They Had $100,000/$300,000 in Auto Insurance. Then They Discovered They Had No UM Coverage.
A devastating Florida crash illustrates why every driver should check uninsured and underinsured motorist coverage before an accident occurs. What many people call “full coverage” does not necessarily mean you or your family have uninsured motorist protection.
The most important takeaway: open your automobile insurance declarations page and look specifically for Uninsured/Underinsured Motorist coverage — UM/UIM. Do not assume that substantial bodily injury liability limits, collision coverage, comprehensive coverage, or the phrase “full coverage” means that you have UM.
A Serious Crash. Serious Injuries. And an Insurance Surprise.
Two St. Johns Law Group clients were involved in a devastating motor-vehicle collision. They suffered multiple fractures and significant internal injuries.
They had done something many responsible drivers believe should provide substantial protection: they purchased $100,000 per person / $300,000 per accident in bodily injury liability coverage.
When we first discussed insurance with them after the crash, they believed they were well insured. Like many consumers, they described their policy as “full coverage.”
Then we reviewed the policy.
One of the named insureds had previously signed a form rejecting uninsured motorist coverage.
Liability Insurance Protects Others. UM Coverage Protects You.
This distinction is one of the most important things Florida motorists should understand about automobile insurance.
Bodily Injury Liability Coverage
These limits generally protect you against covered claims made by other people when you are legally responsible for causing their bodily injuries.
They do not automatically become money available to compensate you when someone else causes a crash and injures you.
Uninsured / Underinsured Motorist Coverage
UM coverage is designed to protect insured persons who are legally entitled to recover damages when the responsible motorist is uninsured or does not have sufficient bodily injury liability coverage.
In a catastrophic accident, it may become one of the most important coverages in your automobile policy.
Serious Injuries Can Affect Every Part of a Client’s Life.
St. Johns Law Group is a full-service law firm with attorneys handling personal injury and civil trials, insurance disputes, real estate, probate and estate planning, business matters, construction disputes, family law, and other complex legal issues.
When a catastrophic accident affects a client’s family, property, business, estate planning, or other legal interests, our attorneys can work together as One Legal Team.
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What Is Uninsured and Underinsured Motorist Coverage?
Uninsured motorist coverage — usually shown on a declarations page as UM or UM/UIM — can protect insured persons who are legally entitled to recover damages from a driver who has no applicable bodily injury liability insurance or whose available limits are insufficient in relation to the damages.
Subject to the policy and Florida law, UM coverage can apply to legally recoverable damages arising from bodily injury or death. Florida law also treats certain insured vehicles as uninsured for UM purposes when the responsible driver's bodily injury liability limits are less than the total damages sustained.
UM coverage generally operates above other available benefits without duplicating them. Non-economic damages such as pain and suffering are also subject to Florida's statutory injury threshold.
Florida’s principal uninsured motorist statute is § 627.727, Florida Statutes .
The UM Rejection Form Many People Do Not Remember Signing
When a Florida motor vehicle liability policy provides bodily injury liability coverage, Florida law generally requires UM coverage unless a named insured properly rejects it or selects lower limits.
“You are electing not to purchase certain valuable coverage which protects you and your family or you are purchasing uninsured motorist limits less than your bodily injury liability limits when you sign this form. Please read carefully.”
Section 627.727 requires this warning in the heading of the approved UM rejection or lower-limits form.
Florida law gives a properly executed form substantial legal effect. When the approved form is signed by a named insured, the statute provides a conclusive presumption that there was an informed, knowing rejection of UM coverage or election of lower limits on behalf of all insureds.
That is why a signature — whether written by hand or made electronically during an online insurance transaction — can become critically important after a serious accident.
Today, the “Signature” May Be a Tap on Your Phone.
Insurance is increasingly purchased, renewed, and modified through websites and mobile applications.
A consumer may answer questions, select limits, scroll through disclosures, tap boxes, electronically sign documents, and move on — believing the end result is simply “full coverage.”
One of those screens, however, may involve a legally significant decision to reject UM coverage entirely or purchase limits below the bodily injury liability limits.
$100,000/$300,000 Liability Does Not Mean You Have $100,000/$300,000 UM.
Two automobile policies may look substantial at first glance but provide dramatically different protection after an uninsured driver causes a serious crash.
| Coverage | Policy A | Policy B |
|---|---|---|
| Bodily Injury Liability | $100,000 / $300,000 | $100,000 / $300,000 |
| UM/UIM | $100,000 / $300,000 | REJECTED |
| Potential UM protection if an uninsured motorist seriously injures you | Potentially available, subject to the policy and Florida law | No UM coverage under that policy |
At a glance, both drivers may believe they have substantial automobile insurance.
After a catastrophic collision with an uninsured driver, however, the difference can be enormous.
Florida Does Not Generally Require Every Ordinary Motorist to Maintain Bodily Injury Liability Insurance.
This is one reason uninsured motorist coverage can be particularly important in Florida.
Florida's basic insurance requirements associated with registering many privately owned vehicles generally center on Personal Injury Protection (PIP) and Property Damage Liability (PDL). Bodily injury liability or financial-responsibility requirements can arise in particular circumstances, but an ordinary Florida driver does not necessarily have bodily injury liability coverage simply because the vehicle is registered and insured.
In practical terms, the driver who causes a serious collision may have no bodily injury liability insurance available to compensate the injured person.
