Miami Uninsured Motorist Accident Lawyer

Reviewed by Mike Redondo, Founding Attorney, Redondo Law, P.A. • Updated October 2026

Redondo Law helps people who were hurt by drivers with no insurance or too little insurance. If you were hit by an uninsured driver in Miami or anywhere in Miami-Dade County, a Miami uninsured motorist lawyer can help you make a claim under your own policy and deal with your insurance company for you.

The consultation is free, and you pay no fee unless we win. Our phones are answered 24/7, and our staff is fully bilingual (Se habla español). You can meet us at our office at 2828 Coral Way, by phone or by video. Mike Redondo personally oversees every case.

Why so many Florida drivers have little or no injury coverage

Florida only requires most drivers to carry $10,000 in personal injury protection (PIP) and $10,000 in property damage liability. Bodily injury liability coverage is not required for most drivers. That means the driver who hit you may have no coverage at all for your injuries, or a small policy that runs out fast.

PIP helps, but it has limits. It pays up to $10,000, covering 80% of medical bills and 60% of lost wages. A broken bone, a surgery or months off work can pass that quickly. The gap between your real losses and what the other driver can pay is what uninsured motorist coverage is for. For the bigger picture after a crash, see our Miami car accident lawyer page.

How uninsured and underinsured motorist coverage works

Uninsured motorist (UM) coverage is part of your own auto policy. It pays you for harm the at-fault driver should have paid for but cannot. In general, you can recover from UM what you would have been legally entitled to recover from the at-fault driver. That can include medical bills beyond PIP, lost income, and pain and suffering if your injury meets Florida’s threshold.

• Uninsured driver. The driver who caused the crash had no bodily injury coverage.
• Underinsured driver. The driver had bodily injury coverage, but the limits are less than your total damages. This is often called UIM, and in Florida it is part of the same UM coverage.
• In addition to other benefits. UM pays over and above benefits such as PIP, but it does not pay twice for the same loss.
• Hit-and-run. If the driver fled and cannot be found, UM coverage can apply.

Stacked vs. non-stacked UM coverage

If you insure more than one car, your UM coverage may be stacked or non-stacked. With stacked coverage, the UM limits for each car on the policy can be added together. For example, if you insure two cars with the same UM limit, stacking could double the coverage available to you. With non-stacked coverage, the limits are not added together.

Florida lets insurers sell non-stacked UM coverage, but only if you accept it, the insurer explains the limits on a state-approved form, and the premium is at least 20% lower. Your declarations page should say which kind you have. We check this early, because it can change how much coverage is on the table.

The written rejection rule

Many people sign a stack of forms when they buy insurance and never read them. Some later learn they rejected UM coverage or picked lower limits without knowing it. Because Florida law requires a written rejection or a written choice of lower limits, the paperwork matters. If the insurer cannot produce a signed form, or the form is not the approved one, that is worth a close look. We ask for the full policy file, not just the summary.

Making a claim against your own insurance company

A UM claim is unusual because you are claiming against your own insurer, the company you have paid for years. Once you make a claim, though, its interests are not the same as yours. The adjuster may question your injuries, blame a prior condition, ask for years of medical records or ask for a recorded statement. Your policy usually requires you to cooperate with your own insurer, so it helps to have someone guide what you share and how.

Settling with the at-fault driver first

When the other driver has some coverage, their insurer may offer its limits. Before you accept, Florida law requires written notice of the proposed settlement to your UM insurer by certified or registered mail. Your UM insurer then has 30 days to approve the settlement or take steps to protect its own rights against the at-fault driver. Getting this step wrong can cause problems with your UM claim, so do not sign a release until it is handled.

Hit-and-run and phantom vehicle crashes

If the driver who hit you drove away, call the police right away and report the crash. Your UM coverage can apply even if the driver is never found. Read more on our hit-and-run accident page.

