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Uninsured Motorist Claims - What Is Your Recourse?

January 26, 2018 | Category: Automobile Accidents, Motorcycle Accidents, Truck Accidents | Share

Auto insurance is compulsory in just about every state in the United States. One exception is New Hampshire where it is not mandatory, but the state does require motorists to pay for costs of bodily injury or property damage resulting from a vehicle accident they caused. 

Even if it is law, not every driver follows the law. The IRC estimates that over 29.2 million drivers are uninsured in the United States. Florida, second only tUninsured Motorist Claims - What Is Your Recourse - Spivey Lawo California, has the largest number of uninsured drivers. 

Why would a driver not get insurance? 

There are reasons, experts cite, some drivers may not get insurance; these include: 

  1. They might not have the legal ability to obtain a driver’s license (without which obtaining auto insurance is quite difficult and often more expensive). 
  1. They might not be able to afford insurance premiums offered to them, 
  1. Or, perhaps they are simply irresponsible. 

If a driver does not have insurance and is involved in an accident, he/she may leave the scene of the accident. Even if the driver is tracked down, many experts believe that the odds of his/her being held financially responsible and actually receiving compensation may not be good.  If the driver cannot afford insurance, it would seem logical that he/she cannot afford to pay for the costs of an accident. 

What is your recourse? 

Uninsured motorist coverage is a driver’s best protection against other driver’s not having insurance. 

What is uninsured motorist coverage? 

Uninsured motorist coverage (UM) covers the victim’s damages in the event that he or she is in an accident in which the other driver either does not have insurance, does not have enough insurance or is unidentified, as with a hit and run. 

UM coverage will allow victims to pursue compensation for their losses in an accident. The coverage can be broken into two basic categories: 

  • Bodily injury (injuries to the driver and passengers), and
  • Property damage (damage to the vehicle). 

What does Florida law say about uninsured motor vehicle coverage? 

Florida law requires that motor vehicle insurance companies offer uninsured/underinsured motorist coverage in an amount equal to the bodily injury coverage the vehicle owner purchases. We, at Spivey Law Firm, suggest everyone get uninsured/underinsured coverage. 

“Being in an accident is stressful enough, but finding out the other driver does not have insurance or is underinsured, adds to that stress. An experienced legal team can assist you when you or a family member are injured in a vehicle accident. We will investigate the situation and work to help you receive the benefits to which you are entitled. There are no costs or attorney fees unless we make a monetary recovery for you,” said Fort Myers Uninsured Motorist Lawyer, Randall Spivey of Spivey Law Firm, Personal Injury Attorneys, P.A. 


Fort Myers Uninsured Motorist Lawyer, Randall L. Spivey is a Board Certified Trial Attorney – the highest recognition for competence bestowed by the Florida Bar and a distinction earned by just one (1%) percent of Florida attorneys.  He has handled over 2,000 personal injury and wrongful death cases throughout Florida.  For a free and confidential consultation to discuss your legal rights, contact the Spivey Law Firm, Personal Injury Attorneys, P.A., in Lee County at 239.337.7483 or toll free at 1.888.477.4839, or by email to  Visit for more information.  You can contact Spivey Law Firm, Personal Injury Attorneys, Charlotte County at 941.764.7748 and in Collier County 239.793.7748.


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Fort Myers, Florida 33912

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