Miami Uninsured Motorist Accident Lawyer
If the driver who caused your crash has little or no insurance, you may still have options. A Miami Uninsured Motorist Accident Lawyer can review your policy, look for other coverage, and help you deal with disputes over uninsured or underinsured motorist benefits.
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Main office at Waterford District Dr.
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Over 30 Years of Experience
Florida injury claims since 2010.
For many people, this is the moment when a car accident becomes even more stressful. You may already be dealing with medical bills, missed work, and pain. Then you find out the other driver may not have enough insurance to cover what happened.
That does not always mean the claim is over.
Your own uninsured motorist coverage, another auto policy, or other available insurance may still matter. The key is finding out what coverage actually applies before you assume there is nowhere else to turn.
Gimenez & Carrillo, LLC helps injured people in Miami and throughout Miami-Dade County.
Call (305) 444-3000 or Request a Free Initial Consultation. Hablamos Español.
What Is Uninsured Motorist Coverage?
Uninsured motorist coverage, often called UM coverage, may help when the driver who caused the crash does not have applicable bodily injury insurance.
Florida law requires insurers to offer UM coverage with policies that include bodily injury liability coverage. However, a named insured can reject UM coverage in writing or choose lower limits.
So, having auto insurance does not automatically mean you have UM coverage.
To find out what protection you have, review:
- the declarations page
- the full insurance policy
- UM selection or rejection forms
- the facts of the crash
These documents can help show whether coverage exists and how much may be available.
Uninsured vs. Underinsured Motorist Coverage
The difference is important.
Uninsured Motorist
The driver who caused the crash has no applicable liability insurance or may be treated as uninsured under Florida law or the policy.
Underinsured Motorist
The driver has insurance, but the available limits may not be enough to cover the full claim.
For example, a driver may have liability insurance, but the crash may lead to surgery, long-term treatment, major lost income, or permanent injuries. In that situation, the available insurance may run out before the claim is fully covered.
That is where underinsured motorist coverage may become important.
What Happens If the Driver Who Hit Me Has No Insurance?
Do not assume the claim is over just because the other driver says they do not have insurance.
First, confirm whether the driver actually had coverage.
Sometimes the information available at the scene is incomplete or outdated. The driver may also be using a vehicle owned by someone else.
Next, look at other possible sources of insurance.
These may include:
- your own UM coverage
- insurance on the vehicle you were driving
- another policy that may apply to you
- employer or commercial coverage
- rideshare or delivery insurance
Not every policy will apply. Still, it is worth checking before you decide there is no coverage available.
In many cases, the most important question becomes:
What insurance exists besides the policy you first looked at?
What If the Other Driver Has Insurance, But It Is Not Enough?
This is an underinsured motorist situation.
The issue is not just whether the other driver has insurance. The real question is whether the available limits are enough for the harm caused by the crash.
This can become important when a case involves:
- surgery
- long-term medical care
- permanent impairment
- major lost income
- reduced ability to work
- several injured people sharing the same policy limits
In those situations, the other driver’s policy may not go far enough.
If UM/UIM coverage applies, it may provide another source of insurance.
Be Careful Before Settling With the Other Driver
A quick settlement can create problems if an underinsured motorist claim may still exist.
Florida law includes a notice process involving the UM/UIM insurer before certain settlements are completed.
That means it can be important to review your UM/UIM coverage before you sign a release or accept a final settlement from the other driver’s insurer.
A settlement may close one part of the claim while affecting another.
Hurt in a Miami Uninsured Motorist Accident? Understand Your Options.
You may be facing medical bills, missed work, insurance paperwork, and important decisions while you are still recovering.
Gimenez & Carrillo can review the accident, discuss the insurance coverage involved, and explain the options that may be available based on your circumstances.
Call (305) 444-3000 for a free initial consultation with a Miami car accident lawyer.
Hit-and-Run Accidents and UM Coverage
A hit-and-run can quickly turn into an uninsured motorist issue.
That may happen when:
- the driver leaves and is never found
- the vehicle cannot be identified
- the driver is found but has no insurance
In those situations, UM coverage may become one of the most important sources of insurance to review.
However, a hit-and-run does not automatically mean coverage exists.
The policy language, available evidence, and facts of the crash still matter.
Our Miami Hit-and-Run Accident Lawyer page explains hit-and-run claims in more detail. Here, the focus is different: whether insurance may still be available when the driver who caused the crash cannot provide enough coverage.
