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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Understanding Mediation: A Smarter Path to Resolving Disputes

By Jason B. Goldman • April 6, 2026
When facing a legal dispute, many people assume their only option is a lengthy court battle. However, there's often a better way: mediation. At Goldman, Tiseo & Sturges, we've seen how mediation can save time, money, and relationships while achieving outcomes that satisfy all parties. What Is Mediation? Mediation is a collaborative process where an impartial third party—the mediator—helps disputing parties reach a mutually acceptable resolution. Unlike a judge who imposes a decision, a mediator facilitates communication and guides parties toward their own agreement. Why Choose Mediation? Cost-Effective & Fast Mediation costs a fraction of litigation and typically resolves in a half-day to full-day session—not years. You Stay in Control Unlike court decisions, mediated settlements put you in the driver's seat. You control the outcome. Preserve Relationships Mediation's collaborative approach can preserve business partnerships, neighbor relations, and other ongoing connections. Confidential & Binding Everything discussed stays private, and agreements you help create are more likely to be honored. When Should You Consider Mediation? Mediation works at any stage: Before filing a lawsuit (most cost-effective) During litigation (often court-ordered) Even post-judgment Jason B. Goldman: Certified Charlotte County Mediator Attorney Jason B. Goldman has been certified by the Florida Supreme Court as a circuit court mediator since 2002. Our Mediation Services We mediate cases throughout Charlotte County and beyond: Business and commercial disputes Real estate and construction conflicts Personal injury claims Contract disagreements Pre-suit negotiations Ready to Resolve Your Dispute? Contact Goldman, Tiseo & Sturges today at (941) 625-6666 to schedule your mediation session.

Easter Weekend Safety - Protecting Your Family This Holiday

By Jason B. Goldman • April 6, 2026
Easter weekend is a time for celebration, family gatherings, and fun traditions. But as personal injury attorneys who've spent decades serving Charlotte County, we know that holidays can also bring increased risks on our roadways and in our communities. The Reality of Holiday Traffic Easter weekend consistently ranks as one of the deadliest holiday periods for traffic accidents in Florida. With families traveling to visit relatives, increased alcohol consumption at gatherings, and distracted drivers rushing to events, the roads become significantly more dangerous. According to Florida Highway Safety data, Easter weekend sees a spike in DUI arrests and serious accidents. As you plan your celebrations this year, keep these safety tips in mind: Plan ahead for a designated driver if your celebration involves alcohol Watch for increased pedestrian traffic around churches and parks Be extra cautious at intersections - we know Charlotte County's dangerous crossroads well Secure children properly in car seats when traveling to family gatherings Easter Egg Hunts and Premises Liability If you're hosting an Easter egg hunt or attending one at a church, park, or community center, be aware of potential hazards. Property owners have a legal duty to maintain safe premises. We've seen injuries from: Uneven ground causing trip-and-fall accidents Hidden hazards in tall grass where eggs are hidden Dog bites when excited pets interact with children during outdoor events Pool accidents when Easter parties include swimming Your Rights After a Holiday Accident If you or a loved one is injured this Easter weekend due to someone else's negligence - whether it's a drunk driver, an unsafe property, or any other preventable accident - don't wait to seek legal guidance. Evidence disappears, witnesses' memories fade, and insurance companies start building their defense immediately. At Goldman, Tiseo & Sturges, we're here even during the holidays. As lifetime residents of Port Charlotte and Punta Gorda, this is our community, and these are our neighbors. We want everyone to enjoy a safe and happy Easter. This Easter, celebrate the renewal of spring - but stay safe doing it. And if the unexpected happens, remember that we're always here to help.

