Weston Uninsured Motorist Accident Lawyer

Being injured by a driver who has little or no insurance can make an already difficult car accident much more complicated. You may be facing medical treatment, lost income, vehicle damage, and other losses while discovering that the person who caused the crash doesn’t have enough liability coverage to cover them.

A Weston uninsured motorist accident lawyer can review your insurance policies, determine whether uninsured or underinsured motorist coverage may apply, investigate other potential sources of compensation, and help you pursue benefits available under Florida law.

Winston Law Firm represents people injured in uninsured and underinsured motorist crashes throughout Weston, Broward County, and South Florida. If a driver hit you and did not carry enough insurance, contact us for a free consultation.

What Is Uninsured Motorist Coverage?

Uninsured motorist coverage, commonly called UM coverage, is automobile insurance designed to protect insured people when they are injured by a motorist who does not have applicable bodily injury liability coverage.

Florida does not require every ordinary driver to carry bodily injury liability insurance in every circumstance. As a result, someone can cause a serious crash without having enough liability coverage available to compensate the people they injure.

UM coverage can help address that gap.

Florida law generally requires insurers issuing applicable automobile liability policies that include bodily injury coverage to offer uninsured motorist coverage unless the named insured rejects the coverage in writing or selects lower limits.

Whether UM coverage applies depends on the policy language, the people and vehicles insured, how the coverage was selected, and the circumstances surrounding the collision.

What Is Underinsured Motorist Coverage?

An underinsured motorist has liability insurance, but the available bodily injury limits are not enough to address the full value of the injuries and losses caused by the crash.

For example, a driver may carry relatively low bodily injury limits but cause injuries requiring surgery, rehabilitation, extended time away from work, or long-term medical care. The liability policy may be exhausted before it fully covers those losses.

Florida’s uninsured motorist statute treats certain underinsured vehicles as uninsured vehicles for purposes of UM coverage.

The important question is therefore not simply whether the driver who hit you had insurance. It may be whether enough applicable insurance exists to address the damages involved.

How PIP Fits Into an Uninsured Motorist Claim

Florida Personal Injury Protection, commonly called PIP, is separate from uninsured motorist coverage.

PIP can provide qualifying medical and lost-income benefits after a motor vehicle accident regardless of who caused the collision, subject to statutory requirements and limits.

Florida PIP generally pays 80% of qualifying medical expenses and 60% of qualifying lost gross income and earning capacity. To qualify, you generally must receive initial medical treatment within 14 days after the accident for PIP medical benefits to apply.

PIP may help with some early losses, but it frequently does not address the full financial consequences of a serious crash. Liability coverage and UM/UIM insurance may therefore become important sources of additional compensation.

How to Determine Whether You Have UM or UIM Coverage

Do not assume you do or do not have uninsured motorist coverage based only on an insurance card or a brief conversation with an adjuster.

A coverage review may include:

• The declarations page
• The complete automobile insurance policy
• UM selection or rejection forms
• Policy limits
• Whether coverage is stacked or non-stacked
• Which vehicles are insured
• Who qualifies as an insured under the policy
• Potential household policies
• Employer or commercial policies when relevant
• The bodily injury liability coverage available from the at-fault driver

Florida law permits a named insured to reject UM coverage in writing or select lower UM limits. That makes the actual policy and selection forms important.

If an insurer says UM coverage was rejected or limited, you may need to review the applicable paperwork and policy history before accepting that conclusion.

Stacked and Non-Stacked UM Coverage

Florida uninsured motorist policies may provide stacked or non-stacked coverage.

Stacked coverage can allow UM limits associated with multiple insured vehicles to be combined in certain circumstances. Non-stacked coverage generally restricts how coverage from multiple vehicles may be combined.

Florida law permits insurers to offer non-stacked UM coverage when the statutory requirements are satisfied.

This distinction matters because two drivers with the same stated UM limit may not have the same amount of coverage available.

How a Weston Uninsured Motorist Lawyer Can Help

A UM claim differs from an ordinary claim against another driver’s liability insurer. You are seeking benefits under an insurance contract that may be your own policy or another policy under which you qualify as an insured, but the carrier may still investigate fault, medical causation, damages, policy terms, and available limits.

