What Happens If the Person at Fault in an Accident Has No Insurance in Florida?

In Florida, all motorists are required to legally maintain personal injury protection (PIP) insurance and additional coverage. According to FS 627.730, the state operates under a no-fault insurance system. This means that damages resulting from an accident are covered regardless of who is at fault. Nonetheless, if the at-fault driver lacks insurance, the other party would have to rely on their coverage and absorb any extra expenses related to property damage or injuries incurred. Driving without insurance falls under Florida traffic violations and infractions and can result in severe penalties, including license and registration suspension, reinstatement fees, and potential impoundment of the vehicle.

Is It Illegal To Drive Without Insurance In Florida?

Yes. FS 627.7407 explicitly mandates that all individuals governed by the "no fault" law must carry insurance coverage, specifically PIP. This insurance covers medical expenses for injuries sustained by the policyholder in an auto accident, as well as their passengers and any relatives residing with them, subject to specific exclusions outlined in § 627.747. Furthermore, in Florida, drivers who breach this requirement may face suspension of their vehicle registration and license, with a reinstatement fee of up to $500.

What Is the Minimum Insurance Requirement in Florida?

Florida sets different minimum insurance standards for privately operated and commercial vehicles. For private vehicles, owners must have personal injury protection (PIP) and property damage liability (PDL) of $10,000 each. In contrast, commercial vehicles require at least $125,000 per individual for bodily injury liability (BIL), $50,000 for property damage liability (PDL), and $250,000 per occurrence (FS 324.022, 324.021, 627.7415).

What To Do After A Car Accident With an Uninsured Driver in Florida

While it is illegal for any driver in Florida to operate a vehicle without insurance, it is not uncommon to encounter a situation where the responsible party lacks coverage. In such instances, there are several steps one can take:

Notify Law Enforcement: In Florida, any accident resulting in injury, property damage exceeding $500, or loss of life must be promptly reported to law enforcement, as mandated by FS 316.065. Therefore, the first line of action after a collision, especially one that is serious, is to alert the authorities. Law enforcement will evaluate the scene and generate a police report that can serve as crucial evidence if a civil lawsuit becomes necessary. Officers will also request proof of insurance from both drivers. Failure to provide such evidence results in a noncriminal traffic infraction.

If law enforcement is not called to the scene, the affected party can fill out a self-report of the traffic crash or driver information exchange form and submit it to the Florida Highway Safety and Motor Vehicles within 10 days of the incident (FS 316.066(1)(a)).

Contact the Insurance Company: Under FS 627.727, drivers generally must maintain Uninsured Motorist (UM) Coverage unless they specifically opt out. If one's insurance policy includes this provision, the driver can file a claim for reimbursement to cover damages or injuries sustained.

Legal Action Against the Uninsured Driver: The affected driver can pursue legal action to secure a judgment from the court. If 30 days from the day of the issuance of the judgment lapse and the uninsured driver is unable to fulfill the judgment, the petitioner can obtain a certified copy and send it to the following address:

Department of Highway Safety and Motor Vehicles
Bureau of Motorist Compliance
2900 Apalachee Parkway
Room B260F, MS-87
Tallahassee, Florida 32399-0585

Submitting this documentation will result in the 20-year suspension of the at-fault driver's tags, license, and registration until the judgment is satisfied.

What Happens If You Have No Insurance But The Other Driver Was At Fault?

In Florida, an uninsured driver faces penalties regardless of fault in an accident, as per FS 627.7407. However, the state does not have a "no pay, no play" rule, meaning an uninsured driver who is not at fault can still seek damages from an insured driver. This can be done by filing a claim with the insured driver's insurance company or by initiating a lawsuit. In either scenario, the uninsured claimant must prove the insured driver's responsibility for the accident.

Can I Sue an Uninsured Driver in Florida?

Yes. An affected driver can initiate a civil lawsuit to obtain a final judgment against an uninsured driver at fault for an accident, especially if the damages surpass the coverage limits of the driver's insurance. Claims involving damages of less than $10,000 are typically processed in small claims courts, which tend to be quicker and more cost-effective. Conversely, cases seeking compensation over $10,000 are typically addressed in superior courts, which might involve a longer and more complex process.

The court will determine how compensation will be structured; this may involve installment payments or a lien on the offender's assets, if applicable. However, pursuing payment may become more challenging if the offender is financially unable to fulfill the judgment.

Will My Insurance Cover Me If the At-Fault Driver Has No Insurance in Florida?

Yes, but only if the affected driver has uninsured motorist (UM) or underinsured motorist (UIM) coverage. FS 627.727 outlines the regulations and limitations for UM and UIM claims.

Generally, the affected party's UM or UIM insurance will cover damages to the extent possible. Other insurance, such as MedPay or collision coverage, can be used to cover any remaining costs only if the UM or UIM coverage is insufficient. If UM or UIM coverage is sufficient, the insured does not need to use other insurance benefits. Typically, the UM limit should match the personal injury protection (PIP) limit.

Additionally, there are restrictions on claiming UM or UIM benefits if the vehicle involved in the accident is not the insured vehicle or if the insured was not operating a vehicle at the time of the incident.

What Is Uninsured Motorist Coverage in Florida?

In Florida, uninsured/underinsured motorist coverage is a form of insurance designed to protect individuals involved in crashes with drivers who lack or have no insurance. The extent of this coverage typically depends on the limits the insured has agreed to in writing, which may encompass both economic and non-economic damages or just economic damages. UM/UIM claims can only be made if the at-fault driver is uninsured or underinsured.

