What If the Other Driver Doesn’t Have Insurance?

You’ve been in a car accident. You’re shaken up, your car’s damaged, and now you’re hearing the words no one wants to hear:
“The other driver doesn’t have insurance.”

Unfortunately, this happens more than you’d think—especially here in Florida, where an estimated 1 in 5 drivers are uninsured. But before you panic, take a breath. You still have options.

As a personal injury lawyer, I help clients through this exact situation all the time. Here’s what you need to know if the person who hit you doesn’t have car insurance—or not enough of it to cover your losses.

Florida’s Minimum Insurance Requirements (And What’s Missing)

Florida is a no-fault state, which means your own PIP (Personal Injury Protection) covers your initial medical bills, regardless of who caused the accident. But PIP only goes so far—usually up to $10,000—and it doesn’t cover:

• Vehicle repairs

• Pain and suffering

• Lost wages beyond a certain point

• Long-term care needs

And Florida doesn’t require drivers to carry bodily injury liability coverage—so if they’re at fault and uninsured, you may not be able to recover anything from their policy.

Your Best Protection: UM/UIM Coverage

This is where Uninsured/Underinsured Motorist (UM/UIM) coverage comes in. It’s optional in Florida—but if you have it, it can save you from financial disaster.

UM/UIM coverage steps in to pay for:

• Medical expenses

• Lost wages

• Pain and suffering

• Future medical care

• Wrongful death damages (in fatal cases)

It applies when:

• The at-fault driver has no insurance

• The at-fault driver’s insurance is too low to cover your damages

• You’re the victim of a hit-and-run

✅ If you’re reading this before an accident ever happens: Check your policy. If you don’t have UM/UIM, I strongly recommend adding it.

✅ If you’re reading this after an accident: Let’s check your policy together. Many people don’t even realize they have it.

What If You Don’t Have UM/UIM Coverage?

You still have options. In certain cases, we may be able to:

• File a personal injury lawsuit directly against the at-fault driver (if they have assets worth pursuing)

• Use your health insurance to cover medical bills

• Tap into collision coverage for property damage

• Seek compensation through MedPay or other add-ons in your policy

Every case is different, and that’s why it’s important to speak with a lawyer early—before you accept anything or assume you’re out of luck.

What You Should Do After an Accident With an Uninsured Driver

1. Call the police and get an official crash report

2. Get medical treatment as soon as possible—within 14 days to preserve your PIP rights

3. Exchange information and gather as much detail as possible

4. Contact your insurance company—but don’t give a recorded statement until you’ve talked to a lawyer

5. Call an attorney to help you review your policy and build your case

Final Thoughts

Getting hit by an uninsured driver can feel like a nightmare—but it doesn’t have to be the end of the road. With the right legal guidance and a careful review of your insurance coverage, there are often more solutions than you think.

Call Chatenka Injury Law today for a free consultation.
I’ll personally review your case, explain your options, and help you fight for the compensation you deserve—no matter what kind of coverage the other driver had (or didn’t have).