Why Spring Is a Smart Time to Review Your Insurance Coverage in Charlotte County

By Jason B. Goldman • March 3, 2026
As the seasons change and spring arrives in Southwest Florida, many homeowners and drivers begin tackling projects, travel plans, and home improvements. It’s a time of renewal and preparation but it’s also the perfect time to review something that’s often overlooked: your insurance coverage. At GTS Law Firm, we often work with individuals and families who discover too late that their policies don’t fully protect them after an accident or unexpected event. A simple coverage review now can help prevent major financial and legal stress later. Why Spring Is the Right Time to Take a Second Look Spring often brings changes in routine. People start driving more, hosting gatherings, making home upgrades, and preparing for hurricane season. All of these changes can affect your level of risk and whether your current coverage still fits your needs. Some common life updates that may require coverage adjustments include: Purchasing a new vehicle Renovating or adding to your home Starting a home-based business Adding a teen driver to your policy Buying recreational equipment like boats, golf carts, or motorcycles When coverage isn’t updated to reflect these changes, gaps can appear that only become obvious after an accident happens. The Risk of Being Underinsured Many people assume they’re fully protected because they have insurance in place. However, in personal injury cases, we often see situations where policy limits are too low to cover medical bills, lost wages, or long-term care needs after a serious accident. This can affect both sides: If you’re injured, the at-fault party may not have enough coverage to fully compensate you. If you’re responsible for an accident, limited coverage could leave you personally liable for the remaining costs. Reviewing your policies regularly helps ensure you’re protected from unexpected financial exposure. Coverage Areas Worth Reviewing Spring is a great time to sit down and evaluate a few key areas: Auto Insurance: Make sure your liability limits, uninsured motorist coverage, and medical payments coverage are still appropriate for your situation. Homeowners Insurance: If you’ve made improvements, added structures, or purchased valuables, your policy may need updating. Umbrella Policies: These provide an extra layer of protection beyond standard home and auto coverage and can be especially valuable for families with significant assets. Liability Protection: If you host guests, own a pool, or have pets, additional liability coverage may be worth considering. Prevention Is Always Easier Than Recovery While legal support is available after an accident, the goal is always to prevent hardship before it happens. Adequate coverage can help ensure that if the unexpected occurs, you and your family are protected. Taking an hour to review your policies now could save months, or even years, of financial and emotional stress down the road. A Season for Preparedness Spring is all about getting ready for what’s ahead. Just as people clean, organize, and prepare their homes, it’s also the ideal time to make sure your protection plans are current and complete. At GTS Law Firm, we’re committed to helping Charlotte County residents stay informed and protected. Understanding your risks and making proactive decisions today can help you move forward with greater confidence and peace of mind.

St. Patrick’s Day Safety: Celebrating Responsibly in Charlotte County

By Jason B. Goldman • March 3, 2026
St. Patrick’s Day is a time for celebration, community gatherings, and enjoying time with friends and family. From parades to parties, the holiday brings plenty of excitement but it also comes with increased risks, especially when alcohol is involved. At GTS Law Firm, we encourage everyone in Charlotte County to enjoy the festivities while keeping safety at the forefront. Why St. Patrick’s Day Comes with Higher Risks St. Patrick’s Day is consistently associated with a rise in alcohol-related incidents, including impaired driving, slips and falls, and preventable accidents. Even one poor decision like getting behind the wheel after drinking can have life-changing consequences. Beyond driving, celebrations can also lead to injuries from overcrowded venues, distracted behavior, or simply overconsumption. Being mindful and planning ahead can make all the difference. Smart Ways to Celebrate Safely You can still have a great time while making responsible choices. Here are a few ways to enjoy the holiday and protect yourself and others: Plan a safe ride home. Use a designated driver, rideshare service, or make arrangements in advance. Stay aware of your surroundings. Crowded events can increase the risk of accidents. Pace yourself. Drinking water and eating throughout the day helps prevent overconsumption. Look out for friends. Make sure everyone in your group gets home safely. Host responsibly. If you’re having people over, offer food, non-alcoholic drinks, and help guests arrange safe transportation. The Reality of Impaired Driving Impaired driving remains one of the biggest dangers on St. Patrick’s Day. It doesn’t just put the driver at risk, it endangers passengers, pedestrians, and other drivers on the road. In many personal injury cases, the impact of one moment of poor judgment leads to serious injury, financial stress, and long-term emotional trauma for multiple families. If an Accident Happens Even when you do everything right, you can’t control others’ actions. If you or a loved one is injured due to someone else’s negligence, whether from a drunk driver, unsafe property conditions, or another preventable situation. It’s important to understand your rights and options. Documenting the incident, seeking medical attention right away, and speaking with a legal professional can help protect your well-being and your future. Celebrate the Holiday the Right Way St. Patrick’s Day should be remembered for laughter, connection, and celebration—not for accidents that could have been avoided. A little planning and awareness can go a long way toward keeping the holiday fun and safe for everyone in Charlotte County. From all of us at GTS Law Firm, we wish you a happy, safe, and responsible St. Patrick’s Day.