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What Happens If the Driver Who Hit Me Had No Insurance?

Quick answer

Being hit by an uninsured driver does not automatically mean you can't recover. Your own uninsured/underinsured motorist (UM/UIM) coverage — and sometimes a family member's — can step in and pay, and there may be other sources too. Many people don't realize they're already covered.

This is especially common in Florida

Florida consistently ranks among the worst states in the country for uninsured drivers, and cities like Miami sit at the center of the problem. So if the driver who hit you had no insurance — or nowhere near enough to cover your injuries — you are far from alone, and you are not necessarily out of options.

Your secret weapon: UM/UIM coverage

Uninsured/underinsured motorist coverage is part of many auto policies, and it exists for exactly this situation. If the at-fault driver has no insurance, your UM coverage can pay for your injuries as if they did. If they have some insurance but not enough, UIM coverage can make up part of the gap. Crucially, this often extends to you as a passenger, a pedestrian, or a cyclist — and sometimes through a resident family member's policy even if you don't have your own.

Other places coverage can come from

Depending on the facts, recovery might also come from a commercial policy (if the at-fault driver was working), the vehicle owner's policy if different from the driver, or other responsible parties. Part of a lawyer's job is finding every applicable policy — people are frequently covered in ways they never knew about until someone went looking.

Why this is hard to do alone

Insurers don't volunteer coverage you forgot you had, and UM/UIM claims are made against your own company — which doesn't always make it easy. An attorney can identify the coverage, handle the claim, and push for the full amount. The first step is simply having someone review every policy in reach. That review is free.

Have questions about your own case?

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Related questions

Many drivers carry it without remembering, since it's offered with most policies. The only way to be sure is to have your declarations page reviewed. We do this for clients at no charge as part of a case review.

Often yes. UM/UIM coverage frequently follows the person, not just the car — so your own policy, or a resident relative's, may cover you even when you weren't driving. This catches many people by surprise.

It's a contractual claim for benefits you already paid for — not a lawsuit against yourself. Insurers don't always make it easy, which is exactly why having a lawyer handle it helps.

This post provides general information about the law and is not legal advice for your specific situation; reading it does not create an attorney-client relationship. Laws and deadlines vary by state and by the facts of each case. For advice about your situation, consult a licensed attorney.

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