What Is a Phantom Vehicle Claim?
Sometimes another driver causes a crash without hitting your vehicle.
For example, another car may:
- cut you off
- force you into another lane
- force you off the road
- cause you to make a sudden evasive move
- leave before anyone can identify the driver
These cases can be harder to prove because the other vehicle may be gone before police or witnesses can confirm what happened.
As a result, evidence can matter more.
That may include:
- dashcam or traffic video
- witness statements
- photographs
- the crash report
- vehicle damage
- other evidence showing how the crash happened
Whether UM coverage applies depends on the policy and the facts.
Whose Insurance May Apply?
One of the most important parts of an uninsured or underinsured motorist claim is figuring out which insurance policies need to be reviewed.
Your Own Auto Policy
Your own policy is often the first place to look.
The declarations page may show whether UM coverage exists and what limits apply. However, the full policy may be needed to understand how that coverage works.
Insurance on the Vehicle
If you were driving or riding in someone else’s vehicle, insurance connected to that vehicle may also matter.
A Household Policy
In some cases, another household policy may provide coverage.
However, that can depend on:
- who is insured
- who owns the vehicle
- where the insured person lives
- the policy language
- whether the coverage is stacking or non-stacking
So, do not assume a household policy applies without reviewing it.
Employer or Commercial Coverage
If the driver who caused the crash was working, an employer or commercial policy may also need to be checked.
This may come up with:
- delivery drivers
- company vehicles
- employees driving for work
- commercial vehicles
See our Miami Company Vehicle Accident Lawyer page for more information about work-related vehicle crashes.
Rideshare or Delivery Coverage
Rideshare and delivery accidents can involve another layer of insurance.
The available coverage may depend on what the driver was doing at the time of the crash and which policy was active.
What If More Than One Policy May Apply?
Sometimes more than one policy may be relevant.
However, that does not mean all policy limits can simply be added together.
Each policy can have different:
- limits
- exclusions
- coverage rules
- priority provisions
The important questions are:
Which policies may cover the injured person?
And then:
How do those policies work together?
That can make a major difference when the first policy does not provide enough coverage.
Can Uninsured Motorist Coverage Be Stacked?
Sometimes.
Stacking can affect how UM coverage from more than one insured vehicle applies to a claim.
Florida law also allows insurers to offer non-stacking UM coverage.
Because of that, the answer depends on the policy.
Important factors may include:
- how many vehicles are insured
- whether the policy is stacking or non-stacking
- which vehicle was involved
- who qualifies as an insured
- whether more than one policy applies
Do not assume you can combine coverage simply because several vehicles or policies exist.
The actual insurance documents need to be reviewed.
Why Can My Own Insurance Company Dispute a UM Claim?
Many people are surprised by this.
You may be making a claim under your own insurance policy, but your insurer can still challenge parts of the claim.
The insurance company may question:
- who caused the crash
- whether the other driver was uninsured
- whether UM coverage applies
- whether the crash caused the injuries
- the value of the claim
- whether an exclusion applies
- whether another policy should pay first
In a hit-and-run or phantom-vehicle case, the insurer may also question whether another vehicle actually caused the crash.
So, even though the claim involves your own insurance company, you may still need to prove fault, injuries, damages, and coverage.
That can make the claim feel very different from what many people expect when they hear the words “your own insurance.”
Evidence That Can Matter in a UM Claim
In these cases, insurance documents can be just as important as evidence from the crash.
Useful evidence may include:
- the crash report
- proof of the other driver’s insurance status
- insurance declarations pages
- UM selection or rejection forms
- photographs or video
- witness statements
- medical records
- wage-loss records
- letters and emails from insurers
- settlement offers
- evidence involving a hit-and-run or phantom vehicle
The most important evidence depends on what the insurer is disputing.
For example, policy documents may matter most in a coverage dispute. Video or witness statements may matter more when the other vehicle was never identified.
What If the At-Fault Driver Was Working?
If the driver who caused the crash was working, there may be more insurance to investigate.
The driver may have been:
- making deliveries
- driving a company vehicle
- traveling between job sites
- performing job duties
In those situations, an employer or commercial policy may be relevant.
However, an employer is not automatically responsible for every crash involving an employee.
The driver’s job duties, vehicle ownership, and insurance coverage all matter.
For more information, see our Miami Company Vehicle Accident Lawyer page.
How Gimenez & Carrillo Can Help With a UM Claim
Uninsured and underinsured motorist claims can become complicated quickly.
