Quick Answer: Is uninsured motorist coverage required in Florida?
Florida does not require drivers to buy uninsured motorist coverage, but a policy with bodily injury liability coverage must include it unless a named insured rejects it in writing on a state-approved form.
After a car accident, you may assume the at-fault driver's insurance will help pay for your injuries. Finding out that the driver has no bodily injury coverage can be especially discouraging when you are already trying to recover and return to your normal routine.
Uninsured motorist coverage in Florida may provide another way to recover compensation. Because the state generally does not require bodily injury liability insurance, some drivers have no coverage to pay for the injuries they cause.
If you are facing this situation in Melbourne or Brevard County, a Florida car accident attorney can review your insurance policy and help you determine what compensation may be available through your UM coverage.
Key Takeaways About Uninsured Motorist Coverage in Florida
- Florida does not require drivers to carry bodily injury liability coverage to register a car, which leaves many injured people dependent on their own UM coverage.
- An auto policy that includes bodily injury liability coverage must also include UM coverage unless a named insured rejects it, or selects lower limits, in writing.
- Florida treats an insured driver as "uninsured" for UM purposes when that driver's bodily injury limits are less than the injured person's total damages.
- UM coverage pays for pain and suffering only when the injury meets Florida's serious injury threshold.
- Florida UM coverage is stacked by default, and an insurer may offer non-stacked coverage only with a signed acceptance form and a reduced premium.
Does Florida Require Uninsured Motorist Coverage?
Florida does not require you to buy UM coverage, but section 627.727 of the Florida Statutes makes it the default whenever a policy provides bodily injury liability coverage for a vehicle registered or principally garaged in Florida.
UM coverage remains in place unless a named insured rejects it in writing.
The Written Rejection Form
A named insured can reject UM coverage, or choose limits lower than the policy's bodily injury limits, only on a form approved by the Florida Office of Insurance Regulation. The form must carry a bold warning that the signer is giving up valuable coverage.
Once a named insured signs it, Florida law conclusively presumes the rejection was informed and knowing, and it applies to everyone insured under the policy.
Matching UM Limits to Liability Limits
UM limits must equal the policy's bodily injury liability limits unless the named insured selects a lower limit offered by the insurer.
A rejection or lower selection generally carries forward when the policy renews or is replaced with the same liability limits, so a choice made when the policy was first bought can still control coverage today.
Policies Without Bodily Injury Coverage
The UM requirement is tied to bodily injury liability coverage. A driver who buys only the minimum PIP and property damage liability required to register a car in Florida has no bodily injury liability coverage, so there is no default UM coverage on that policy.
What Does Florida UM Coverage Pay For?
UM coverage pays the injury damages an uninsured or underinsured driver would legally owe you, up to your UM limit.
UM coverage may also compensate you for losses that exceed payments from other sources, including:
- PIP benefits under your own policy
- Workers' compensation and disability benefits
- Automobile medical payments coverage
- Any liability coverage that does pay, including the at-fault driver's policy
- Payments from anyone else legally responsible for the crash
The statute also bars insurers from reducing the UM limit through a setoff against other coverage, including liability insurance. Your UM limit is the amount available after those other sources have paid their share of your damages.
Pain and Suffering Requires a Serious Injury
Uninsured motorist (UM) coverage follows the same rules for pain and suffering as a claim against the at-fault driver.
Under Florida law, you can recover compensation for pain, suffering, emotional distress, and inconvenience only if your injury meets the state’s serious injury threshold.
Qualifying car accident injuries include permanent injuries, significant and permanent loss of an important bodily function, significant and permanent scarring or disfigurement, or death.
How Underinsured Motorist Coverage Fills the Gap
Under Florida law, insurance claims get complicated when a driver's bodily injury insurance does not cover the full amount of your damages. This allows your uninsured motorist (UM) coverage to also protect you when the at-fault driver does not have enough insurance.
For example, suppose the at-fault driver has $25,000 in bodily injury coverage, but your damages total $150,000.
Your UM coverage may help pay the remaining $125,000, up to your policy limits. The amount you can recover depends on the facts of your case and the terms of your insurance policy.
Your Own Fault Still Counts
Because UM pays what the at-fault driver would legally owe you, Florida's comparative negligence rule applies. A person found more than 50% at fault for their own harm recovers nothing, and anyone at 50% or less has damages reduced by their share of fault.
A separate lawsuit against the at-fault driver for negligence generally must be filed within two years under Florida's statute of limitations, and the UM policy itself may set notice and cooperation conditions that start running right after the crash.
Stacked vs. Unstacked UM Coverage in Florida
Stacked uninsured motorist (UM) coverage allows you to combine the coverage limits for multiple insured vehicles. Unstacked coverage generally limits how much you can recover based on the coverage available for the vehicle involved in the accident.
Florida law makes stacked UM coverage the standard option. Under subsection (8) of the law, insurance companies can offer unstacked coverage only if the policyholder signs an approved form.
That choice applies to everyone covered by the policy. The premium for unstacked UM coverage must be at least 20% lower than the premium for stacked UM coverage.
