Fla. Bar No. 1048733 · Former judicial clerk, Fourth Judicial Circuit
Last reviewed October 2026
What is uninsured and underinsured motorist coverage?
It's coverage on your own auto policy that pays you, up to your UM limits, when the driver who caused the crash has no bodily injury insurance or not enough to cover your losses.
Uninsured means the at-fault driver had no bodily injury coverage, or fled and was never identified. Underinsured means they had coverage, but not enough. A driver carrying $10,000 in coverage who causes $200,000 in harm is underinsured.
UM coverage generally follows you, not just your car. As the named insured, you and your resident relatives may be covered while riding in someone else's car, walking, or riding a bike.
Why does UM coverage matter so much in Florida?
Because Florida only requires most drivers to carry PIP and property damage coverage, not bodily injury liability.
A driver can be fully legal on the road with no coverage at all for the injuries they cause. Many drivers who do carry bodily injury coverage carry only $10,000. For anyone with a serious injury, the at-fault driver's policy alone rarely covers the harm. Your own UM coverage often decides whether the case can make you whole.
What if my policy says I don't have UM coverage?
Look at how it was rejected. Florida law requires UM coverage to be rejected in writing, on a form approved by the Office of Insurance Regulation, signed by the named insured. Without a valid rejection, you may have the coverage anyway.
Many firms close the file when the declarations page shows no UM coverage. I don't. When I review a policy, I ask:
- Is there a signed rejection form at all?
- Was it the approved form, with the required language?
- Who signed it, and were they the named insured?
- Was a lower limit selected in writing, or should UM limits match the bodily injury limits?
- Did later policy changes or renewals affect the rejection?
I've taken these cases when other firms passed on them, and I've taken the issue up on appeal when a trial court ruled against my client.
What is stacked versus non-stacked UM coverage?
Stacked coverage lets you combine your UM limits across the vehicles on your policy. Non-stacked coverage doesn't, and can limit coverage when you're hurt outside your own vehicles.
Non-stacked coverage costs less, and Florida law requires that choice to be made in writing, on an approved form, too. If you have more than one vehicle, whether your coverage stacks can significantly change how much is available. It's one of the first things I check.
How does a UM claim work?
You pursue the at-fault driver's liability coverage first, then claim the difference from your own UM coverage. Your insurer essentially steps into the at-fault driver's shoes.
The order matters. Before settling with the at-fault driver, Florida law requires notice to your UM insurer, which then has a short window to either approve the settlement or pay that amount itself to preserve its rights against the at-fault driver. Skip that step and you can put your UM claim at risk.
Your own insurance company owes you good faith. When an insurer refuses to pay what a claim is fairly worth, Florida law provides a path to a bad-faith claim, which starts with a civil remedy notice. Florida changed its bad-faith rules in 2023, so timing and documentation matter more than ever.
How long do I have to bring a UM claim?
UM claims are contract claims against your own insurer and generally have a five-year deadline that runs from the date of the crash. Woodall v. Travelers Indemnity Co., 699 So. 2d 1361 (Fla. 1997). Some policy terms can pause that clock, but don't count on it. The claim against the at-fault driver still has a two-year deadline for most crashes, and waiting can hurt both.
Because the two claims are connected, I handle them together from the start. For more on the two-year deadline and the rest of a crash claim, see my car accident guide.
Common questions
Does UM cover a hit-and-run?
It can. If the driver who caused the crash is never identified, your UM coverage may pay, subject to your policy's terms. Report the crash to police right away and keep any evidence of the other vehicle.
Does UM cover me if I was hit while walking or on a bike?
Often, yes. UM coverage generally protects the named insured and resident relatives even when they aren't in an insured vehicle.
Do I have to sue my own insurance company?
Not always. Many UM claims resolve without a lawsuit. When an insurer won't pay fairly, a lawsuit, and sometimes a bad-faith claim, may be needed.
What does underinsured mean?
It means the at-fault driver had some bodily injury coverage, but not enough to cover your losses. Your UM coverage can pay the difference, up to your limits.
My agent said I declined UM. Is that the end of it?
Not necessarily. What counts is the written rejection, not what anyone remembers saying. Bring your policy and I'll review whether the rejection holds up.
This page is general information about Florida law, not legal advice for your situation.