About one in eight drivers don’t carry car insurance. And what happens if you’re injured in a car crash caused by a driver who doesn’t carry liability car insurance? You could be stuck with some hefty out-of-pocket expenses like medical bills, health insurance deductibles, and lost wages.
Fortunately, there are car insurance coverage types that alleviate this problem: Uninsured motorist (UM) coverage and Underinsured Motorist (UIM) coverage which pays for medical bills and other expenses for you and your passengers if you’re in a car accident caused by:
A driver who doesn’t carry any liability car insurance
A driver who doesn’t have enough liability insurance to cover your medical bills
A driver whose insurance company denies coverage or goes out of business
Uninsured Motorist coverage can pay for:
Medical bills
Lost wages if you can’t work because of the car accident
Pain and suffering compensation
Funeral expenses
In some states, car damage, known as uninsured motorist property damage coverage
BREAKING DOWN UNINSURED MOTORIST COVERAGE
There are four main types of coverage grouped under uninsured motorist coverage:
Uninsured Motorist Bodily Injury (UM or UMBI) — pays when an at-fault driver causes a car accident.
Uninsured Motorist Property Damage (UMPD) — covers damage to your car if it’s hit by someone without insurance. Some states allow you to use UMPD to cover hit-and-run accidents.
Underinsured Motorist Bodily Injury (UIM or UIMBI) — pays when another driver causes a car accident but they do not carry enough liability insurance to cover all your medical bills, lost wages, etc.
Underinsured Motorist Property Damage (UIMPD) — covers damage to your car if it’s hit by someone who does not carry enough liability insurance.
Uninsured Motorist coverage is usually expressed as two numbers, such as 100/300. This translates to:
$100,000 bodily injury coverage per person.
$300,000 bodily injury coverage per accident.
So if you have 100/300 and four passengers are injured, with high medical bills, your maximum UM payout is $300,000. However, you can generally turn to health insurance after your UM coverage is exhausted
How Much Uninsured Motorist Coverage Do I Need?
If your state requires uninsured motorist coverage, you’ll need to buy at least the state’s minimum when you get car insurance quotes. The minimum will typically be UM coverage in amounts that match your liability coverage amounts. For example, if you have liability limits of $100,000 for injury to one person and $300,000 for injuries in one accident, you would buy 100/300 in UM coverage.
Florida
Requirements for buying UM or being offered UM Must be Offered
Can you reject UM in writing? Yes
Minimum UM coverage amount 10/20
Is UMPD required? N/A
UMPD deductible N/A
Do you have other insurance to cover car damage?
In states where uninsured motorist property damage coverage is available, you may not need it. Collision insurance will also cover damage to your car if someone else hits it, and it will cover a wide variety of circumstances, not just an uninsured driver.
Approximately one in eight drivers nationwide are uninsured, but there’s wide variation among states. Mississippi has the highest rate of uninsured drivers (29.4%) and New Jersey the lowest (3.1%). Florida has an estimated 20.4% of uninsured drives on the road.
Are Hit-and-Run Accidents Covered by UM?
A hit-and-run accident is typically defined as a car accident where the driver leaves the scene of the accident without exchanging insurance or contact information. A hit-and-run can occur between:
Cars
A car and property, like your fence or mailbox
A car and pedestrian
Depending on your state, uninsured motorist insurance may cover damages if you’re the victim of a hit-and-run. A hit-and-run is generally covered under two uninsured motorist coverage types:
Uninsured motorist property damage pays for repairs if your car or property is damaged after a hit-and-run accident.
Uninsured motorist bodily injury pays for medical bills if you’re injured in a hit-and-run accident.
Keep in mind, UMPD isn’t available in all states, and in states where UMPD is available it may not cover hit-and-run accidents. If your state allows UMPD coverage for hit-and-run accidents, there may be a deductible.
If you are the victim of a hit-and-run, here are some steps you can take:
Pull over in a safe area. Make sure you and your passengers are OK. It’s not a good idea to chase the other driver.
Record as many details about the accident as possible. Even if you didn’t get a look at the license plate, a description of the car (make, model, color) and driver can help during the insurance claim process. You’ll want to take note of the time and location of the accident and get the contact information from any eye witnesses.
Call the police.
Take photos of your car damage and the scene.
Call your insurance company.
WHAT IS STACKED CAR INSURANCE?
If you're confused by the terms “stacked” or “unstacked” in reference to your car insurance coverage, you're not alone. Here are the simple definitions of these terms:
Stacked car insurance increases your uninsured motorist (UM) and underinsured motorist coverage (UIM), depending on the number of vehicles you own. It allows you to combine — or “stack” — the limits for each vehicle, giving you a greater total amount of coverage.