Even when an at-fault driver does have bodily injury coverage, the available limits may be far below the losses caused by fractures, internal injuries, surgeries, lengthy hospitalization, permanent impairment, or substantial lost income.
“But I Have Full Coverage.”
“Full coverage” is not a particular type or amount of automobile insurance and does not establish that you have uninsured motorist coverage.
PIP + Property Damage
A policy can contain Florida's basic required coverages and still provide no UM coverage.
Collision + Comprehensive
Coverage for damage to your own vehicle is not a substitute for UM bodily injury protection.
UM Could Still Be $0
A policy can contain multiple automobile coverages while UM/UIM has been rejected entirely.
Check Your Automobile Policy Today.
Open your insurer's website or mobile app and find your Declarations Page or Coverage Summary. Then look for these items.
Bodily Injury Liability
What limits are shown on your policy?
Uninsured / Underinsured Motorist
Does the policy show UM/UIM coverage, or does it say Rejected, None, or $0?
UM Limits
Do your UM limits match your bodily injury liability limits?
Stacked or Non-Stacked
Determine which form of UM coverage appears on the policy.
Household and Vehicles
Make sure your insurance professional understands the vehicles and household circumstances relevant to the coverage being purchased.
Do Not Guess
If you do not understand the declarations page, ask your insurer or insurance professional to explain the coverage and available options.
Stacked vs. Non-Stacked Uninsured Motorist Coverage
Simply seeing “UM” on your declarations page is not necessarily the end of the inquiry. Florida permits insurers to offer UM coverage subject to different limitations.
Stacked UM Coverage
Coverage without the statutory non-stacking limitations may permit applicable UM limits for covered vehicles to be added together in circumstances allowed by the policy and Florida law.
Non-Stacked UM Coverage
Florida law permits insurers to offer UM coverage containing limitations that generally prevent the limits for multiple vehicles from being added together. The statute also contains important rules concerning which coverage applies depending upon the vehicle occupied and the circumstances of the injury.
One Signature Can Affect More Than One Person.
Under § 627.727, a named insured may make a written rejection of UM coverage on behalf of all insureds under the policy.
When an insured has rejected UM coverage, or selected UM limits below the bodily injury liability limits, that earlier choice can also continue to a policy that renews, extends, changes, supersedes, or replaces the existing policy with the same bodily injury liability limits, unless the insured requests the applicable UM coverage or higher limits in writing as provided by the statute.
That creates a situation many families may never consider:
After the Crash Is Too Late to Buy the Coverage You Needed.
Personal injury attorneys investigate potentially available insurance after serious accidents.
Depending upon the facts, that investigation can include the at-fault driver's liability coverage, applicable UM/UIM coverage, household policies, commercial policies, employer-related coverage, umbrella or excess insurance, and other potentially responsible parties or sources of recovery.
But there is one thing an attorney cannot do after a collision:
That is why this is not merely an article about what to do after an accident. It is something Florida drivers can check before one occurs.
Joshua R. Saxon
Personal Injury & Civil Litigation AttorneyJoshua R. Saxon represents clients in personal injury and civil litigation matters. Serious injury cases frequently involve more than determining who caused a collision. Identifying and evaluating the potentially available insurance coverage can also be a critical part of the investigation.
More Information After a Serious Florida Accident
Personal Injury & Auto Accident Attorneys
Learn more about St. Johns Law Group's personal injury practice and representation following serious accidents in Northeast Florida.
Truck & Commercial Vehicle Accidents
Commercial vehicle accidents may involve additional responsible parties, insurance policies, and sources of evidence.
Joshua R. Saxon
Meet the St. Johns Law Group attorney focused on personal injury and civil litigation matters.
Florida Uninsured Motorist Coverage FAQs
No. When a Florida motor vehicle liability policy provides bodily injury liability coverage, Florida law generally requires the policy to provide UM coverage unless a named insured properly rejects it or selects lower limits as allowed by law.
Not necessarily. A named insured may reject UM coverage or select lower UM limits in accordance with Florida law. Check the policy declarations page rather than assuming the limits match.
UM generally refers to uninsured motorist coverage. UIM refers to underinsured motorist protection. Florida's UM statute includes within its definition certain vehicles whose available bodily injury liability limits are less than the total damages sustained by the person legally entitled to recover.
No. “Full coverage” is an informal phrase, not a particular insurance coverage. An automobile policy can contain several forms of insurance while having no UM coverage.
The available sources of recovery depend upon the facts, the responsible parties, potentially applicable insurance policies, household coverage, commercial coverage, available assets, and other circumstances. The absence of applicable liability coverage and UM coverage can substantially limit the practical sources of compensation.
Potentially. Florida law allows a named insured to reject UM coverage on behalf of all insureds under the policy. The policy, rejection form, signatures, policy history, and applicable law should be reviewed in a particular case.
That is an insurance-purchasing decision to discuss with a qualified insurance professional based upon your vehicles, household, coverage needs, and cost considerations. Stacked and non-stacked coverage are not equivalent, and non-stacked coverage contains statutory limitations consumers should understand before selecting it.
More from St. Johns Law Group
The Insurance Policy Is Often Only the Beginning of the Investigation.
A catastrophic accident may involve multiple insurance policies, competing coverage provisions, uninsured or underinsured motorists, commercial defendants, disputed liability, substantial medical expenses, lost income, and long-term damages.
St. Johns Law Group investigates both the accident and potentially available sources of recovery.
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