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 August 13, 2025
As Charlotte County families prepare for the new school year, stores are crowded with parents and children picking up backpacks, notebooks, and other supplies. While the excitement is high, parking lots at big-box stores and shopping centers can become dangerous if drivers and pedestrians aren’t paying attention. Why Parking Lot Safety Matters Parking lots can be high-risk areas, especially during peak back-to-school shopping times. With increased traffic, pedestrians—especially children—can be hard to see, and distractions can lead to accidents. For Drivers: Navigating Parking Lots Safely Slow Down: Keep speeds low and be ready to stop suddenly. Stay Off Devices: Distractions can cause you to miss a pedestrian. Watch for Children: Kids can dart out from between cars without warning. Use Signals: Let others know when you’re turning or backing up. For Parents and Shoppers Hold Hands with Young Children: Keep them close in busy parking areas. Load Carefully: Position carts and children out of moving traffic while loading purchases. Teach Awareness: Remind kids to stop and look before crossing lanes or emerging from between cars. GTS Law Firm: Protecting Families in Charlotte County At GTS Law Firm, we know that even a quick shopping trip can lead to unexpected accidents. If you or your child is injured due to a driver’s negligence in a parking lot, our attorneys are here to help you understand your rights and seek fair compensation. Let’s keep this back-to-school season safe—not just on the roads, but in the parking lots where families gather to prepare for the year ahead. If you’ve been involved in a parking lot incident, contact GTS Law Firm for a consultation.
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By Jason B. Goldman July 11, 2025
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