After a car accident, one of the first questions people ask is whether the other driver has insurance. When the answer is yes, it can feel reassuring.
But in Florida, “the driver has insurance” does not necessarily mean there is enough insurance—or even bodily injury liability coverage—to compensate you for your injuries.
A driver may have a valid Florida auto insurance policy and still have no bodily injury liability coverage available for the person they injured. Another driver may carry bodily injury coverage, but with limits far below the losses caused by a serious accident.
Understanding the difference can become extremely important after a crash.
How Can a Florida Driver Have Insurance but No Coverage for My Injuries?
Florida’s insurance system is often misunderstood.
For most Florida vehicle owners, the basic insurance requirements include Personal Injury Protection (PIP) and at least $10,000 in property damage liability coverage. Bodily injury liability insurance is not universally required simply because someone owns and registers a private vehicle, although it can be required in certain circumstances.
That means the driver who caused your accident may be able to show a valid insurance card, while the policy provides no bodily injury liability coverage to compensate you for injuries caused by that driver.
The insurance card alone therefore does not tell you how much coverage is actually available for your injury claim.
What If the Other Driver Has Bodily Injury Coverage, but It Isn’t Enough?
Having bodily injury liability coverage does not necessarily solve the problem.
Imagine that someone suffers significant injuries requiring hospitalization, extensive treatment, time away from work, or future medical care. If the responsible driver’s bodily injury limits are relatively low, those limits may be insufficient to cover the person’s total damages.
This is an underinsured motorist situation.
Florida Statute §627.727 specifically recognizes an insured vehicle as an “uninsured motor vehicle,” for purposes of the statute and subject to the applicable coverage terms, when the liability insurer provides bodily injury limits that are less than the injured person’s total damages.
What About My Own PIP Insurance?
Florida PIP is different from the at-fault driver’s bodily injury liability coverage.
Under Florida Statute §627.736, qualifying PIP coverage provides up to $10,000 in medical and disability benefits, subject to statutory requirements and limitations. Medical benefits generally pay 80% of reasonable expenses for medically necessary covered treatment, and initial services and care must generally be received within 14 days after the accident.
PIP can therefore be an important first source of benefits after an accident, but it should not be confused with bodily injury liability insurance or with compensation for the full extent of a serious injury claim.
This Is Why Uninsured and Underinsured Motorist Coverage Can Be So Important
Uninsured/underinsured motorist coverage—usually called UM/UIM coverage—can protect an insured when the person responsible for an accident has no bodily injury liability insurance or does not have enough liability insurance to cover the damages.
Under Florida Statute §627.727, when a Florida motor vehicle liability policy provides bodily injury liability coverage, UM coverage generally must also be provided unless the named insured rejects it in writing or selects lower limits as permitted by the statute.
The Florida Bar likewise explains that UM coverage may apply when an at-fault driver has no insurance or insufficient liability insurance to cover the injured person’s total damages.
Whether UM/UIM coverage actually applies after a particular accident depends on the policy, the people and vehicles involved, and the circumstances of the crash.
Don’t Assume the First Insurance Policy Is the Only Coverage Available
When serious injuries are involved, determining available insurance coverage can require more than obtaining the at-fault driver’s insurance card.
Depending on the facts, an insurance investigation may involve determining who owned the vehicle, whether the driver was working at the time of the crash, whether a commercial or rideshare policy applies, and whether applicable uninsured or underinsured motorist coverage exists.
The important point is simple: the first policy you discover may not necessarily tell the whole insurance story.
This is particularly important when the injuries are significant and the apparent liability limits are inadequate.
Should You Check Your Own Auto Policy Before an Accident Happens?
Yes.
Many people first learn whether they purchased UM/UIM coverage only after they have been seriously injured by someone without enough insurance.
Reviewing your declarations page now can tell you whether UM/UIM coverage appears on your policy and what limits are shown. If you do not understand your coverage, you can ask your insurance agent or carrier to explain what you purchased and what options are available.
UM/UIM coverage protects you and other qualifying insureds, rather than protecting the person who caused the accident. Florida law even requires the statutory rejection form to warn consumers that they are declining coverage intended to protect them and their families.
Injured in a Florida Car Accident and Unsure What Insurance Is Available?
Do not assume that seeing an insurance card means there is enough coverage for your injuries—and do not automatically assume there is no possible recovery simply because the first policy has little or no bodily injury coverage.
The available insurance must be evaluated based on the specific accident, vehicles, drivers, policies, and circumstances involved.
Yana Kurzman is a Florida personal injury attorney and founder of Kurzman Law Group in Fort Lauderdale. If you were injured in a car accident and have questions about the insurance coverage available for your claim, contact Kurzman Law Group for a free consultation.
Primary authority:
Florida Statute §627.727 — Uninsured and underinsured motor vehicle coverage.
Supporting authority:
Florida Statutes §§324.022 and 627.736.
