Uninsured and Underinsured Motorist Coverage

What UM and UIM Coverage Does

Uninsured and underinsured motorist coverage is part of your own auto policy, and it responds when the at-fault party cannot cover the harm they caused.

• Uninsured — the at-fault driver had no liability coverage at all, or the vehicle was never identified, as in a hit-and-run or a debris case where the truck did not stop.
• Underinsured — the at-fault party had coverage, but not enough to cover the injuries.

Under Fla. Stat. § 627.727, insurers must offer UM coverage, and a policyholder who does not want it must reject it in writing. Many people decline it to reduce a premium without appreciating what they are declining.

That matters especially in Florida, because bodily injury liability coverage is not universally required of private motorists in the way PIP is — which means the driver who hits you may carry nothing that pays for your injuries.

This is general information, not legal advice. Florida statutes are amended and courts reinterpret them. Section numbers are given so you can check the current text, and how any rule applies depends on facts a general page cannot assess. Confirm your position with an attorney.

When It Matters in a Truck Case

Interstate carriers carry substantial coverage — a federal minimum of $750,000 for general freight, often layered higher. So UM/UIM is less central in a claim against a large carrier than in an ordinary collision. But it becomes important in several truck scenarios:

• The vehicle was never identified. A lost load or debris crash where the truck did not stop — see Lost Load and Cargo Spills.
• Smaller commercial vehicles. A box truck or van under the federal weight thresholds may carry far less, and a rental vehicle may carry very little — see Box Trucks.
• Catastrophic injuries exceeding even a large policy, where layered coverage still falls short of a lifetime of care.
• Multiple claimants sharing one policy, where a single crash injured several people and the available limits are divided.
• A government defendant subject to sovereign immunity caps, where the capped recovery cannot cover the harm.

Published By

Shiner Law Group, P.A.

Founded by David I. Shiner, Esq. · AV Preeminent® rated · Florida Bar member since 2002

Shiner Law Group was founded by David I. Shiner, Esq., a Nova Southeastern University law graduate, a member of The Florida Bar since 2002, and AV Preeminent® rated by Martindale-Hubbell. The firm represents injured people across Florida from offices in Boca Raton, West Palm Beach, Fort Lauderdale, Fort Pierce, Orlando, Wellington, and Belle Glade, and handles truck accident cases on contingency: free consultations, and no fee unless there is a recovery.

The firm works to keep this information current and consistent. Spotted something wrong? Email joseph@shinerlawgroup.com and we will fix it. About this site →

Stacking, and Why It Is Worth Understanding

Florida permits stacked UM coverage, which allows limits to be combined across the vehicles insured on a policy. A household insuring three vehicles with stacked coverage may have substantially more available than the per-vehicle limit suggests.

Stacked coverage costs more, and non-stacked coverage is commonly sold as the cheaper option. As with rejecting UM entirely, the saving is real and the consequence is invisible until it matters.

Two practical points. First, check your own policy now rather than after a crash — whether you carry UM at all, at what limits, and whether it is stacked. Second, after a serious crash involving a smaller commercial vehicle, review it early, because a UM claim has its own notice and cooperation requirements under your policy.

What to Do

1. Check your own declarations page for UM/UIM limits and whether coverage is stacked.
2. Notify your own insurer promptly after a crash, since your policy requires cooperation and timely notice.
3. Do not settle with the at-fault party’s insurer without considering the effect on a UM claim — some policies require consent before settling.
4. Identify every liable party first, since UM generally responds after other coverage is exhausted.
5. Keep the crash report and any evidence identifying the vehicle, which matters most in hit-and-run and debris cases.
6. Note the deadline. Florida’s limitations period for most negligence claims arising after March 24, 2023 is two years. Claims involving a government entity carry far shorter pre-suit notice requirements. See Florida’s Truck Accident Deadline.

UM and UIM FAQ