What Happens if an Uninsured Driver Injures Me in a Car Accident? Southwest Florida Car Accident Lawyers, GTS, Explain

Jason B. Goldman • December 17, 2021
What Happens if an Uninsured Driver Injures Me in a Car Accident? Southwest Florida Car Accident Lawyers, GTS, Explain

Florida drivers have earned the dubious distinction of having one of the highest uninsured motorist rates in the entire country.  This is due, in large part, to our state legislature’s unwillingness to require Florida drivers to carry a type of coverage called bodily injury liability. If you are injured in an accident by an uninsured or underinsured driver, there are still financial recovery options available to you.  It’s crucial to speak with an experienced Port Charlotte car accident lawyer about these options.

Required Automobile Insurance Coverages in Florida

For a car to be registered in Florida, its owner must provide proof of only $10,000 in property damage liability (this coverage pays only for property damage caused to another person’s vehicle) and $10,000 in personal injury protection (PIP) (this coverage only pays medical expenses for the driver of the automobile). These are the only two coverages required to legally drive in Florida.  Noticeably missing is bodily injury liability coverage, which compensates other drivers if they are injured in an accident caused by the vehicle’s owner.  Florida’s legislature does not require Florida drivers to purchase bodily injury liability coverage, which compensates those injured in a car accident. 

Because Florida does not require its drivers to carry even a minimal level of bodily injury liability coverage, it is imperative for you to carry a coverage called uninsured/underinsured motorist (UM) coverage.  While UM coverage is not mandatory, it is vital to protect you and your family from uninsured drivers.  UM coverage will compensate you for injuries suffered in a car accident caused by an uninsured/underinsured driver.  In order to purchase UM coverage from your auto insurance carrier, it will require you to also purchase bodily injury liability coverage.  Your insurance carrier will not permit you to purchase a higher level of UM coverage than bodily injury liability coverage.  You must at least protect the public as much from your negligence, as you are protecting yourself from the public’s negligence against you.

Recovery Options

When a driver who injures you does not have car insurance (or does not have enough insurance to fairly compensate you for your injuries), you have options for financial recovery. While you have options, not all options are created equal. 

One option is attempting to receive compensation directly from the uninsured driver.  Your lawyer could bring your case to trial and obtain a judgment against the at fault driver.  However, a judgment is just a sheet of paper which states the at fault driver owes you the amount of money awarded by a jury.  While you have this judgment stating this money is owed to you, it is up to you to try and find assets from the at fault driver to pay towards your judgment.  Oftentimes, uninsured drivers are uninsured because they can’t afford adequate automobile insurance.  If they can’t afford car insurance, the odds of them having substantial, available assets to pay towards your judgment are nil to none.  While holding a judgment against someone allows you to try and garnish wages, lien non-homestead property, seize personal property, etc,. in many instances the at fault party doesn’t have any substantial assets to seize or garnish.  In these situations, if you do not have UM coverage to protect you and the at fault party is uninsured and what we call “judgment proof”, you may not be able to achieve any compensation at all for your injuries.  This happens constantly in Florida, because our legislature does not require Florida drivers to carry either bodily injury liability or uninsured motorist coverage.

You and your family are best served by carrying adequate UM coverage. If you are injured by an uninsured or underinsured driver, you can instead obtain financial compensation for your injuries directly from your own insurance company’s UM coverage.  In essence, this coverage steps into the shoes of being the insurance carrier for the at fault, uninsured party.  A UM insurance adjuster will be assigned, and that adjuster will work to resolve your claim for the lowest amount they possibly can.  When we represent you in a UM claim against your own insurance carrier, we will not allow your claim to be resolved at the whim of your insurance adjuster.  Our Southwest Florida injury lawyers can help you if you’ve been seriously injured in a crash.

Our Port Charlotte, Punta Gorda, and Englewood Car Accident Lawyers Protect You and Your Family!

