The driver who hit you had no insurance, or not enough of it, and now the company you have been paying premiums to is the one deciding what your injuries are worth. Our Orlando uninsured motorist accident lawyers handle that claim for people across Central Florida, and it is a different fight from a standard car accident case.
Bogin, Munns & Munns has several offices along the I-4 corridor and the Space Coast. Call +1 (407) 578-9696 for a free review of your policy and your claim.
What Happens When the Driver Who Hit You Has No Insurance?
Your own uninsured motorist coverage becomes the source of recovery, if you have it. That coverage stands in for the missing policy and pays the damages the at fault driver should have paid, up to your limits.
The claim itself changes character. Instead of negotiating with a stranger’s carrier, you are making a claim against your own, and your insurer now has a financial reason to value your injuries as low as it reasonably can.
Bring us your declarations page before you give any statement. Most people do not know what they bought.
To consult with an experienced uninsured and underinsured motorist accident lawyer serving Orlando
(855) 780-9986
What Is the Difference Between Uninsured and Underinsured Motorist Coverage?
They solve two different problems, and Florida folds them into one statutory scheme. Uninsured motorist coverage applies when the at fault driver had no bodily injury liability coverage at all. Underinsured motorist coverage applies when they had some, but not enough.
Florida handles the second situation through the definition itself. Section 627.727(3)(b), Florida Statutes treats a vehicle as uninsured where the liability insurer “has provided limits of bodily injury liability for its insured which are less than the total damages sustained.”
| Situation | Which coverage responds | What it pays |
|---|---|---|
| At fault driver carried no bodily injury coverage | Uninsured motorist | Your damages up to your UM limits |
| At fault driver carried limits smaller than your damages | Underinsured motorist | The gap between their limits and your damages, up to your UM limits |
| Driver fled and was never identified | Uninsured motorist | Your damages up to your UM limits, subject to your policy’s proof requirements |
Why Does Florida Leave So Many Drivers Underinsured?
Because Florida does not require a private passenger driver to carry bodily injury liability coverage at all. The state’s baseline is $10,000 in personal injury protection under section 627.733, Florida Statutes and $10,000 in property damage liability under section 324.022.
That single fact drives everything else in a Florida uninsured motorist claim. A driver can be fully compliant with Florida law and still have zero dollars available to pay for a broken femur.
The bodily injury figures people cite, $10,000 per person and $20,000 per crash, come from the proof of financial responsibility rules in section 324.021(7), Florida Statutes. Those apply after certain events such as a crash or a conviction. They are not a registration requirement for an ordinary car.
Not sure what your policy includes? Call +1 (407) 578-9696 and we will read it with you.
Orlando Uninsured and Underinsured Motorist Accident Lawyer Near Me
(855) 780-9986
What Does Stacked Coverage Mean, and Do You Have It?
Stacking means combining the uninsured motorist limits across the vehicles on your policy instead of being held to one vehicle’s limit. In a two or three car household, it can multiply what is available.
Florida creates non stacked coverage through the optional policy provisions in section 627.727(8), Florida Statutes. Where an insured accepts that offer, coverage on two or more vehicles “shall not be added together to determine the limit of insurance coverage available to an injured person for any one accident.”
Accepting non stacked coverage comes with a premium reduction of at least 20 percent under the same subsection, which is how most people ended up with it without remembering the choice.
| Stacked | Non stacked | |
|---|---|---|
| Limits across multiple vehicles | Combined | Applied per vehicle |
| Typical premium | Higher | At least 20 percent lower on the UM portion |
| Coverage when occupying a non owned vehicle | Broader | Narrower, subject to § 627.727(8)(c) |
Your declarations page will say which one you have. That single line frequently makes a six figure difference in a serious injury claim.
When Does an Uninsured Motorist Claim Usually Come Up?
More often than the phrase suggests, and not only when a driver is uninsured outright.
The at fault driver carried no bodily injury coverage
The straightforward case, and a common one in a state that does not require the coverage.
The at fault driver’s limits are exhausted by other claimants
One policy split among several injured people leaves each with a fraction. Underinsured motorist coverage exists for that arithmetic.
The driver fled and was never identified
Covered on our hit and run page, and resolved through UM coverage when the investigation does not produce a name.
Your injuries turned out to be far more serious than the first offer assumed
Surgery months after the crash changes the value of a claim that looked modest in week one. If a release has already been signed with the liability carrier without notice to your UM insurer, that is a problem worth catching early.
You were a passenger, a pedestrian, or on a bicycle
You do not have to have been driving. UM coverage frequently follows the insured person, not only the insured car.
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Why Does Your Own Insurance Company Push Back on a UM Claim?
Because every dollar it pays you comes out of its own pocket rather than another carrier’s. That is the structural fact behind everything you will experience in the claim.
In a liability claim, your insurer is on your side. In a UM claim, the roles reverse. The same company can request recorded statements, medical authorizations, independent medical examinations, and examinations under oath, all under the terms of the policy you signed.
None of that is misconduct. It is the contract working as written, and it is precisely why claimants who handle UM claims alone tend to do worse than they should.
Our role is to answer those requests properly, to keep the medical picture accurate, and to press the claim toward the value the injuries actually support.
What Has to Happen Before You Settle With the At Fault Driver?
Notice to your underinsured motorist carrier, in writing, before you sign anything. Section 627.727(6)(a), Florida Statutes requires that written notice of a proposed settlement be sent by certified or registered mail to every underinsured motorist insurer providing coverage.
That carrier then has 30 days to either authorize the settlement or preserve its subrogation rights by paying the amount of the offer itself. Where the carrier authorizes or fails to respond, the statute allows a full release of the at fault driver without prejudice to the underinsured motorist claim.
Signing a release before that notice goes out is one of the few mistakes in a car accident claim that can be permanent. It happens most often to people who settled a small liability policy quickly and only later understood how serious their injuries were.
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How Do We Handle UM and UIM Claims in Orlando?
Our role is to locate every policy that could respond, establish which are stacked, follow the statutory notice steps in the right order, and then present the claim to your own carrier with the same rigor we would use against a stranger’s.
Coverage stacking questions reach beyond your own policy. A resident relative’s policy, a policy on a vehicle you were occupying, and an employer’s policy can each come into play depending on where you were and what you were doing.
We also handle the timing. A UM claim carries policy conditions and notice requirements that come due long before the two year deadline for most negligence claims under section 95.11(5)(a), Florida Statutes.
Bogin, Munns & Munns serves Orlando, Kissimmee, Clermont, Orange City, Daytona Beach, Melbourne, Titusville, Leesburg, The Villages, Ocala, and Gainesville. Alongside personal injury we handle criminal defense, immigration, estate planning, probate, bankruptcy, civil litigation, employment, real estate, and workers’ compensation, so one firm can cover a household’s whole picture.
These claims are handled on a contingency fee, and the consultation is free.
No Gimmicks. Just Results.
Your Policy Was Bought for Exactly This
Nobody buys uninsured motorist coverage expecting to argue about it. When the moment arrives, the company on the other side of the conversation is the one that already has your file.
Speak with an Orlando uninsured motorist accident attorney at Bogin, Munns & Munns at no cost. Call +1 (407) 578-9696 or send us a message, and bring your declarations page. We will tell you what it actually covers.
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