Depending on the circumstances, Winston Law Firm can:

• Investigate how the collision occurred
• Confirm whether the at-fault driver was uninsured or underinsured
• Review all potentially applicable insurance policies
• Examine UM selection or rejection forms
• Determine whether coverage is stacked or non-stacked
• Review household, employer, or commercial policies when relevant
• Preserve accident evidence
• Collect police reports, photographs, video, and witness statements
• Document medical treatment and future care needs
• Calculate lost income and reduced earning capacity
• Communicate with insurance adjusters
• Evaluate settlement proposals
• Prepare and pursue litigation when necessary

Having UM coverage does not mean every issue will be resolved automatically. The insurer may still dispute how the collision occurred, whether the crash caused particular injuries, the severity of those injuries, or the amount of damages supported by the evidence.

Compensation Available Through a UM or UIM Claim

The compensation potentially available depends on the policy, applicable coverage limits, injury severity, evidence of fault, medical prognosis, comparative responsibility, and other circumstances.

Depending on the case and available coverage, damages may include:

Medical Expenses

• Emergency transportation
• Hospital care
• Diagnostic imaging
• Physician treatment
• Surgery
• Physical therapy
• Rehabilitation
• Medication
• Medical equipment
• Reasonably necessary future care

Lost Income and Reduced Earning Capacity

Serious injuries may prevent someone from working temporarily or permanently affect the person’s ability to earn income in the future.

Pain and Other Non-Economic Losses

Florida restricts recovery of pain, suffering, mental anguish, and inconvenience in qualifying motor vehicle cases unless the injury satisfies the applicable serious-injury threshold.

Whether that threshold is met can depend on medical evidence involving permanent injury, significant and permanent loss of an important bodily function, significant and permanent scarring or disfigurement, or death.

Wrongful Death Losses

If an uninsured or underinsured motorist causes a fatal collision, applicable UM coverage may also become relevant to a wrongful death claim depending on the insurance policy and circumstances.

Evidence That Can Strengthen an Uninsured Motorist Claim

A UM insurer may require evidence showing that the uninsured or underinsured driver was legally responsible and that the collision caused the injuries and losses being claimed.

Relevant evidence can include:

• Police crash reports
• Accident-scene photographs
• Vehicle damage photographs
• Dashcam footage
• Surveillance footage
• Witness statements
• Insurance information for the at-fault driver
• Confirmation of the other driver’s liability limits
• Your automobile insurance policy and declarations pages
• UM selection or rejection forms
• Medical records and diagnostic studies
• Employment and wage documentation
• Expert analysis when liability or damages are disputed

Identify and preserve evidence as early as reasonably possible because surveillance video can be overwritten, witnesses may become difficult to locate, and damaged vehicles may be repaired or destroyed.

Deadlines for Uninsured Motorist and Car Accident Claims in Florida

Different deadlines can apply to a negligence claim against the at-fault driver and a contractual UM claim involving an insurance policy.

Florida currently generally provides a two-year limitations period for negligence actions, including many lawsuits against drivers who cause motor vehicle collisions.

A claim for uninsured or underinsured motorist benefits arising from a written insurance policy is different. Florida’s limitations statute generally provides five years for an action founded on a written contract, obligation, or liability.

That does not mean every UM claim can safely wait five years. The date a particular claim accrues, policy provisions, settlement activity, notice requirements, exhaustion issues, and other legal rules can affect the actual deadline.

An injured person should therefore not rely on a generic deadline without reviewing the policy and the claim’s circumstances.

The four-year vehicle-accident deadline previously stated on this page is outdated and should not be relied upon.

Can Uninsured Motorist Coverage Apply to a Hit-and-Run?

UM coverage may also matter after certain hit-and-run crashes because the at-fault motorist may never be identified, or there may be no liability policy to pursue.

Whether a particular hit-and-run qualifies for UM benefits depends on the policy and facts surrounding the collision.

Useful steps may include contacting law enforcement, photographing vehicle damage and the scene, preserving dashcam footage, identifying nearby surveillance cameras, collecting witness information, and promptly notifying the appropriate insurer.

Uninsured Motorist Accidents in Weston

Weston has a road network that combines residential streets and local boulevards with access to major regional routes such as Interstate 75 and State Road 84.

Crashes may occur along Weston Road, Bonaventure Boulevard, Royal Palm Boulevard, Indian Trace, Saddle Club Road, South Post Road, or near the city’s major highway access points.

