Who Do You Call First to File an Uninsured Motorist Claim in Florida?

Call your own insurance company first to open an uninsured motorist claim, not the other driver’s insurer, because UM coverage is part of your own auto policy under Florida Statute § 627.727. But before that call, you must have already called 911 so a police report exists, and you must see a doctor within 14 days of the crash or your PIP benefits disappear entirely.

Who actually handles a UM claim, my insurer or the other driver’s?

Your own insurance company handles your uninsured motorist claim. UM coverage is part of your policy, not the at-fault driver’s. It pays for medical bills, lost wages, and pain and suffering when the other driver had no bodily injury insurance, or not enough to cover your losses. This is governed by Fla. Stat. § 627.727. Do not file anything through miami.gov or miamidade.gov unless a government vehicle caused your crash. Those sites are only for claims against government entities, such as a city truck or a Miami-Dade Transit bus, under Fla. Stat. § 768.28(6). UM does not automatically pay for car repairs, that usually falls under collision coverage or a property damage claim against the other driver, if they can be found.

Call 1: 911 and the police, what to say and what to get before you leave the scene

Call 911 immediately after any crash involving injury or significant damage. Tell the dispatcher your exact location, whether anyone is hurt, and if the other driver is still there. In Hialeah, crashes on city streets typically bring Hialeah Police officers; crashes on state roads like Okeechobee Road or the Palmetto Expressway may involve Florida Highway Patrol or Miami-Dade Sheriff’s Office depending on jurisdiction. Before you leave, collect the other driver’s name, address, license number, plate number, vehicle description, and any insurance info, even if it looks suspicious. Ask the officer for their name, badge number, and the incident or report number. Take photos of both vehicles, the scene, visible injuries, and any skid marks or debris. If it’s a hit-and-run, tell the dispatcher right away and describe the vehicle’s direction, color, and any plate characters you saw, but only what you’re sure of. Under Fla. Stat. § 316.066, the crash report is confidential for 60 days but available during that period to you, your insurer, and your lawyer.

Call 2: your own insurer’s claims line, the exact words to use

After you have the police report number, call your insurer and say this exact phrase: “I want to open an uninsured motorist bodily injury claim under my policy.” Have your insurance card, police report number, crash details, and photos ready. Most policies require prompt notice, delaying can give your insurer grounds to deny the claim. Send written notice by certified mail too, and keep copies. Do not agree to a recorded statement before speaking with a lawyer. Adjusters aim to minimize payouts, and unprepared statements often hurt your case later. Yes, you must report the crash to your own insurer, that’s required by most policies. But filing a UM claim typically does not raise your rates the way an at-fault collision might.

Call 3: a doctor, why 14 days is the hardest deadline in this process

You must see a qualified medical provider within 14 days of the crash or your PIP coverage pays nothing, zero, not even $1. That deadline comes from Fla. Stat. § 627.736. PIP covers 80% of reasonable medical bills and 60% of lost wages, up to $10,000 if a physician diagnoses an emergency medical condition, otherwise up to $2,500. PIP pays regardless of fault. Your own policy pays first; if you don’t have one, a resident relative’s policy may apply. Only in rare cases (like pedestrian accidents) does the striking vehicle’s PIP come into play, and never first. Even if you feel okay, get checked before day 15. Missing the window forfeits all PIP benefits permanently. Remember, PIP does not cover pain and suffering. To recover those damages through your UM claim, Florida law requires proof of permanent injury, significant scarring, or permanent loss of function.

Call 4: a lawyer, specifically before a recorded statement or any settlement

Call a personal injury lawyer before you give a recorded statement, sign a medical release, or accept any settlement offer. The two-year statute of limitations under Fla. Stat. § 95.11 applies to negligence claims against an at-fault driver for crashes on or after March 24, 2023 (a UM claim against your own insurer is a contract claim not governed by that deadline), but waiting too long to get legal help can still hurt your case. Bad advice like “you can always get an attorney later” ignores how early missteps, like gaps in treatment or unvetted statements, can weaken or kill your claim. Insurers do not automatically pay fair value, which is why negotiation is often necessary. Wolfson & Leon answers calls at 305-965-3766 24/7. There is no fee unless we recover for you.

When does a government claim apply instead, and why those city and county pages are the wrong place for UM?

The miami.gov and miamidade.gov claims portals exist only for crashes caused by government vehicles, like a City of Miami vehicle or a Miami-Dade Metrobus (a City of Hialeah truck is a claim against the City of Hialeah). Those cases fall under Fla. Stat. § 768.28(6) and require formal notice to the government entity within strict time limits. If a private driver with no insurance hit you, those pages do not apply. Your claim is against your own UM coverage, not a public agency. Do not file a government tort claim form by mistake, it will delay your real case and won’t help.

Frequently asked questions

Is it even worth filing a UM claim if I’m not sure I have UM coverage?
Yes. Florida law requires insurers to include UM coverage unless you signed a written rejection. If you never opted out in writing, you likely have it, even if you don’t remember adding it.

Will my rates go up if I file a UM claim against my own insurance?
Generally, no. UM claims are first-party claims for someone else’s fault. Rate increases are more common after at-fault collisions, not UM filings. Your insurer must follow Florida rate regulations.

What if the driver fled and I never got their plate number?
You can still file a UM claim. Hit-and-run crashes can qualify under UM coverage, subject to your policy’s terms. A police report documenting the hit-and-run is critical, call 911 immediately and give all details you recall.

Do I need a lawyer, or can I just handle the UM claim myself?
You can try, but insurers may undervalue self-represented claims. A lawyer helps protect your rights during recorded statements, medical releases, and settlement talks, and most offer free consultations with no upfront fees.

The other driver had some insurance, does UM still apply?
Yes, if their coverage is less than your damages and you have UM coverage, which in Florida also covers underinsured drivers. Your own policy can cover the difference between their limits and your actual losses.

Related reading: The driver who hit me in Hialeah has no insurance. What now? · The other driver’s insurance adjuster wants a recorded statement. Do I have to give one? · The 14-day PIP rule in Florida: what happens if you wait to see a doctor after a Hialeah car accident · How long do I have to file an injury lawsuit in Florida? The two-year rule after HB 837

Hurt in an accident in Hialeah? Call Wolfson & Leon at 305-965-3766 for a free consultation. We speak Spanish, and there is no fee unless we win.