According to FS 627.727, insurance providers are required to offer UM and UIM coverage; however, this offer is not mandatory; the insured can decline it in writing if they choose.

What If I Don't Have Uninsured Motorist Coverage in Florida?

There are alternative avenues through which a driver without UM coverage can seek compensation in the state. First, the impacted driver may file a lawsuit against the at-fault driver. If the court issues a judgment, and it remains unfulfilled for 30 days, the plaintiff can submit the judgment certificate to the FLHSMV. In response, the department will revoke the offender's license and suspend their vehicle registration until the judgment is satisfied.

In cases involving hit-and-run incidents or DUI offenses, the affected driver can likewise initiate a civil suit against the responsible party. It is important to note that a hit-and-run may be classified as either a misdemeanor or a felony based on its severity, while a DUI can be deemed a third-degree felony. Nevertheless, a civil suit must still be pursued (as per Florida's compensatory damages for personal injury claims). The state may also initiate criminal proceedings against the offender in the same matter.

How Do I Get Compensation from an Uninsured Driver in Florida?

The legal process for an accident suit in Florida begins with the submission of a complaint to the court. In this stage, the plaintiff compiles all necessary documentation to support their claims. Once the complaint is filed and all applicable fees are paid, the court serves the defendant with the complaint. The defendant is then allotted time to respond to the summons.

The plaintiff may notify the defendant about initiating the action and request that they waive service of a summons, providing a written option for compliance. If the defendant does not comply with this waiver within 20 days, the court may impose fees incurred for serving the summons unless the defendant has a valid reason for the delay. However, if the defendant does not respond to the lawsuit despite being properly served, the judge will issue a default judgment that the defendant is obligated to satisfy.

Following the defendant's service and response, other court motions and hearings will be held, possibly culminating in a trial if the parties do not settle. At a formal trial, both parties will present their arguments and evidence or witnesses to support their claims. If the case is heard in a small claims court, the process is generally more straightforward and cost-effective than a full trial in a higher court. Post-trial, the judge (or jury) will release a verdict in either party's favor.

The civil process for accident claims adheres to the Florida Rules of Civil Procedure.

How Much Can You Recover From an Uninsured At-Fault Driver in Florida?

As Florida is a no-fault state, an insured driver's insurance generally covers damages regardless of fault. This system also holds when the crash involves an uninsured motorist. If the coverage is adequate, the impacted driver might waive action against the uninsured party. However, should the affected driver decide to initiate a lawsuit, the amount recoverable from an at-fault uninsured driver hinges on several factors:

• The Defendant's Financial Condition: The liable driver can only be held accountable for what they can realistically pay, as trying to recover more could be overly burdensome. Typically, a judge can only make a judgment based on the assets available to the at-fault driver. If the driver lacks liquid assets, the judge might impose a lien on a property they own. However, if they possess no valuable assets to satisfy the damages, this route could be laborious and nearly impossible.
• Court Judgment Limits: The recovery amount is dictated by the judge's ruling based on the court's damages limit. For example, small claims court limits recovery to $10,000 or less.
• Duration of Recovery: Typically, the interest rate specified in a civil judgment accumulates over time under FS 55.03. This indicates that the longer the payment takes, the greater the total interest accrued.

How To Find Out If the At-Fault Driver Has Insurance in Florida

According to FS 324.242(2), individuals involved in a collision can obtain each other's insurance details from the FLHSMV. One can complete and submit the Insurance Request Form (HSMV 83392) and the crash report to the FLHSMV. Crash reports can be purchased online through floridacrashportal.gov. These should be forwarded to the address below through fax or mail.

Customer Service Correspondence Center
2900 Apalachee Parkway
Room A216, MS 99
Tallahassee, Florida 32399-0585
Fax: (850) 617-5216

Those involved in an accident can contact the responding law enforcement agency. At the scene, law enforcement collects insurance information from both parties. If law enforcement is not present, individuals can exchange insurance details directly.

If the matter escalates to litigation, the plaintiff is authorized to inquire about the at-fault driver's insurance coverage.

Are Accidents Public Record in Florida?

Per FS 324.242, crash records are not considered public documents and are accessible only to those directly involved in the incident, their insurers, and their attorneys or legal representatives.

However, court records concerning accidents are available to interested parties, as Rule 2.420 allows public access to such records with specified limitations. Consequently, while one might obtain a case file related to an accident lawsuit, it may not include the crash report, DMV information, or police report.

Can You Go to Jail for Causing an Accident Without Insurance in Florida?

In Florida, causing a car accident while uninsured is typically a misdemeanor and does not result in jail time. However, the FLHSMV may suspend the at-fault driver's license and vehicle registration. Imprisonment could occur if the accident involved a DUI or other violations punishable by incarceration.

Can You Settle With an Uninsured Driver Out of Court in Florida?

Yes. Individuals involved in a car accident can resolve their issues outside of court rather than undergoing formal proceedings. Two out-of-court methods for achieving a settlement are mediation and arbitration. However, any settlement or agreement must be documented in writing and signed by both parties to ensure it is legally enforceable. Settlements not only reduce expenses but also lead to a faster resolution.

Can I Get Compensation If I Was Partially at Fault?

Yes. Florida operates under a pure comparative negligence framework. This means any compensation a party found partially at fault can receive depends on their specific level of responsibility (FS 768.81). Typically, during the investigation aimed at determining the extent of the damages and the necessary compensation to cover those damages, the fault of both individuals involved in the accident will be evaluated.