If you or a loved one were seriously injured or killed in a Florida car accident, our experienced Southwest Florida car accident lawyers at Goldman, Tiseo, and Sturges, P.A. can fight to ensure you receive the compensation you and your family deserve.  We will not allow at fault drivers and their insurance carriers to take advantage of you or treat you unfairly.  Our only job is to protect you and your family from the devastating consequences of a serious automobile accident.  Learn how we can help you during a FREE consultation by calling (941) 625-6666 or by sending us a message through our contact us box available on our website here.

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By Jason B. Goldman • September 29, 2026
Halloween is one of the most exciting nights of the year for families across Charlotte County. Neighborhoods in Port Charlotte, Punta Gorda, Englewood, and North Port fill with costumed children and it is a celebration our community looks forward to every October. At Goldman, Tiseo & Sturges, P.A., we want every family to enjoy a safe and happy Halloween, so here are the most important safety reminders for this year. Watch Out for Trick-or-Treaters on the Road Children are more than twice as likely to be struck by a vehicle on Halloween than on any other night of the year. As families head out after dark, drivers throughout Charlotte County need to slow down, put phones away, and stay extra alert in residential neighborhoods. For families out trick-or-treating: Add reflective tape or glow sticks to costumes so children are visible to drivers Carry a flashlight and cross only at corners and crosswalks Make eye contact with drivers before stepping into the road Always accompany young children Property Owner Responsibilities on Halloween When you invite trick-or-treaters to your door, Florida law considers them your guests. That means you have a legal duty to keep your walkways, steps, and porch area safe and well-lit. Uneven pavement, loose steps, poor lighting, and unsecured pets are among the most common causes of Halloween injuries in Charlotte County. Dog owners should keep pets secured indoors on Halloween night. Under Florida law, dog owners are strictly liable for bites, even if the animal has never been aggressive before. Impaired Driving Spikes on Halloween Halloween parties mean increased impaired driving on Charlotte County roads after dark. Never drive after drinking. Use a rideshare service or designate a sober driver before the evening begins. If you see an impaired driver, call 911. If Your Family Is Injured This Halloween Seek medical attention immediately Document the scene with photos Report the incident to the property owner or law enforcement Do not speak with insurance companies before consulting an attorney  Contact Goldman, Tiseo & Sturges, P.A. for a free consultation From all of us at Goldman, Tiseo & Sturges, P.A., have a safe, fun, and memorable Halloween, Charlotte County. We are always here if you need us. Goldman, Tiseo & Sturges, P.A. (941) 625-6666 | Serving Port Charlotte, Punta Gorda, Englewood, North Port, and all of Charlotte County | gtslawfirm.com
By Jason B. Goldman • September 29, 2026
Charlotte County is home to one of the largest senior populations in Florida. Our community is enriched every day by the retirees, longtime residents, and snowbirds who make Port Charlotte, Punta Gorda, Englewood, and North Port such special places to live. But with a large senior population comes an important responsibility: ensuring our older neighbors are protected when accidents happen. At Goldman, Tiseo & Sturges, P.A., we represent elderly injury victims throughout Charlotte County. Seniors face unique vulnerabilities after an accident, and the legal process can feel overwhelming, particularly for those managing medical care, insurance companies, and family concerns at the same time. This guide is designed to help older adults and their families understand their rights. Why Seniors Are More Vulnerable to Serious Injuries An injury that a younger person might recover from in weeks can permanently change the life of an older adult. As we age, bones become more brittle, healing takes longer, and complications from injuries become more likely. A slip and fall that causes a minor bruise in a 30-year-old can result in a hip fracture, hospitalization, and months of rehabilitation for someone in their 70s or 80s. Common injuries among elderly accident victims in Charlotte County include: Hip fractures from slip and fall accidents, often requiring surgery and extended recovery Traumatic brain injuries from falls or car accidents, which can have lasting cognitive effects Spinal injuries that limit mobility and independence Soft tissue injuries that take significantly longer to heal in older adults Broken wrists and shoulders from instinctive attempts to break a fall Complications from pre-existing conditions that are aggravated by