A phantom vehicle crash is different. Another car causes the crash but never touches you. A driver cuts you off on the Palmetto Expressway, you swerve and hit the wall, and the other car keeps going. These claims turn on proof that the other car existed and caused the crash. Witness names, dashcam video, 911 calls and the police report all matter. Policy wording matters too, so we read your policy closely.

UM coverage for passengers, pedestrians and family members

UM coverage often protects people, not just a car. Depending on the policy, the named insured and relatives who live in the same home may be covered while riding in someone else’s car, walking or riding a bike. A passenger may also be covered by the UM on the car they were riding in. More than one policy can apply, and each has its own terms and limits.

There are exceptions. For example, a policy may exclude a family member who was hurt while riding in a household car that did not carry UM coverage. If you were hit while walking, see our pedestrian accident page. If you were in a rideshare, see our Uber and Lyft accident page.

When your insurer handles a UM claim in bad faith

Insurers must try in good faith to settle claims when, under all the facts, they could and should have done so. Under Fla. Stat. 624.155, a person harmed by an insurer’s bad faith may sue, but only after filing a 60-day written notice, called a civil remedy notice, with the Florida Department of Financial Services and the insurer. If the insurer pays or fixes the problem within those 60 days, the lawsuit cannot go forward.

If it does not, the damages in that action can include amounts above the policy limits, plus interest, attorney’s fees and costs. Mere negligence by the insurer is not enough, and Florida law also expects claimants and their lawyers to act in good faith. Bad faith claims are technical, so the record we build from day one matters.

What to do after a crash with an uninsured driver

How Redondo Law handles uninsured and underinsured motorist claims

Before founding Redondo Law in 2019, Mike spent six years at Holland & Knight defending major corporations in catastrophic injury and wrongful death cases. He knows how the other side builds a defense and values a claim. Learn more about Mike Redondo, or see our case results, which include an uninsured motorist claim.

We gather every policy that may apply, check the UM forms, track your medical care and build the proof of your losses. If the crash also involved a drunk driver, see our drunk driver accident page. If your own PIP benefits were cut off, read what to do when a PIP claim is denied. Deadlines apply to claims against the driver and to claims under your policy, and they can differ, so do not wait.

Frequently asked questions

What is the difference between uninsured and underinsured motorist coverage?

Uninsured coverage applies when the at-fault driver had no bodily injury coverage. Underinsured coverage applies when the driver had some coverage, but not enough to pay for all of your damages. In Florida, both are handled under the same UM coverage in your auto policy, and it pays in addition to PIP without paying twice for the same loss.

Can I make a UM claim if I was a passenger or a pedestrian?

Often, yes. Depending on the policy, UM coverage can protect the named insured and relatives who live in the same home while riding in another car, walking or biking. A passenger may also be covered by the UM on the car they were in. More than one policy can apply. We review every policy that may cover you.

Does UM coverage apply to a hit-and-run in Miami?

UM coverage can apply when the driver who hit you fled and is never found. Report the crash to police promptly, get medical care, and tell your insurer. Witness names, video and photos help prove what happened. If no car touched you, read your policy closely, because these phantom vehicle claims depend heavily on evidence.

What if I rejected UM coverage when I bought my policy?

Florida requires a UM rejection, or a choice of lower limits, to be in writing on a state-approved form. A properly signed form is treated as an informed rejection for everyone on the policy. Still, ask for the actual form. If the insurer cannot produce it, or the form has problems, the question of coverage is worth a closer look.

Do I have to sue my own insurance company?

Not always. Many UM claims are resolved through negotiation with the insurer. If the insurer will not pay a fair amount, a lawsuit against your insurer may be the next step. In some cases, an insurer’s bad faith can lead to a separate claim, which first requires a 60-day civil remedy notice under Fla. Stat. 624.155.

How do I find out how much UM coverage I have?

Check the declarations page of your auto policy. It lists your UM limits and should show whether the coverage is stacked or non-stacked. Your UM limits must match your bodily injury limits unless you chose lower limits in writing. If you cannot find the page, we can request the full policy from your insurer.