Understanding Uninsured and Underinsured Motorist (UM/UIM) Claims in Florida
Car accidents can be pretty stressful. The situation can get even more stressful if you get into an accident with a driver who doesn’t have insurance or has insufficient coverage. So, what happens in such a situation? In Florida, this is where Uninsured Motorist (UM) and Underinsured Motorist (UIM) claims come in. Understanding your rights and how these claims work is vital for protecting your financial recovery after an accident.
What Are Uninsured and Underinsured Motorist (UM/UIM) Claims?
In Florida, Uninsured/Underinsured motorist (UM/UIM) claims are first-party insurance claims that a driver files with their insurance company when an at-fault driver doesn’t have liability insurance (UM) or has insufficient coverage (UIM) to pay for their damages. Both these claims allow you to pursue compensation for the same types of damages you could have recovered from the negligent driver if they had sufficient coverage, including:
- Medical expenses
- Lost wages and lost earning capacity
- Pain and suffering
- Property damage
Why Is UM/UIM Important in Florida?
Florida does not legally require drivers to carry UM/UIM coverage. However, Florida Statutes section 627.727 requires insurance companies to offer it with every policy. Drivers may choose to waive it or select lower coverage limits in writing, but opting out leaves you vulnerable.
Florida has a high number of uninsured and underinsured drivers. Even careful drivers can find themselves in an accident where the other party cannot pay for damages. Without UM/UIM coverage, you could be responsible for paying medical bills, lost wages, and vehicle repairs out-of-pocket, leading to serious financial strain.
How Do UM/UIM Claims Work?
Here are the steps involved in a Florida UM/UIM claim:
- Notify Your Insurance Company: It’s important to inform your insurance company as soon as possible. Share all relevant details, including police reports, witness accounts, and photographs.
- Investigate Coverage Limits: Your insurer or attorney will verify that the at-fault driver has no insurance (UM) or insufficient coverage (UIM) to cover your damages.
- Gather Evidence and Documentation: Collect all medical records, medical bills, police reports, repair estimates, and wage loss documentation to support your claim.
- Resolution: This may involve negotiation, mediation, arbitration, or even a lawsuit against your own insurer.
Common Challenges in UM/UIM Claims
Some people assume that seeking compensation from their insurance company is easy. However, the reality is that UM/UIM claims can face many challenges, including:
- Disputed Liability: Your insurance company may try to assign you partial fault to reduce your payout.
- Disputed Injuries: Your insurer may argue that the accident was not the cause of your injuries, or your injuries aren’t as severe as you claim.
- Policy Limits: Your coverage may cap the amount you can recover.
- Undervaluing Damages: Claims adjusters may dispute the amount of damages.
- Delay Tactics: Your insurance company may delay processing your claim to pressure you into accepting a lower settlement.
How To Protect Your Rights
If you are involved in a Florida car accident with an uninsured or underinsured driver, here are the key steps to take to protect your rights:
- Notify your insurance company immediately
- Seek prompt medical care
- Maintain detailed records of losses and damages
- Avoid admitting fault
- Consult a Florida car accident attorney
Contact an Orlando Car Accident Attorney
If you’ve been in an accident with an uninsured or underinsured driver, contact an Orlando car accident lawyer at Orlando Accident Attorneys today to protect your rights and maximize your compensation.
Source:
leg.state.fl.us/STATUTES/index.cfm?App_mode=Display_Statute&URL=0600-0699/0627/Sections/0627.727.html