When the driver who causes a serious collision carries little or no bodily injury coverage, determining what insurance is actually available becomes especially important.

That review may involve PIP benefits, the at-fault driver’s bodily injury liability coverage, UM/UIM insurance, household policies, employer or commercial coverage, or other potentially applicable policies.

Related Weston Car Accident Resources

An uninsured motorist claim is often one part of a broader car accident case. Winston Law Firm has additional Weston resources that may be relevant.

• Weston car accident lawyers:
  Learn more about PIP, negligence, serious injuries, damages, comparative fault, evidence, and the broader Florida car accident process.
• Weston personal injury lawyers:
  Review broader negligence, damages, evidence, insurance, and serious injury issues.
• Weston defective roadway lawyers:
  Road design, construction, drainage, maintenance, visibility, and traffic-control issues may contribute to some crashes.
• Weston traumatic brain injury lawyers:
  Serious collisions can cause brain injuries affecting memory, concentration, balance, employment, and everyday functioning.
• Weston spinal cord injury lawyers:
  Spinal injuries may create substantial medical needs, disability, and long-term financial consequences.
• Weston wrongful death lawyers:
  Fatal collisions may involve wrongful death claims and applicable insurance coverage.

You can also review Winston Law Firm’s notable case results and our guide, Five Deadly Sins That Can Wreck Your Injury Claim.

Weston Uninsured Motorist FAQs

Is uninsured motorist coverage required in Florida?

Not in every policy. Florida generally requires insurers issuing applicable policies with bodily injury liability coverage to offer uninsured motorist coverage, but the named insured may reject the coverage in writing or select lower limits.

What is the difference between uninsured and underinsured motorist coverage?

Uninsured motorist coverage addresses crashes involving motorists without applicable bodily injury liability coverage. Underinsured motorist coverage may apply when the at-fault driver’s bodily injury limits are not enough to address the injured person’s damages.

Can I make a UM claim against my own insurance company?

Yes, when applicable UM coverage exists. Although the claim arises under an insurance policy under which you qualify for coverage, the insurer may still investigate liability, medical causation, injuries, damages, and policy terms.

Does PIP replace uninsured motorist coverage?

No. PIP and UM coverage serve different purposes. PIP provides certain no-fault medical and disability benefits, while UM coverage may provide additional compensation when an uninsured or underinsured driver is legally responsible for the collision.

What if I rejected uninsured motorist coverage?

If UM coverage was validly rejected, benefits may not be available under that policy. However, review the policy, rejection documents, household coverage, employer policies, and other potentially applicable insurance before assuming no UM coverage exists.

What does stacked uninsured motorist coverage mean?

Stacked UM coverage can allow you to combine limits from multiple insured vehicles in certain circumstances. Non-stacked coverage generally contains restrictions on how coverage may be combined.

Can UM coverage apply after a hit-and-run?

Potentially. UM coverage may apply when you can’t identify a hit-and-run driver or no applicable liability insurance is available. Whether coverage applies depends on the policy and facts surrounding the crash.

How long do I have to file a UM claim in Florida?

A written-contract action is generally subject to a five-year limitations period under Florida law, while a negligence action against an at-fault driver is generally subject to a two-year period. The actual deadline for a UM matter can depend on accrual, policy terms, notice requirements, settlement activity, and other circumstances.

Can I sue the uninsured driver directly?

Potentially. An injured person may still have a negligence claim against the at-fault driver. Whether pursuing that driver directly is practical depends on liability, assets, available insurance, damages, and other circumstances.

Can I recover pain and suffering through UM coverage?

Potentially. Florida’s motor vehicle serious-injury threshold applies to qualifying non-economic damages such as pain, suffering, mental anguish, and inconvenience. Whether you meet the threshold depends on the nature and permanence of your injuries and the supporting medical evidence.

Speak With a Weston Uninsured Motorist Accident Lawyer

Being hit by an uninsured or underinsured motorist does not necessarily mean there is no path to compensation. The key is identifying which insurance policies and legal claims may apply.

Winston Law Firm can investigate the collision, review available coverage, evaluate UM and UIM benefits, document injuries and losses, communicate with insurers, and pursue litigation when necessary.

If you were injured by an uninsured or underinsured driver in Weston, call Winston Law Firm at (954) 475-9666 to schedule a free consultation.