You may be dealing with more than one insurance company, several policies, unclear limits, or a disagreement with your own insurer.
That is where a careful insurance review can make a difference.
Attorneys Angel L. Gimenez, Esq. and Jose I. Carrillo, Esq. represent injured clients through Gimenez & Carrillo, LLC.
Depending on the case, the firm can:
- confirm the other driver’s insurance status
- identify possible insurance policies
- review UM/UIM coverage
- review policy limits and policy language
- examine stacking or non-stacking issues
- evaluate hit-and-run or phantom-vehicle claims
- communicate with the insurers
- address coverage disputes
- negotiate the claim
- pursue litigation when appropriate
When someone tells you the other driver “doesn’t have insurance,” that may not be the end of the claim.
It may simply mean the insurance investigation needs to go further.
What Our Clients Say
Choosing a law firm after an accident is an important decision. Verified client reviews can help prospective clients learn about the experiences of people who have previously worked with Gimenez & Carrillo.
Vanessa A.
⭐⭐⭐⭐⭐
I highly recommend this law firm! A special thank you to Joselyn for her outstanding support throughout my car accident case. She was professional, kind, responsive, and always kept me informed every step of the way. The entire team worked hard to achieve the best possible outcome, making a stressful situation much easier to handle. I’m truly grateful for their dedication and excellent service. Thank you, Joselyn, and the whole team!
Maricela L.
⭐⭐⭐⭐⭐
Thank you to Giménez and Carrillo low firm for providing the best advocacy on my behalf on a difficult time. Unfortunately, I was in a car accident, and was referred to this office by a friend.They are very profesional , honest and knowledgeable team. As a person that had no experiences, Mr. Angel and his associates confidently guided me through the process. I am very confident that my best interest is their top priority; I would recommend this office for the best of services to anyone.
John G. P.
⭐⭐⭐⭐⭐
I can’t thank The Gimenez and Carillo team enough for the amazing way they took care of me after my car accident. From day one, they treated me with respect and compassion, always making sure I understood every step of the process. Their customer service was outstanding – they were always available to answer my questions, kept me updated, and truly made me feel like a priority. Would 100% recomend!!!
Testimonials describe individual client experiences. Past results and prior client experiences do not guarantee a similar outcome.
Frequently Asked Questions About Miami Uninsured Motorist Accidents
No.
Florida law generally requires insurers to offer UM coverage when a policy includes bodily injury liability coverage. However, the named insured can reject UM coverage in writing or choose lower limits.
That is why the policy and UM forms should be reviewed.
It may.
A hit-and-run can raise a UM claim when the driver or vehicle cannot be identified. However, coverage depends on the policy and the facts of the crash.
See our Miami Hit-and-Run Accident Lawyer page for more information.
Yes, if applicable UM coverage exists and the claim meets the policy requirements.
However, your insurer may still dispute fault, injuries, damages, or coverage.
Underinsured motorist coverage may provide another source of insurance if it applies.
Before settling with the other driver, review any possible UM/UIM claim. Florida law includes notice requirements that may affect the settlement process.
Yes, in some cases.
For example, insurance connected to you, the vehicle, a household member, an employer, or a commercial operation may need to be reviewed.
However, multiple policies cannot always be combined.
Stacking can affect how UM coverage connected to more than one insured vehicle applies.
Florida also allows non-stacking UM coverage.
The answer depends on the policy, the coverage selected, and the vehicles involved.
Start by reviewing why the insurer denied the claim.
The dispute may involve: coverage, fault, policy exclusions, the cause of the injuries, and/or another insurance policy
A denial does not always mean the issue is settled.
The deadline can depend on the type of claim and the facts.
Florida generally treats a UM benefits claim as one based on a written insurance contract.
However, other deadlines and policy requirements may apply much sooner.
Because of that, it is better to review the claim and policy early rather than wait until a deadline is close.
Speak With a Miami Uninsured Motorist Accident Lawyer
An accident can leave you with questions about your health, your finances, your vehicle, and the insurance process. You should not have to guess which insurance policy may cover your injuries. Don’t answer those questions on your own.
If the driver who caused your crash was uninsured, underinsured, or never identified, Gimenez & Carrillo, LLC can review the available coverage and explain what options may remain.
For broader information about accident claims in Miami, visit our Miami Car Accident Lawyer page.
Call (305) 444-3000 or Request a Free Initial Consultation. Hablamos Español.