Unstacked coverage on your quote applies your standard coverage limits to one specific vehicle, without combining the amounts.
How does stacked car insurance work?
Stacked car insurance usually works in one of two ways:
You can insure multiple cars on the same auto insurance policy. The limit of each car’s uninsured motorist coverage can be combined to create a higher composite limit, providing more coverage.
You can insure two or more cars on separate policies, though both policies must be in your name. The limits of each policy’s uninsured/underinsured motorist coverage can be combined. However, the availability of either option is not guaranteed.
In either instance, if you own two vehicles with $25,000 in uninsured bodily injury coverage apiece, you could claim up to $50,000 to cover medical expenses. Your coverage limits can be found on the declarations page of your insurance policy.
A stacked car insurance policy will cost a bit more, but the additional coverage can come in handy. Plus, you can often find a better price by shopping around if the increase seems too steep.
Stacking insurance within one policy
Let’s say you have coverage for two cars on the same car insurance policy, both with $100,000 in UM bodily injury coverage. If you’re injured when an uninsured driver causes an accident with one of your cars, you can “stack” coverage and claim up to $200,000 in benefits.
Stacking insurance from two policies
In this scenario, you have coverage for two cars under two separate policies, both with $100,000 in UM coverage. If you’re injured when an uninsured driver hits one of your cars, you would stack UM benefits up to $200,000. Both policies must be in your name.
Here are some other things to consider about stacking insurance:
You typically have to pay more to stack. You also need to elect stacking when you buy or renew a policy. You can’t add and use stacking after an accident.
UM coverage is for car accidents caused by others. If you are injured in a car accident that you caused, you can’t claim any UM benefits or stack.
Do You Need Stacked Insurance in Florida?
Unfortunately, there are far too many uninsured motorists on the road, despite the legal requirement for insurance coverage in many states. Although all states do not require insurance coverage, every state requires that you meet financial responsibility requirements, either through insurance, a bond, or other approved means that show you can pay if you damage another person or their property in an automobile accident.
Regardless, if you are involved in an accident caused by an uninsured driver, it can be challenging to obtain full compensation for your bodily injury. Even if you are hit by a driver who has liability insurance coverage, you could still face issues if they only carry the state’s minimum liability limits coverage. Such limits can be exhausted quickly if you are seriously injured.
This is where stacked insurance comes into play. Stacked insurance coverage kicks in where the at-fault driver’s liability insurance leaves off. It can help to cover medical bills left over from the other party’s exhausted liability coverage.
Here’s what to do if you are making a claim by stacking uninsured motorist coverage:
If you’re injured in a car accident with a driver who does not have liability insurance, you’d make a claim on your own UM coverage for medical bills. If that doesn’t cover all your medical bills, you’ll stack UM coverage from another car you own or another car insurance policy under your name.
If you’re injured in a car accident with a driver who has some liability insurance but it doesn’t cover all of your medical bills, you’ll first make a claim against the other driver’s liability insurance for your injuries. When that policy has paid out its maximum coverage, you’ll then turn to your own UIM coverage. If you exhaust one of your UIM coverages, you would stack from another car you own or from another car insurance policy in your name.
UNDERSTAND THE PAYOUT FROM AN UNINSURED MOTORIST CLAIM
It’s good to understand how uninsured motorist claims generally work, so that you’re not taken by surprise if you receive less than you expect. The underinsured motorist coverage amount you can claim is generally reduced by the amount of money you receive from another driver’s liability insurance. Here’s an example:
Let’s say you have $100,000 of UM coverage and you receive $50,000 from the other driver’s liability insurance, and total medical bills are $300,000. Your UM coverage would likely only pay out $50,000 ($100,000 UM – $50,000 at-fault driver’s liability), meaning $200,000 would not be covered. You generally do not get your full UM ($100,000) plus the driver’s liability coverage ($50,000). In this scenario, you might be expecting $150,000 total from insurance and get only $100,000.
Some states, like Connecticut, have exceptions. Connecticut drivers can get UM “conversion” coverage, which means their UM payout will not be reduced by an at-fault driver’s liability insurance. Using the accident example above, a driver with conversion coverage would get their full UM ($100,000) plus the other driver’s liability payout ($50,000) for a total of $150,000.
States such as Georgia offer you a choice. Georgia drivers are offered “uninsured motorist coverage—added on to at-fault liability limits.” You can reject this in writing and instead select “uninsured motorist coverage—reduced by at-fault liability limits.”
