Florida uninsured and underinsured motorist coverage
Uninsured and underinsured motorist coverage is designed to protect insured people who are legally entitled to recover damages from an owner or operator who has no bodily-injury liability coverage or not enough coverage. The difficult questions are often who qualifies as an insured, whether coverage was selected or rejected, which policies apply, and whether limits stack.
Claims we evaluate
The analysis begins with the people, vehicles, policies, and evidence connected to the collision.
What the case may require
Florida law generally requires UM coverage with bodily-injury liability coverage unless an authorized insured makes a written rejection or selects lower limits. Whether a form is legally effective can depend on its content, execution, policy history, and the transaction involved.
A complete policy and underwriting file may be needed to evaluate coverage rather than relying on a single summary page.
The named insured, resident relatives, permissive occupants, and other persons may have different rights under different policy terms. Residency, vehicle use, household relationships, and claimant status should be investigated carefully.
A passenger may have potential coverage through the occupied vehicle, a personal policy, or a household policy, subject to policy language and Florida law.
Stacking questions can affect the number of limits potentially available and the reach of coverage beyond a specifically insured vehicle. The policy selection, number of vehicles, premiums, claimant status, and statutory rules matter.
No assumption about stacking should be made until the declarations, forms, endorsements, and policy history are reviewed.
Evidence to preserve
Crash evidence and insurance records can disappear, change, or become harder to obtain.
Florida UM/UIM law
Section 627.727, Florida Statutes, addresses uninsured and underinsured motorist coverage, written rejection or selection of lower limits, stacking, and related policy requirements.
A UM/UIM claimant must still prove legal entitlement to damages from the uninsured or underinsured motorist, as well as causation and the amount of loss.
Review the current Florida TNC statute, UM/UIM statute, and PIP statute as applicable.
Common questions
No. Liability coverage protects an insured against claims by others. UM/UIM coverage protects qualifying insured people when the responsible motorist lacks adequate liability insurance.
Yes. A UM/UIM carrier may dispute coverage, fault, causation, or damages. Although it is your insurer, the claim can become adversarial.
Do not assume so. Policy and statutory procedures may protect the UM carrier’s rights. Review the required notice and consent process before signing a release.
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