Hit by an Uninsured Driver in Florida: What Are Your Options?

Quick Answer Your PIP pays first, up to $10,000. Beyond that, your recovery depends almost entirely on whether you carry Uninsured/Underinsured Motorist (UM) coverage — because Florida does not require drivers to carry bodily injury liability insurance at all. If you rejected UM in writing, your options narrow sharply.

Why does Florida have so many effectively uninsured drivers?

Because of a fact that startles most people who learn it: Florida does not require drivers to carry bodily injury liability coverage as a condition of registering a vehicle.

Florida's mandatory minimum is:

Notice what is missing. Nothing in that list pays for injuries you cause to another human being.

A Florida driver can be fully legal, fully registered, fully insured to the state's satisfaction — and carry zero dollars of coverage for your broken leg. This is the single most consequential and least understood feature of Florida auto insurance.

The practical result: "uninsured driver" in Florida is a much larger category than drivers with no policy at all. It includes drivers with a perfectly valid policy that simply contains no bodily injury coverage.

Is PIP still the law in Florida?

Yes. And this deserves a direct statement, because the internet is currently wrong about it at scale.

• Governor DeSantis vetoed SB 54, the 2021 repeal bill, on June 30, 2021
• HB 1181 and SB 1256 (2025) died in committee
• SB 522 and HB 769 (2026) died in committee
• The 2026 legislative session adjourned on March 13, 2026 without passing repeal

Several repeal bills contained a proposed effective date of July 1, 2026. A proposed effective date inside a bill that never became law is not the law. Insurance trade press has reported directly on AI-generated search answers repeating the repeal as settled fact.

As of July 2026, § 627.736 still requires PIP. Do not cancel it.

What does your own PIP pay after an uninsured driver hits you?

PIP is first-party, no-fault coverage. It does not care who caused the crash.

Two conditions govern access:

1. The 14-day rule. Under § 627.736(1)(a), you must obtain initial medical services and care within 14 days of the crash.
2. The EMC determination. Without a qualifying provider determining you have an emergency medical condition, PIP medical benefits are capped at $2,500, not $10,000.

$10,000 covers an emergency room visit and some imaging. It does not cover a surgery.

What is UM coverage, and do you have it?

Uninsured/Underinsured Motorist (UM) coverage is the coverage that steps into the shoes of the at-fault driver's missing insurance and pays you for bodily injury damages you were legally entitled to recover from them.

In Florida, UM is not mandatory — but it is mandatorily offered, and the rules for declining it are strict.

Under Fla. Stat. § 627.727(1):

• No auto liability policy providing bodily injury liability coverage may be issued in Florida unless UM coverage is included — unless a named insured makes a written rejection on behalf of all insureds
• The rejection (or election of lower limits) must be on a form approved by the Office of Insurance Regulation
• The form's heading must be in 12-point bold type and must warn that you are electing not to purchase valuable coverage
• Unless you affirmatively reject it or request lower limits, UM coverage is set equal to your bodily injury liability limits

Go read your declarations page right now. If you see a line labeled "UM" or "UIM" with a dollar amount, that number is your realistic ceiling in an uninsured-driver crash. If you see "Rejected," that is the answer to why the claim will be hard.

Stacked vs. non-stacked

Florida recognizes both. Stacked UM lets you combine the UM limits across multiple vehicles on your policies. Non-stacked does not. Stacked costs more and is worth understanding before you need it.

Does UM coverage apply to hit-and-run drivers?

Yes. Under § 627.727(3), the definition of "uninsured motor vehicle" is broader than "a car with no policy." It includes, subject to policy terms, an insured vehicle whose liability insurer is unable to make payment — for example, an insolvent insurer.

Phantom-vehicle and hit-and-run claims are typically handled as UM claims as well, though carriers frequently impose prompt reporting requirements and corroboration standards. Report a hit-and-run to law enforcement immediately; a delayed report is the most common reason these claims are denied.

Can you sue the uninsured driver personally?

You can. Whether it accomplishes anything is a separate question.

Realistically:

• A judgment is a piece of paper. Collection is the hard part.
• A person who did not buy $30-per-month bodily injury coverage often has no meaningful assets to reach.
• Florida's homestead exemption protects the primary residence from most creditors — including judgment creditors.
• Wage garnishment is limited, and heads of household have substantial statutory protection in Florida.

When it may be worth pursuing:

• The driver has real, reachable assets
• The driver was working at the time — the employer may be liable
• The vehicle owner is someone other than the driver
• A commercial entity, rideshare platform, or government agency is in the chain
• A dram shop, negligent maintenance, or defective-product theory reaches a solvent defendant

What is the actual order of operations?

1. Call law enforcement. If injury, death, or apparent property damage of at least $500 (rising to $2,000 on October 1, 2026), notification is required under § 316.065.
2. Seek medical care within 14 days. This is not optional if you want PIP medical benefits.
3. Open your PIP claim with your own insurer.
4. Pull your declarations page and identify your UM limits.
5. Notify your UM carrier promptly — your own insurer becomes the adverse party in a UM claim, which is a strange and important shift.
6. Check every other policy in the household. Resident relatives are frequently covered under UM policies they never knew existed.
7. Watch the two-year clock under § 95.11.

Understand step 5 clearly. In a UM claim, the company you have paid premiums to for years now has a direct financial interest in valuing your injuries as low as possible. It is still your insurer. It is no longer on your side of the table.

Frequently asked questions

Does Florida require bodily injury liability insurance? Not for registration. Florida requires $10,000 PIP and $10,000 PDL. Bodily injury liability is required only in certain circumstances under the Financial Responsibility Law, generally after a qualifying crash or conviction.

Will my rates go up if I use my UM coverage? UM is a first-party claim on your own policy for a crash you did not cause. Practices vary by carrier, and this is worth asking your agent directly. Rate impact is not a reason to leave an injury uncompensated.

Can I add UM coverage after the crash? No. Coverage is determined as of the date of loss.

What if the other driver has insurance, but not enough? That is the "underinsured" half of UM. Your UIM coverage can cover the gap between their limits and your damages, up to your UIM limit, subject to policy terms. Under § 627.727(6), UM coverage is not reduced by a setoff against liability insurance.

Is my health insurance an alternative? It can cover treatment, but it does not compensate you for pain and suffering or lost wages, and your health insurer will likely assert a subrogation lien against any recovery you obtain.

Sources

• Fla. Stat. § 627.727 — Uninsured and underinsured motorist coverage; written rejection; stacking
• Fla. Stat. § 627.736 — Personal Injury Protection; 14-day rule; EMC determination
• Fla. Stat. § 627.737 — Tort exemption; serious injury threshold
• Fla. Stat. § 316.065 — Crashes; reports; penalties
• Fla. Stat. § 95.11 — Limitations of actions
• Florida Senate, Bill Status: SB 54 (2021, vetoed); SB 1256 (2025); SB 522 (2026)
• Insurance Journal, "No, Florida Lawmakers Did Not Repeal the No-Fault Auto Insurance Law" (May 2026)

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Disclaimer

This article is general legal information, not legal advice, and is not insurance advice. Coverage depends on the specific language of your policy. It does not create an attorney-client relationship. Statutes cited were verified as of July 9, 2026. Consult a licensed Florida attorney about your situation.

Author: Ph.D. in Information Systems Engineering; certified technology transfer agent. Content reviewed for accuracy against primary Florida statutory sources.