What To Do If An Uninsured Driver Hits Your Car

Having motor vehicle insurance if you live in Florida isn’t just a good idea, it is the law. Any driver on the road must have current liability insurance coverage. This includes the minimum limits of bodily injury liability for $10,000 per person, $10,000 for property damage, personal injury protection of $10,000, and $20,000 per crash. Even with this law in effect, millions of drivers are on the road without any car insurance.

Four Steps To Take If The Driver Is Uninsured

After an accident, if you discover that the driver does not have insurance, don’t panic. There are some things you can do to protect yourself:

●  Contact The Police: Even if the other driver has insurance, the police should be contacted whenever an accident happens. The office will then file an accident report.

●  Exchange Information: The driver may not have insurance to give you but you still want to get their contact information and the details of the vehicle. Get contact information on anyone who witnessed the accident.

● Collect Evidence: In an accident is often easy to forget pertinent details. The easiest way to get the pertinent information is to use your cell phone to take photos of the vehicle including the make and model and driver’s license plate.

Take photos of the intersection or location of the accident. Note the witness information, time of accident, and the officer’s badge number.

● Never Accept Money Or Bribes: An at fault driver with no car insurance can not only face large fines, but can lose their license. They may try to offer you money to avoid any legal issues. Do not ever accept money from an uninsured motorist.

If your injuries are severe, you should go straight to the hospital. Whether the driver is insured or not, your health is the most important thing. These details can be worked out later.

How Do I Get Compensated If The At Fault Driver Is Uninsured?

You do have some options if you are in an accident with an uninsured motorist. Two of these options are:

● Collect Damages From Your Own Auto Insurance: Because Florida is a “no fault” state, you have the option to obtain payment with your Personal Injury Protection liability.

● Seek Damages From The At Fault Uninsured Driver: As a “no fault” state, this is normally not an option, but as with every rule, there are exceptions.

According to the law, these exceptions include: “Significant and permanent loss of an important bodily function; permanent injury within a reasonable degree of medical probability, other than scarring or disfigurement; significant and permanent scarring or disfigurement; or death.” In addition, “An owner of a motor vehicle who fails to obtain the required insurance at the time of the accident shall have no immunity from tort liability and is personally liable for the payment of PIP benefits”. Always consult with an attorney.

The best way to avoid all this aggravation, stress, and pain of recovery is to prepare ahead of time with uninsured motorist coverage.

Ways To Prepare For Uninsured Motorists

The best way to be prepared is to add additional insurance to your coverage such as:

● Uninsured Motorist: This coverage will “kick in” when you are in an accident with an uninsured driver.

● Underinsured Motorist: Similar to uninsured motorist coverage, it covers the cost difference between your total damages and the other driver’s coverage.

● Collision Coverage: Collision coverage can help you pay for your vehicle when you are in an accident with an uninsured driver or a hit and run driver.

These insurance plans are pretty standard and can help you if you ever in an accident.

Finally, the most important thing to do is to retain the services of a qualified accident attorney. At Justice Pays, our team of auto accident lawyers have nearly a century of experience helping victims of uninsured drivers. We have been able to fight to get them compensation to pay for all their injuries and damages. If you’ve been hit by an uninsured driver and don’t know what to do, give us a call today at one of our many South Florida locations for a free case review to learn how we can help.


Client Testimonials

Attorney David Goldman has been exceptional in the process of helping me through the case. He has always been easy to reach, whether by phone or email, and has thorough knowledge and explains clearly in depth so you feel safe and confident in your lawyer

I used Michael Babboni and his paralegal, Nicole Moore for a legal matter. They went above and beyond my expectations. During the entire process there was constant communication with both Michael and Nicole. They were extremely organized and on top of my case, which I am very grateful for. Michael truly had my best interests at heart and he was very genuine. I plan on referring Michael to all family and friends and will continue to use him in the future.

I dealt most with Mr. Fernandez. I didn’t know a lot about this process. He took the time to speak with me individually, in person, to explain everything. It was very helpful to actually know and understand the process and what to expect. He closed my case quickly, which was nice that it was not prolonged! I appreciated his hard work and getting me what I felt I deserved after my car accident. I highly recommend him to anyone who needs an honest and reliable lawyer to assist you with your case!

I hired Mr. Walsh after an automobile accident this past March. He and his entire staff were extremely professional. They kept me informed every step of the way and settled my case in a timely manner. Thank you so much for your help.

Get Your Free Case Review

Fill out my online form.

Law Offices Near You

Sarasota Office



3550 S Tamiami Trail, 3rd Floor Sarasota Florida 34239

Bradenton Office



5291 Office Park Blvd. Bradenton Florida 34203

St. Petersburg Office

St. Petersburg


6446 Central Avenue St. Petersburg Florida 33707

Venice Office



3986 S. Tamiami Trail Venice Florida 34293

Englewood Office



2960 S. McCall Rd Englewood Florida 34224

Port Charlotte Office

Port Charlotte


3986 Tamiami Trail Port Charlotte Florida 33952

Arcadia Office



10 South DeSoto Avenue Arcadia Florida 34266

Fort Myers Office

Fort Myers


8359 Beacon Blvd Fort Myers Florida 33907

Lakeland Office



5137 S. Lakeland Dr. Lakeland Florida 33813

Get personal attention from a lawyer with decades of experience.