice early can make all the difference.
Call Richard Guzman at The Guzman Firm, PLLC at (786) 204-3980 or visit https://richardguzmanlaw.com to schedule a confidential consultation.
At-Fault Driver Is Uninsured in a Florida Car Accident FAQs
Can I still get compensation if the other driver has no insurance in Florida?
Yes. You may recover compensation through your own insurance, such as Personal Injury Protection (PIP), uninsured/underinsured motorist (UM/UIM) coverage, or collision coverage. In some cases, you may also pursue a lawsuit against the uninsured driver.
What is uninsured motorist coverage in Florida?
Uninsured motorist coverage protects you when the at-fault driver has no insurance or insufficient coverage. It can help pay for medical expenses, lost wages, pain and suffering, and other damages not covered by PIP.
Is uninsured motorist coverage required in Florida?
No. Florida does not require drivers to carry uninsured motorist coverage, but it is strongly recommended due to the high number of uninsured drivers on the road.
4: How long do I have to file a claim after an accident with an uninsured driver?
The time limit depends on the type of claim. Personal injury claims in Florida generally must be filed within two years, but insurance policies may have shorter deadlines. Speaking with an attorney early is important.
Should I contact a lawyer if the at-fault driver is uninsured?
Yes. An attorney can review your insurance coverage, handle negotiations with insurers, and advise whether pursuing legal action against the uninsured driver is worthwhile.
What if the uninsured driver fled the scene after the accident?
If the at-fault driver fled the scene, the accident may be treated as a hit-and-run. In many cases, uninsured motorist coverage can still apply. It’s important to report the accident to police immediately, seek medical care, and notify your insurance company as soon as possible to protect your claim.