Florida · Uninsured driver · Updated Oct 2026

Hit by an uninsured driver in Florida: coverage, penalties and what to do

Your coverage, the penalties and how to claim your losses.

Short answer

Bodily injury liability isn't required for most Florida drivers, so many have none. Uninsured motorist coverage must be included in any policy with bodily injury liability, at the same limits, unless you reject it or pick lower limits in writing.

Uninsured motorist (UM) coverage
Included unless you reject it
Minimum liability
No injury liability required
Insurance system
No-fault
PIP required
$10,000

Uninsured motorist coverage in Florida

Uninsured / underinsured motorist (UM/UIM)
Uninsured motorist coverage must be included in any policy with bodily injury liability, at the same limits, unless you reject it or pick lower limits in writing.
Liability minimum
No bodily injury liability required for most drivers; $10,000 PIP + $10,000 property damage liability. After a crash with injuries where you were charged with a moving violation, you must have had 10/20/10 bodily injury and property damage coverage or face suspension (FLHSMV).
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Compare every state in the minimum insurance table.

If the other driver has no insurance in Florida

  • Bodily injury liability isn't required for most Florida drivers, so many have none.
  • Your own PIP pays your first injury costs.
  • Uninsured motorist coverage, if you didn't reject it in writing, covers injuries caused by an uninsured driver.

State forms and programs in Florida

  • To learn the other driver's insurer, send FLHSMV the Insurance Request Form (HSMV 83392) with a full copy of the crash report or your self-report (Fla. Stat. § 324.242(2)).
  • If the at-fault driver was charged with a moving violation, someone was hurt, and they didn't have 10/20/10 liability coverage, FLHSMV suspends their license and registration until, among other steps, they buy insurance with an SR-22 filing and get releases from the people they hurt or post a security deposit (FLHSMV 'Involved in a Crash?').

No-fault benefits in Florida

Florida is a no-fault state for injuries: your own personal injury protection (PIP) pays your first medical bills and lost income, whoever caused the crash. You can sue the other driver for injuries only in some cases, described below. Every car owner must carry $10,000 of personal injury protection (PIP). It pays 80% of your reasonable medical bills and 60% of lost income, whoever caused the crash, plus a $5,000 death benefit.

How fast an insurer must handle a claim in Florida

  • PIP benefits are overdue if not paid within 30 days after the insurer gets written notice of the loss and the amount (Fla. Stat. § 627.736(4)(b)).
  • Once you and an insurer agree in writing to settle a claim, it must pay within 20 days, or the payment earns 12% interest a year (Fla. Stat. § 627.4265).
  • DFS says no statute sets a timeframe for settling a car damage claim.
  • If nothing has happened after 30 days, you can submit a concern to DFS.

Claiming from the uninsured driver in Florida

Small claims limit for car damage in Florida: $8,000 (court costs, interest and attorney's fees don't count toward it). Florida small claims guide on Small Claims Map

Step by step if an uninsured driver hits you in Florida

  1. Report the crash to the police. Call police right away (city police, sheriff or Florida Highway Patrol) if anyone is hurt or killed. Reporting a crash in Florida and getting the police report
  2. Write down the other car's plate and get witness names.
  3. Claim under your uninsured motorist coverage; in Florida it is included unless you reject it.
  4. File your PIP claim on time; Florida's no-fault benefits don't depend on who caused the crash.
  5. If your coverage doesn't pay everything, sue the driver before the deadline: 2 years for both property damage and injury. Deadlines to sue in Florida, with the calculator

Free help in Florida

Questions about uninsured drivers in Florida

Is uninsured motorist coverage required in Florida?

Uninsured motorist coverage must be included in any policy with bodily injury liability, at the same limits, unless you reject it or pick lower limits in writing.

What can I do if an uninsured driver hits me in Florida?

Bodily injury liability isn't required for most Florida drivers, so many have none. Your own PIP pays your first injury costs. Uninsured motorist coverage, if you didn't reject it in writing, covers injuries caused by an uninsured driver. To learn the other driver's insurer, send FLHSMV the Insurance Request Form (HSMV 83392) with a full copy of the crash report or your self-report (Fla. Stat. § 324.242(2)). If the at-fault driver was charged with a moving violation, someone was hurt, and they didn't have 10/20/10 liability coverage, FLHSMV suspends their license and registration until, among other steps, they buy insurance with an SR-22 filing and get releases from the people they hurt or post a security deposit (FLHSMV 'Involved in a Crash?').

What is the minimum car insurance in Florida?

No bodily injury liability required for most drivers; $10,000 PIP + $10,000 property damage liability. After a crash with injuries where you were charged with a moving violation, you must have had 10/20/10 bodily injury and property damage coverage or face suspension (FLHSMV).

How long do I have to sue an uninsured driver in Florida?

2 years for property damage and 2 years for injury.

How fast must an insurer handle a car insurance claim in Florida?

PIP benefits are overdue if not paid within 30 days after the insurer gets written notice of the loss and the amount (Fla. Stat. § 627.736(4)(b)). Once you and an insurer agree in writing to settle a claim, it must pay within 20 days, or the payment earns 12% interest a year (Fla. Stat. § 627.4265).

More for Florida drivers

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Last checked: Oct 24, 2026.