Legally Reviewed by Frank Marsalisi on September 2, 2026
If you’re hit by a driver who doesn’t have insurance in Florida, your first thought is usually, “Now what?”
It’s a fair question, especially in a state where uninsured drivers are more common than they should be. The good news is, you may still have options, but it depends on the coverage you carry and how your case is handled from the start.
Florida is a no-fault state, which means your own insurance steps in first. Our team at Marsalisi Law regularly helps clients throughout the Tampa Bay area sort through personal injury claims involving uninsured and underinsured drivers, and the coverage details below can help you understand where you stand.
Florida’s No-Fault Insurance System
Your Personal Injury Protection, or PIP, covers a portion of your medical bills and lost wages regardless of who caused the crash. According to the Florida Department of Highway Safety and Motor Vehicles, PIP generally pays 80 percent of reasonable medical expenses and 60 percent of lost wages, up to the policy limit, which is commonly 10,000 dollars. But PIP has limits, and it doesn’t take long for those limits to be reached, especially if injuries are more than minor. That’s where things can get complicated when the at-fault driver has no insurance to fall back on.
Why Bodily Injury Liability Coverage Matters
Most Florida drivers are not required to carry bodily injury liability coverage unless they have triggered the state’s Financial Responsibility Law, such as after a prior at-fault crash or certain traffic violations. That gap in the general requirement is a big reason uninsured and underinsured situations arise so often on Florida roads. Beginning July 1, 2026, drivers who do fall under that requirement must show proof of bodily injury coverage at the time of vehicle registration rather than only after an accident, which may gradually shift more drivers toward carrying this coverage going forward.
How Uninsured Motorist Coverage Can Help
If you have Uninsured Motorist coverage, often called UM, this is where it becomes incredibly important. Under Florida Statute 627.727, insurers must offer UM coverage on every auto policy, and a policyholder has to reject it in writing if they do not want it. UM coverage is designed for exactly this situation. It can help cover medical expenses, lost income, and even pain and suffering when the other driver has no insurance or not enough of it. Without UM, your options may be limited to pursuing the at-fault driver personally, which is often not practical if they don’t have the assets to cover your damages.
What to Do After Being Hit by an Uninsured Driver
A few steps in the days after the crash can make a meaningful difference in what you are able to recover:
- Report the crash to law enforcement and request a copy of the report.
- Seek medical care promptly, even if your injuries seem minor at first.
- Notify your own insurer and ask what PIP and UM coverage you carry.
- Keep records of medical bills, missed work, and related expenses.
- Avoid recorded statements to any insurance company before speaking with a lawyer.
Every case is different, and we regularly see uninsured driver claims become more complex than they first appear. These situations require a closer look at your policy, the details of the crash, and the full extent of your injuries. What may seem straightforward at first can quickly turn into a layered claim involving multiple coverages and legal considerations.
How Marsalisi Law Can Help
If you’ve been hit by an uninsured driver, don’t assume you’re out of options. Take the time to understand what coverage you have and how it applies, and if you’re unsure, it’s worth having someone walk through it with you. The right guidance can make the difference between recovering what you may be entitled to and leaving money on the table.
Contact our team through the contact form to discuss your coverage and your options after an uninsured driver accident.
Frequently Asked Questions About Uninsured Drivers in Florida
Is Florida a no-fault state?
Yes. Florida operates under a no-fault system, which means your own Personal Injury Protection, or PIP, coverage generally pays for a portion of your medical expenses and lost wages after a crash regardless of who caused it, before you look to the at-fault driver’s insurance.
What does PIP cover after a crash with an uninsured driver?
PIP generally covers 80 percent of reasonable medical expenses and 60 percent of lost wages up to your policy limit, which is commonly 10,000 dollars. Because these limits can be reached quickly after a serious crash, PIP alone often is not enough when the at-fault driver has no insurance to cover the remaining losses.
What is uninsured motorist coverage and is it required in Florida?
Uninsured motorist, or UM, coverage is optional in Florida, but insurers are required to offer it and you must reject it in writing if you do not want it. UM coverage can help pay for medical expenses, lost income, and pain and suffering when the at-fault driver has no insurance or not enough of it.
Can I sue an uninsured driver directly in Florida?
You may be able to pursue the at-fault driver personally for damages beyond what your PIP and UM coverage provide, but this route depends on whether the driver has assets or income that could realistically satisfy a judgment, which is often not the case with uninsured drivers.
Is bodily injury liability insurance required in Florida?
Bodily injury liability coverage is not required for most Florida drivers, though it becomes mandatory for drivers who have triggered the state’s Financial Responsibility Law, such as after a prior at-fault crash or certain violations. Beginning July 1, 2026, drivers who fall under that requirement must show proof of bodily injury coverage at the time of vehicle registration rather than only after an incident.
About the Attorney
Founder, Marsalisi Law
Frank P. Marsalisi is the founder of Marsalisi Law, a bilingual trial lawyer based in St. Petersburg, Florida. Since founding the firm in 2014, he has represented clients throughout the Tampa Bay area in claims involving uninsured and underinsured drivers, and he personally meets with every client during their initial consultation.