The table below shows how the two options play out for a household with three vehicles on one policy, each carrying the same UM limit.
| Situation for a household member | Stacked UM coverage | Unstacked (non-stacking) UM coverage |
|---|---|---|
| Injured while driving one of the household's insured vehicles | Limits for all three vehicles may be added together | Limited to the UM coverage on the vehicle being driven |
| Injured as a passenger in a friend's car | Limits for all three vehicles may be added together, subject to policy terms | Highest single-vehicle UM limit on the household policy, as excess over the friend's coverage |
| Struck as a pedestrian or bicyclist | Limits for all three vehicles may be added together | Any one vehicle's UM limit, selected by the injured person |
| Injured in a household-owned vehicle that carries no UM coverage | Depends on policy terms | No UM coverage applies under the non-stacking provisions |
Stacking matters most when a household insures several vehicles with modest limits, because a single serious injury can exceed one vehicle's limit quickly. The actual numbers depend on the policy, so the declarations page and the signed election forms are the documents to check.
How Does a UM Claim Work Against Your Own Insurer?
Although you file a UM claim with your own insurance company, the insurer may still dispute who was at fault, the extent of your injuries, or how much compensation you should receive.
Settling With the At-Fault Driver's Insurer First
Before accepting a liability settlement that leaves an underinsured claim open, Florida law requires a specific notice process under subsection (6):
- The injured person, or the personal representative in a death case, sends written notice of the proposed settlement by certified or registered mail to every UM insurer that provides coverage.
- The UM insurer has 30 days after receiving the notice to authorize the settlement or keep its right to pursue the at-fault driver.
- If the UM insurer approves or does not respond in time, the injured person may sign the release and finalize the settlement without harming the UM claim.
- If the UM insurer refuses permission, it must pay the injured person the amount of the liability insurer's written offer within the same 30 days.
The UM insurer receives credit for the at-fault driver's full liability limits against total damages, even if the settlement was for less. That credit reduces the damages figure, not the amount of UM coverage available.
When the Insurer Does Not Act in Good Faith
Under Florida Statutes § 624.155, an insurer may face a bad faith claim if it fails to settle a claim when it reasonably should have. Before filing a lawsuit, the claimant must give the insurer and the state written notice and 60 days to correct the problem.
A successful UM bad faith claim may allow recovery beyond policy limits, plus interest, attorney’s fees, and costs. However, a simple mistake is not enough to prove bad faith. A jury may also consider whether the claimant acted fairly during settlement talks.
Reviewing Your Florida UM Coverage
A few documents answer most UM questions, whether you are reviewing coverage before a crash or sorting out a claim after one. The documents that usually settle the question are these:
- The declarations page, which lists UM limits and shows whether the coverage is stacked or non-stacked
- Any signed UM rejection or lower-limits selection form
- Any signed non-stacking acceptance form
- Policies for every vehicle in the household, since stacking and household rules can bring them into play
- The at-fault driver's liability limits, which usually come from that driver's insurer once a claim is opened
If no signed rejection form exists, that absence can matter, because the statute presumes an informed rejection only when a named insured signed the approved form.
FAQs About Uninsured Motorist Coverage in Florida
Does uninsured motorist coverage pay for car damage in Florida?
After a car accident, uninsured motorist coverage in Florida does not pay for car damage because the UM statute covers bodily injury, sickness, disease, and death.
Damage to your vehicle after a crash with an uninsured driver is usually handled through your own collision coverage, if you carry it, or a direct claim against the driver.
How do I add UM coverage after rejecting it in Florida?
A named insured can request UM coverage, or higher UM limits, in writing. Florida requires insurers to notify the named insured at least once a year about UM options, as part of the premium notice, and that notice must include a way to request the coverage.
Does UM coverage apply during an Uber or Lyft ride in Florida?
UM coverage can apply during an Uber or Lyft ride in Florida, because section 627.748 requires rideshare coverage, while a driver is logged on or carrying a passenger, to include uninsured and underinsured motorist coverage as required by section 627.727.
That requirement reaches only as far as section 627.727 itself does, so policy terms and any valid rejection matter. A passenger's own UM coverage may also apply, depending on the policy's terms.
Does the at-fault driver's settlement lower my UM limit in Florida?
An at-fault driver's settlement does not lower your Florida UM limit: the at-fault driver's liability limits are credited against your total damages, but Florida law states that the credit does not reduce the amount of UM coverage available.
The statute also bars a setoff of UM limits against other coverage.
What happens if the at-fault driver's insurance company is insolvent?
If the at-fault driver's insurance company becomes insolvent within four years of your crash, Florida law may treat that driver as uninsured. Your UM coverage may help pay for your injuries if the coverage was in effect when the accident happened.
Claims against an insolvent insurer itself go to the Florida Insurance Guaranty Association.
Protect Your Rights After an Accident With an Uninsured Driver
After a serious crash with an uninsured driver, you may find yourself fighting for compensation from your own insurance company. No Client Left Behind helps injured people in Melbourne and throughout Brevard County navigate these disputes.
Our attorneys handle the paperwork, negotiate with insurers, and protect your rights while you focus on your recovery.
A Melbourne car accident attorney can review your policy, explain your coverage, and help you understand your options. Call (786) 733-9509 to start that conversation.