accident-related injuries Florida law recognizes that the severity of an injury is not determined solely by the accident itself, but by its impact on the specific individual. An elderly person may be entitled to greater compensation precisely because their injuries carry greater consequences. Common Causes of Elderly Injuries in Charlotte County Seniors in Charlotte County face injury risks in many everyday settings. Understanding where these accidents most commonly occur can help families take preventative steps and recognize when negligence may be involved. Slip and fall accidents: Wet floors in grocery stores, restaurants, and medical facilities Uneven pavement in parking lots and sidewalks throughout Port Charlotte and Punta Gorda Poor lighting in common areas of apartment complexes and assisted living facilities Loose rugs, cluttered walkways, or broken stairs in retail and commercial spaces Car accidents: Rear-end collisions on busy routes like Tamiami Trail and US-41 Intersection accidents near shopping centers and medical offices frequently visited by seniors Accidents caused by other drivers who fail to yield or follow traffic signals Nursing home and assisted living facility injuries: Falls due to inadequate supervision or understaffing Injuries from improper use of mobility equipment Neglect-related health complications that lead to physical decline Medication errors that cause adverse reactions or injury Florida Law and Elderly Injury Claims Florida's personal injury laws apply equally to older adults, and in many cases, the damages available to elderly victims reflect the serious impact injuries have on their lives. Under Florida law, injury victims may be entitled to compensation for medical bills, future medical care, pain and suffering, loss of enjoyment of life, and other losses. One important consideration for elderly injury claims in Florida is the statute of limitations. In most personal injury cases, you have two years from the date of injury to file a claim. For nursing home neglect or abuse cases, different timeframes may apply. Do not wait to seek legal advice. Key legal protections for seniors in Florida include: The Florida Nursing Home Residents Bill of Rights, which protects residents from neglect, abuse, and unsafe conditions Premises liability law, which holds property owners accountable for unsafe conditions that injure visitors Florida's comparative negligence standard, which allows injury victims to recover compensation even if they bear some responsibility for the accident The right to seek compensation from multiple responsible parties, including property owners, businesses, drivers, and healthcare providers What Families Should Do After an Elderly Loved One Is Injured Seek medical attention immediately and ensure all injuries are properly documented by a healthcare provider Photograph the scene of the accident, including any hazard that caused the injury Report the incident to the appropriate party, whether that is a store manager, property owner, nursing home administrator, or law enforcement Keep records of all medical treatments, expenses, and communications related to the injury Do not allow the injured person to sign any releases or speak with insurance adjusters without legal guidance Contact Goldman, Tiseo & Sturges, P.A. for a free consultation as soon as possible Protecting Charlotte County Seniors Our senior community deserves dignity, safety, and justice. At Goldman, Tiseo & Sturges, P.A., we handle elderly injury claims with the care and urgency they require. We understand the physical, emotional, and financial toll these accidents take on older adults and their families, and we are committed to fighting for every dollar of compensation our clients deserve. We work on a contingency fee basis, meaning you pay nothing unless we recover compensation for you. If your loved one has been injured in Charlotte County, please reach out. We are here to help. Contact Our Charlotte County Personal Injury Attorneys Goldman, Tiseo & Sturges, P.A. (941) 625-6666 | Serving Port Charlotte, Punta Gorda, Englewood, North Port, and all of Charlotte County | gtslawfirm.com
By Jason B. Goldman • September 1, 2026
Charlotte County is home to one of the largest senior populations in Florida. Our community is enriched every day by the retirees, longtime residents, and snowbirds who make Port Charlotte, Punta Gorda, Englewood, and North Port such special places to live. But with a large senior population comes an important responsibility: ensuring our older neighbors are protected when accidents happen. At Goldman, Tiseo & Sturges, P.A., we represent elderly injury victims throughout Charlotte County. Seniors face unique vulnerabilities after an accident, and the legal process can feel overwhelming, particularly for those managing medical care, insurance companies, and family concerns at the same time. This guide is designed to help older adults and