How Do I Make an Uninsured Motorist Claim?
If you’re in a car accident and the at-fault driver doesn’t have any or enough liability insurance, contact your car insurance company and file a claim under your UM coverage (provided you have coverage). Here are a few examples of UM accidents and claims.
You’re at a stop light and rear-ended by a driver who doesn’t have insurance. Since the at-fault driver doesn’t have insurance, file a UM claim with your car insurance company. You would make a claim under your uninsured motorist bodily injury (UMBI) coverage for your medical expenses and your uninsured motorist property damage (UMPD) coverage, if you have it, for damage to your car.
You’re a pedestrian in a crosswalk and hit by a driver who does not have enough liability insurance to cover all of your medical expenses. First, make a claim with the at-fault driver’s car insurance company, or sue the driver, and get money from their liability insurance. Then you would file a claim with your own car insurance company under your underinsured motorist bodily injury (UIMBI) to cover additional expenses.
Your vehicle is parked in a public parking garage. You find it has been hit and damaged, but the other driver didn’t leave their information. In this hit-and-run scenario, you would file a claim under your UMPD coverage (if your state allows it). If you don’t carry UMPD or your state doesn’t allow you to use it for hit-and-runs, file a claim through your collision coverage.
STEPS TO TAKE AFTER
BEING IN AN ACCIDENT
DON’T LEAVE! You may be in a hurry, but now is not the time to rush off — especially if there are injuries. Your departure could lead to criminal charges.
Check for injuries or seek medical attention! Florida’s Personal Injury Protection legislation mandates that all drivers carry insurance to cover injuries incurred in car accidents. This applies regardless of who is eventually deemed at fault. To receive benefits, you’ll need to report your injury within two weeks of the accident. Seek medical attention as soon as possible, even if you suspect that your injuries are minor.
Report the car accident. In Florida, crashes involving significant injuries or property damage warrant attention from the police. If the investigating officer does not file a report, you may be required to do so instead. Reports can be completed online or in writing.
Exchange contact information with the other driver. If possible, exchange your phone number, address, and any other relevant contact information with the other driver. Keep all other interactions to a minimum. Don’t apologize or say anything that could be misconstrued as an admission of guilt.
Seek contact information from witnesses. Once you’ve exchanged contact information with the other driver, chat with any witnesses who observed the crash. These could include pedestrians, other drivers not involved in the accident, and passengers from either vehicle. Be sure to record witness names, phone numbers, and addresses, as these individuals may later provide valuable insight into the circumstances surrounding the accident.
Take pictures! Photos can provide valuable evidence of negligence behind the wheel. The sooner these pictures are taken, the more accurately they can convey the scene of the crash. Don’t simply focus on recording the extent to which the vehicles were damaged; pictures of injuries you or any passengers incurred will prove just as valuable.
Contact your insurance provider! Unfortunately, there is no escaping your insurance company in the aftermath of a car accident. These interactions don’t have to be terrifying; simply give an honest account of the accident, without apologizing or minimizing its impact. Don’t make any formal statements until you’ve consulted with a trusted attorney.
Keep quiet on social media. Anything you say on Facebook, Twitter, or Instagram can be used against you. Avoid sharing pictures of or details from your accident until your case has been resolved.
Continue to monitor for injuries! Not all injuries may be immediately evident at the scene of the accident. Maintain a detailed record of symptoms — even those that seem insignificant.
Seek legal counsel. Don’t hesitate to get in touch with a trusted attorney. Legal representation is particularly important if you or somebody else was injured at the scene of the accident. Your attorney can guide you through every step of the legal process.
The IDEA Club
Glen Wieland
WIELAND & DELATTRE, P.A.
Glen Wieland graduated from Presbyterian College in 1979 and went on to obtain his law degree from Cumberland School of Law at Samford University. In 1982, he began his law career with the firm of Walker and Buckmaster, P.A., representing employers, insurance carriers and plaintiffs in both personal injury and workers’ compensation. In 1987, he joined Jim Kelaher and formed Kelaher & Wieland, P.A., representing only plaintiffs in both personal injury and workers’ compensation cases. He became board certified in workers’ compensation in 1990 and has remained board certified since that time. The firm is now know as Wieland & Delattre, P.A.
After an injury, you need someone you and your family can depend on throughout the recovery process. At Wieland & DeLattre, we have dedicated our service to advocating for injured individuals in Orlando and throughout Florida for over 24 years. We will stand by you to ease your physical and financial stress after any injury, including motor vehicle collisions and construction site accidents.
