The driver who hit me in Hialeah has no insurance. What now?

What is uninsured motorist coverage and how does it work?

Uninsured motorist (UM) coverage is part of your own auto policy. It steps into the shoes of an at-fault driver who has no bodily injury insurance, and underinsured motorist (UIM) coverage pays when the at-fault driver's limits are lower than your damages. You make the claim against your own insurer, and your insurer is entitled to raise the same defenses the at-fault driver could have raised, including the permanent-injury threshold and comparative fault. Your insurer cannot cancel you or raise your rates for making a UM claim you did not cause (Fla. Stat. § 626.9541(1)(o)3).

What is the difference between stacked and non-stacked UM coverage?

Stacked UM coverage multiplies your limits by the number of vehicles on the policy and follows you into any car; non-stacked coverage applies once and has more exclusions. For example, $50,000 in stacked UM on a two-car policy provides $100,000 for one crash. Florida law requires stacked coverage unless you signed a specific rejection of stacking (Fla. Stat. § 627.727(9)). Wolfson & Leon reads the declarations page and the rejection forms; insurers do not always get the paperwork right, and when they do not, the higher stacked limits apply.

Does UM coverage apply to a hit-and-run?

Yes. An unidentified driver who leaves the scene is treated as an uninsured motorist under Florida law. Report the hit-and-run to Hialeah Police immediately and get the case number; your insurer will want proof the crash happened. UM coverage also applies if you were hit while walking or biking, or while a passenger in someone else's car, as long as you or a resident relative has a policy with UM.

What if I have no UM coverage and the other driver has nothing?

PIP still pays your first $10,000 of medical bills and lost wages, and health insurance covers treatment beyond that. Wolfson & Leon then looks for every other possible source: the owner of the car if different from the driver (Florida's dangerous instrumentality doctrine), the driver's employer if they were working, a bar or restaurant that served an obviously intoxicated driver (Fla. Stat. § 768.125), and any UM coverage in your household you may not know about. Where nothing exists, we tell you that honestly rather than take a case that cannot recover anything.

What compensation can I recover through uninsured motorist coverage?

Uninsured motorist coverage pays what the at-fault driver's bodily injury insurance would have paid: medical bills beyond PIP, lost wages, and, for a permanent injury under Fla. Stat. § 627.737, pain and suffering, up to your UM limits, multiplied by the number of vehicles if the coverage is stacked (Fla. Stat. § 627.727(9)). Underinsured motorist coverage pays the difference when the at-fault driver has some coverage but less than your damages. Your insurer can raise the same defenses the driver could have, and it will, so a UM claim is prepared and proven like any other injury claim, just against your own company.

What mistakes hurt an uninsured motorist claim?

• Not reporting a hit-and-run to police promptly. Many UM policies require it, often within 24 hours.
• Settling with an underinsured driver for their policy limits without notifying your UM insurer first as Fla. Stat. § 627.727(6) requires; it can forfeit the UM claim.
• Giving your own insurer a recorded statement or examination under oath without a lawyer. In a UM claim your insurer is the adversary.
• Accepting "non-stacked" at face value without demanding the signed rejection form; if there is none, the coverage is stacked.
• Assuming you have no UM because you never bought it. Check every policy in the household; UM must be offered and rejected in writing.