their families understand their rights. Why Seniors Are More Vulnerable to Serious Injuries An injury that a younger person might recover from in weeks can permanently change the life of an older adult. As we age, bones become more brittle, healing takes longer, and complications from injuries become more likely. A slip and fall that causes a minor bruise in a 30-year-old can result in a hip fracture, hospitalization, and months of rehabilitation for someone in their 70s or 80s. Common injuries among elderly accident victims in Charlotte County include: Hip fractures from slip and fall accidents, often requiring surgery and extended recovery Traumatic brain injuries from falls or car accidents, which can have lasting cognitive effects Spinal injuries that limit mobility and independence Soft tissue injuries that take significantly longer to heal in older adults Broken wrists and shoulders from instinctive attempts to break a fall Complications from pre-existing conditions that are aggravated by accident-related injuries Florida law recognizes that the severity of an injury is not determined solely by the accident itself, but by its impact on the specific individual. An elderly person may be entitled to greater compensation precisely because their injuries carry greater consequences. Common Causes of Elderly Injuries in Charlotte County Seniors in Charlotte County face injury risks in many everyday settings. Understanding where these accidents most commonly occur can help families take preventative steps and recognize when negligence may be involved. Slip and fall accidents: Wet floors in grocery stores, restaurants, and medical facilities Uneven pavement in parking lots and sidewalks throughout Port Charlotte and Punta Gorda Poor lighting in common areas of apartment complexes and assisted living facilities Loose rugs, cluttered walkways, or broken stairs in retail and commercial spaces Car accidents: Rear-end collisions on busy routes like Tamiami Trail and US-41 Intersection accidents near shopping centers and medical offices frequently visited by seniors Accidents caused by other drivers who fail to yield or follow traffic signals Nursing home and assisted living facility injuries: Falls due to inadequate supervision or understaffing Injuries from improper use of mobility equipment Neglect-related health complications that lead to physical decline Medication errors that cause adverse reactions or injury Florida Law and Elderly Injury Claims Florida's personal injury laws apply equally to older adults, and in many cases, the damages available to elderly victims reflect the serious impact injuries have on their lives. Under Florida law, injury victims may be entitled to compensation for medical bills, future medical care, pain and suffering, loss of enjoyment of life, and other losses. One important consideration for elderly injury claims in Florida is the statute of limitations. In most personal injury cases, you have two years from the date of injury to file a claim. For nursing home neglect or abuse cases, different timeframes may apply. Do not wait to seek legal advice. Key legal protections for seniors in Florida include: The Florida Nursing Home Residents Bill of Rights, which protects residents from neglect, abuse, and unsafe conditions Premises liability law, which holds property owners accountable for unsafe conditions that injure visitors Florida's comparative negligence standard, which allows injury victims to recover compensation even if they bear some responsibility for the accident The right to seek compensation from multiple responsible parties, including property owners, businesses, drivers, and healthcare providers What Families Should Do After an Elderly Loved One Is Injured Seek medical attention immediately and ensure all injuries are properly documented by a healthcare provider Photograph the scene of the accident, including any hazard that caused the injury Report the incident to the appropriate party, whether that is a store manager, property owner, nursing home administrator, or law enforcement Keep records of all medical treatments, expenses, and communications related to the injury Do not allow the injured person to sign any releases or speak with insurance adjusters without legal guidance Contact Goldman, Tiseo & Sturges, P.A. for a free consultation as soon as possible Protecting Charlotte County Seniors Our senior community deserves dignity, safety, and justice. At Goldman, Tiseo & Sturges, P.A., we handle elderly injury claims with the care and urgency they require. We understand the physical, emotional, and financial toll these accidents take on older adults and their families, and we are committed to fighting for every dollar of compensation our clients deserve. We work on a contingency fee basis, meaning you pay nothing unless we recover compensation for you. If your loved one has been injured in Charlotte County, please reach out. We are here to help. Contact Our Charlotte County Personal Injury Attorneys Goldman, Tiseo & Sturges, P.A. (941) 625-6666 | Serving Port Charlotte, Punta Gorda, Englewood, North Port, and all of Charlotte County | gtslawfirm.com
