What Happens If the At-Fault Driver Doesn’t Have Insurance?

You’ve been in a crash. Your car is wrecked. You’re injured. You do everything right — get medical treatment, call the police, report the accident — and then you find out:

“The other driver doesn’t have insurance.”

Now what?

I wish I could say this is rare, but here in Florida, it happens more than you’d think. In fact, Florida has one of the highest rates of uninsured drivers in the country.

The good news? You still have options. And you’re not alone.

1. Your PIP Coverage Kicks In First

Like I’ve mentioned before, Florida is a no-fault state — which means your own Personal Injury Protection (PIP) covers up to $10,000 of your medical expenses, regardless of who caused the accident.

But if your injuries are serious, that money disappears fast — and that’s where things get tricky.

2. The At-Fault Driver May Be Held Personally Responsible

If the other driver broke the law by driving without insurance, we can still pursue a personal claim against them — but here’s the truth:

If they don’t have insurance, they usually don’t have assets either. So while we can file a lawsuit and potentially win a judgment, collecting that money is a whole other story.

3. This Is Where UM/UIM Coverage Saves You

If you’ve ever heard me talk about uninsured/underinsured motorist (UM/UIM) coverage, this is exactly why I push it so hard.

If you have UM coverage on your auto policy, it acts like a safety net — stepping in to cover:
✔️ Medical bills
✔️ Lost wages
✔️ Pain and suffering
✔️ Long-term care needs

Even if the other driver has no coverage at all. It’s optional in Florida, but it’s worth every penny — and I recommend everyone carry it.

4. What If You Don’t Have UM Coverage?

If you don’t have UM and the other driver has nothing, your recovery options are limited. That’s why it’s so important to check your policy before something happens — not after.

If you’re already in this situation, don’t give up. We’ll look at every possible angle, including:

  • Medical payment (MedPay) coverage

  • Health insurance

  • Negotiating medical bills

  • Exploring liability from other parties (e.g., employers, vehicle owners)

5. Don’t Navigate It Alone — We’ll Help You Sort It Out

These situations are frustrating, but you don’t have to figure it out by yourself. We’ll walk through your coverage, explain your legal options, and go to bat for you — whether it’s with your own insurance company or in court.

Bottom Line: Don’t Wait Until It’s Too Late

If you’ve been hit by someone without insurance — or you’re not sure what your policy covers — call me. We’ll review everything, protect your rights, and help you get the care and compensation you deserve.

And if you’re reading this before something happens? Go check your policy. Add UM/UIM. You’ll thank me later.

— Aaron

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How Long Do You Have to File a Personal Injury Claim in Florida?

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Who Pays Your Medical Bills After a Florida Car Accident?