• Tweet
• Sumo

• Tweet

What is uninsured / underinsured motorist coverage under a Florida automobile insurance policy? Uninsured / Underinsured motorist coverage is commonly referred to as UM automobile insurance coverage. UM coverage provides for compensation to a covered person when a Florida automobile accident is caused by a person who does not have bodily injury insurance coverage for a person. Alternatively, UM coverage provides for compensation when the at fault driver / at fault owner has bodily injury insurance coverage but the amount of coverage is insufficient to fully compensate the injury victim for his or her damages / personal injuries.
Prior to instituting and pursuing a claim under the UM portion of an automobile insurance policy, the injured person, through his or her Florida personal injury attorney, must first determine the extent of bodily injury coverage (if any) held on behalf of the at fault driver or the at fault owner. If there is bodily injury insurance coverage, a claim typically must be pursued and completed prior to collecting or obtaining compensation through a Florida UM insurance policy.
If the at fault driver or at fault owner does not have bodily injury insurance coverage, the injury victim, through the Florida personal injury attorney, typically must provide documentation that there is no coverage. In other words, there must be documentation in the form a letter or insurance declaration page showing that there is no bodily injury coverage. In Florida, the only coverage that is required on a motor vehicle is Personal Injury Protection (PIP) and Property Damage (PD). Bodily Injury coverage is optional. Therefore, there are no violations of Florida insurance laws if a person fails to have bodily injury insurance coverage. Because of this, many drivers and vehicle owners (in order to save money) decline to get the optional insurance coverage known as bodily injury insurance coverage.
An example of help illustrate how you UM insurance works. Let’s say a person is in an automobile accident and fractures his arm that requires a surgery at a local hospital. The medical bills alone for the fractured arm and related surgery are in excess of $40,000. The at fault driver has a bodily injury insurance policy in the amount in the amount of $10,000 with XYZ insurance company. The injury victim maintained an insurance policy with XYZ company and has uninsured or underinsured motorist coverage in the amount of $50,000. Due to the extent of the personal injuries and related medical bills / expenses for this particular accident, the bodily injury insurance company should pay out policy limits of $10,000. Seeing that the injuries are worth well in excess of the $10,000, the injury victim can also pursue a claim against his underinsured motorist carrier for its policy limits of $50,000. The injuries and related damages of this case example are worth more than the $10,000 bodily injury insurance and also are worth more than the 50,000 in UM coverage. The UM carrier should pay its policy limits of $50,000. However, insurance companies do not always act reasonably, timely, or fairly. Because of the challenges and “red tape” of dealing with the typical insurance claim, it is often times helpful to have representation and advice from a Florida Personal Injury Attorney to make sure that your rights are protected and enforced to the full extent of Florida law.