By Jason B. Goldman • September 1, 2026
Hurricane season in Southwest Florida runs from June 1 through November 30. For residents of Charlotte County. A region that experienced the direct impact of Hurricane Charley in 2004 and Hurricane Ian in 2022 understanding your legal rights before, during, and after a hurricane is not optional. It is essential. At Goldman, Tiseo & Sturges, P.A., we have represented Charlotte County families through the aftermath of Florida's most destructive storms. This guide answers the most common questions our community has about hurricane-related injuries, property damage liability, contractor fraud, and insurance disputes so you know exactly where you stand when a storm turns your life upside down. Can You Sue for Injuries Caused by a Hurricane in Florida? This is one of the most frequently asked questions we receive after a major storm. The short answer is: it depends on who or what caused the injury.  Hurricanes are natural disasters, and no one can be held legally responsible for the storm itself. However, injuries that occur during or after a hurricane are frequently caused or made significantly worse by human negligence. In those cases, a personal injury claim may be possible. Examples of hurricane-related injuries that may involve legal liability: • A property owner fails to secure outdoor furniture or signage before the storm, and flying debris injures a neighbor • A landlord does not make required repairs after storm damage, and a tenant is injured by structural collapse or flooding • A contractor performs faulty post-hurricane repairs that later cause injury or further property damage • A business reopens prematurely without addressing hazardous conditions wet floors, exposed wiring, structural damage and a customer is injured • A municipality fails to repair storm-damaged roads or traffic signals, leading to a car accident • A neighbor's dead or diseased tree falls during the storm and damages your home or injures someone on your property If your injury falls into any of these categories, you may have a valid personal injury or premises liability claim under Florida law. Goldman, Tiseo & Sturges, P.A. offers free consultations for hurricane injury victims throughout Charlotte County. Who Is Liable for Hurricane Property Damage in Charlotte County? Property damage liability after a hurricane in Florida is determined by a combination of insurance coverage, negligence law, and Florida statutes. Understanding who may be responsible for your losses is the first step toward recovery. Potentially liable parties after hurricane property damage include: • Your own insurance carrier. If they wrongfully deny, delay, or underpay your hurricane damage claim • A neighboring property owner. If their failure to maintain trees, fencing, or structures contributed to damage on your property • A contractor or repair company. If defective workmanship before or after the storm worsened the damage • A landlord or property manager. If they failed to maintain the building to code and storm damage resulted • A HOA or condominium association. If they were responsible for maintaining shared structures that failed during the storm Florida's comparative negligence law means that more than one party can share responsibility for storm-related damage or injury. An experienced Charlotte County personal injury attorney can help you identify all responsible parties and pursue maximum compensation. Hurricane Insurance Disputes in Florida: Know Your Rights Florida homeowners file more hurricane-related insurance claims than residents of any other state. Unfortunately, insurance disputes following major storms are extremely common in Charlotte County and insurance companies do not always act in good faith. Common hurricane insurance claim disputes in Florida include: • Claim denials citing exclusions for flood damage, wind-driven rain, or pre-existing conditions • Lowball settlement offers that do not cover the full cost of repairs or replacement • Unreasonable delays in processing claims, leaving families without compensation for months • Disputes over whether damage was caused by wind (covered) or flooding (requires a separate NFIP policy) • Depreciation disputes that reduce the actual cash value payout well below replacement cost Under Florida law, insurance companies are required to act in good faith when handling claims. If your insurer is denying a valid claim, delaying without justification, or offering an unreasonably low settlement, you may have grounds for a bad faith insurance claim. Steps to protect your hurricane insurance claim in Charlotte County: • Document all damage immediately with photographs and video before any cleanup begins • Keep a detailed written record of all communications with your insurance company • Save all receipts for emergency repairs, temporary housing, and storm-related expenses • Do not sign any releases or accept any settlements without first consulting an attorney • If your claim is denied or underpaid, contact Goldman, Tiseo & Sturges, P.A. before signing anything Post-Hurricane Contractor Fraud in Charlotte County: A Growing Threat After every major hurricane in Southwest Florida, unlicensed contractors and fraudulent repair companies target storm-damaged homeowners who are desperate to make repairs. Charlotte County residents have experienced this firsthand following both Hurricane Charley and Hurricane Ian. Faulty post-storm repairs are not just a financial loss they can create ongoing structural hazards, mold problems, and safety risks that lead to serious injuries. Warning signs of contractor fraud after a hurricane: • Unsolicited door-to-door offers to inspect or repair your home immediately after the storm • Requests for large upfront cash payments before any work begins • No Florida contractor's license or refusal to provide proof of insurance • Pressure to sign contracts quickly without time to review • Assignment of Benefits (AOB) agreements that sign over your insurance rights to the contractor • No written contract, or a contract with vague scope of work and no completion timeline How to protect yourself from contractor fraud in Charlotte County: • Verify any contractor's license through the Florida DBPR at myfloridalicense.com • Never pay more than 10% upfront or $1,000 whichever is less before work begins • Get at least three written estimates before committing to any contractor • Never sign an Assignment of Benefits agreement without speaking to an attorney first • Report suspected fraud to the Florida Attorney General's Office and Charlotte County Building Department If you were defrauded by a contractor or injured due to faulty post-storm repairs, Goldman, Tiseo & Sturges, P.A. can help you pursue compensation and hold responsible parties accountable. What to Do If You Are Injured During or After a Hurricane in Charlotte County The days following a hurricane are disorienting. But taking the right steps early can make a significant difference in your ability to recover compensation. • Seek immediate medical attention storm injuries including lacerations, falls, and head trauma require prompt treatment, and medical records establish the connection between the storm and your injury • Document everything photographs your injuries, the hazard that caused them, and surrounding conditions as soon as it is safe • Report the incident notify the property owner, local authorities, or relevant government agency depending on where and how the injury occurred • Preserve evidence do not allow a property owner or contractor to repair the conditions that caused your injury before they are documented • Avoid giving recorded statements to insurance companies adjusters are trained to minimize payouts; speak with an attorney first • Contact Goldman, Tiseo & Sturges, P.A. as soon as possible Florida's statute of limitations applies to hurricane injury claims, and delays can cost you your right to compensation Hurricane Risk in Charlotte County: Why Legal Preparedness Matters Charlotte County sits in one of Florida's most hurricane-vulnerable corridors. Port Charlotte and Punta Gorda took a direct hit from Hurricane Charley in August 2004. In September 2022, Hurricane Ian caused catastrophic damage throughout the region. The legal and financial aftermath of both storms kept Charlotte County families in limbo for years battling insurance companies, fraudulent contractors, and unresolved injury claims. Legal preparedness knowing your rights, your insurer's obligations, and where to turn when things go wrong is one of the most important steps our community can take before the next storm arrives. Goldman, Tiseo & Sturges, P.A.: Standing with Charlotte County Through Every Storm We have been part of this community through its hardest moments. When Hurricane Charley devastated Punta Gorda and Port Charlotte, we were here. When Hurricane Ian tore through Southwest Florida, we were here. And when the next storm comes, we will be here again. Our attorneys represent hurricane injury victims, insurance dispute claimants, and contractor fraud victims throughout Charlotte County in Port Charlotte, Punta Gorda, Englewood, North Port, and every community in between. We work on a contingency fee basis, which means you pay nothing unless we recover compensation for you. If a hurricane has left you injured, displaced, or fighting with your insurance company, do not face it alone. Contact Our Charlotte County Hurricane Injury Attorneys Free Consultation Goldman, Tiseo & Sturges, P.A. (941) 625-6666 Serving Port Charlotte, Punta Gorda, Englewood, North Port, and all of Charlotte County gtslawfirm.com