How do I file an uninsured or underinsured motorist claim after a Seminole car crash?

Imagine you're stopped at a red light when another vehicle slams into you. The driver apologizes but admits they have no insurance. Now you're injured, your car is damaged, and the responsible party has no coverage to pay for anything. This scenario is exactly why uninsured motorist (UM) coverage exists. A Seminole car accident attorney can guide you through filing a UM claim to secure the compensation you deserve.

What Is Uninsured Motorist Coverage?

Florida's uninsured motorist (UM) coverage protects drivers when they're injured by someone who either has no insurance or carries insufficient coverage to pay for all damages. 

Under Florida Statute § 627.727, insurance companies must offer UM coverage in amounts equal to your bodily injury liability (BIL) limits unless you reject it in writing. UM coverage in Florida automatically includes underinsured situations; there's no separate UIM (underinsured motorist) policy.

When Does It Apply?

UM insurance coverage applies in several situations: 

• When the at-fault driver has no insurance
• When they carry bodily injury coverage, but the limits can't fully compensate you
• In hit-and-run accidents and phantom vehicle cases, the other driver is never identified

What's the Difference Between Stacked and Non-Stacked UM Coverage?

Florida offers both stacked and non-stacked UM coverage. Stacked coverage multiplies your UM limits by the number of vehicles on your policy, dramatically increasing available compensation. Non-stacked coverage applies only the per-person limit regardless of how many vehicles you insure. This distinction significantly affects your potential recovery.

How Does UM Coverage Differ From PIP?

Florida's no-fault insurance system requires all drivers to carry Personal Injury Protection. PIP generally covers 80% of reasonable medical expenses and 60% of lost wages, up to a $10,000 policy limit. UM coverage typically applies after PIP benefits are exhausted. 

While PIP covers only economic losses up to these limits, UM coverage compensates for losses exceeding PIP and provides payment for pain and suffering, emotional distress, and other non-economic damages.

UM claims are contract claims first, not negligence claims. You're seeking benefits from your own insurance policy based on contractual obligations. This distinction matters procedurally and strategically throughout the claims process.

When Do I Notify My Insurance Company?

Contact your insurance company promptly after the car accident. Florida policies require notification "as soon as practicable," though specific timeframes vary by insurer. Your initial notification should include:

• Basic accident information. Describe when and where it occurred, how it happened, and the other driver's information (or lack thereof).
• Confirmation of injuries. State that you're seeking medical treatment without providing extensive detail.
• Documentation request. Ask what specific materials the insurer needs to process your claim.

Keep detailed records of every communication with your insurer, including dates, times, representative names, and conversation summaries. Don't provide detailed recorded statements or discuss settlement before consulting with legal counsel.

What Documentation Strengthens Your Claim?

Medical records form the foundation of your UM claim. Even if injuries seem minor, get evaluated by a physician who can determine whether an Emergency Medical Condition exists. Follow all treatment recommendations and never miss appointments.

Additional documentation to gather includes:

• Photographic evidence. Get images of vehicle damage, accident scene conditions, and visible injuries from multiple angles.
• Police report. The official accident report establishes a record of the incident and documents the other driver's insurance status or hit-and-run circumstances.
• Economic loss documentation. Pay stubs showing lost wages, medical bills, and receipts for out-of-pocket expenses quantify your financial damages.

What Are the Two Different Statute of Limitations Clocks?

Car accident victims could face two separate limitation periods depending on whom they're suing. This "two clocks" distinction confuses many people, but it matters enormously.

Negligence Claim

If you're suing the at-fault driver directly for negligence, Florida's statute of limitations is two years from the date of the accident. Miss this deadline, and you lose the right to pursue the at-fault driver entirely.

Breach of Contract

If you're suing your own insurance company for UM benefits, that's treated as a written-contract action with a five-year statute of limitations under Florida Statute § 95.11(2)(b). UM lawsuits enforce your policy's contractual obligation to pay, not the at-fault driver's negligence.

How Does Hiring an Attorney Affect the Process?

Insurance companies employ experienced professionals whose job is to minimize claim payments. An attorney levels the playing field and brings concrete advantages:

• Accurate claim valuation. Experienced lawyers calculate both current and future damages, including medical costs, disability, and appropriate pain and suffering compensation.
• Negotiation leverage. Insurers take represented claimants more seriously because attorneys will file lawsuits if fair settlements aren't offered.
• Deadline management. Attorneys track both the relevant statutes of limitations for negligence and contract claims, ensuring your right to fair compensation is protected.