Uninsured Motorist Coverage: Why It’s the Most Important Insurance You Can Buy in Florida

The Hidden Dangers of Driving in South Florida

Driving in South Florida often feels like a gamble. Between the congestion on I-95 and the unpredictable weather, the risks are high. But the biggest danger on the road isn’t a pothole or a sudden storm—it is the driver in the lane next to you who has no insurance at all.

As we move through 2025, the legal landscape regarding car accidents in Florida has shifted dramatically due to recent legislative changes (HB 837). If you rely solely on the state’s minimum insurance requirements, you are leaving your financial future completely unprotected.

At the Law Offices of David L. Rich, P.A., we have spent decades helping clients put their lives back together after accidents. Based on our 70+ years of combined experience, there is one piece of advice we give every client: Get Uninsured Motorist (UM) Coverage. Call the Law Offices of David L. Rich, P.A. for a free telephone consultation before you next purchase your car insurance.

Here is why UM coverage is the most vital protection you can own, and how recent laws affect your ability to claim it.

The “Hidden” Risk: 1 in 5 Drivers Are Uninsured

Florida consistently ranks among the highest in the nation for uninsured drivers. Statistics suggest that nearly 1 in 5 drivers (roughly 20%) on Florida roads are driving without any Bodily Injury insurance.

Furthermore, Florida law only requires drivers to carry Personal Injury Protection (PIP) and Property Damage Liability. It does not require drivers to carry Bodily Injury (BI) coverage to pay for your pain and suffering if they hit you.

If you are hit by one of these drivers and you do not have Uninsured Motorist (UM) coverage, you may be left with:

• Only $10,000 in PIP (which covers only 80% of medicals and 60% of lost wages). You may not have a full $10,000 if you elected to have a deductible, and if you did not purchase medical payments benefits you will be responsible for the 20% of medicals.
• Zero recourse for pain and suffering.
• Zero compensation for future medical needs once PIP runs out.

The New “51% Rule” (Modified Comparative Negligence)

In the past, if you were partially at fault for an accident, you could still recover a portion of your damages. However, Florida recently adopted Modified Comparative Negligence.

Under this new standard, if a jury finds you are more than 50% at fault for an accident (i.e., 51% or higher), you are barred from recovering any damages from the other driver.

Why does this matter for your insurance?

Insurance companies are now more aggressive than ever. They will attempt to pin 51% of the blame on you—arguing you were speeding slightly, or distracted—to avoid paying a dime.

Having a robust Uninsured/Underinsured Motorist policy is your safety net. However, accessing that policy often requires a fight. You need a Personal Injury attorney who knows how to gather evidence to prove the other driver was the majority at fault, preserving your right to compensation.

This is why the Law Office of David L. Rich suggest that an inexpensive dash cam be installed in your vehicle to corroborate your truth as to the fault of the adverse driver. Further the newer vehicles are equipped with a device known as EDR (Event Data Records) that will record speed, braking, and seatbelt usage.

The “Statute of Limitations” Secret: Don’t Assume It’s Too Late

One of the most confusing aspects of the recent legal changes is the Statute of Limitations.

• The General Rule: For most general negligence claims (like a standard car accident lawsuit against the at-fault driver), the deadline to file suit has been shortened by the change in the March 2023 law to two years.

However, there is a critical exception that many people—and even inexperienced lawyers—miss.

An Uninsured Motorist claim is technically a claim based on contract law (your contract with your insurance company), not just tort law. Because of this distinction, UM claims may still may be subject to a five-year statute of limitations. F.S. 95.11(2)(b).

This means that even if the two-year window to sue the at-fault driver has closed, you might still have legal avenues to pursue compensation through your own UM policy.

Why Experience Matters in Insurance Litigation

Insurance companies are businesses. Their goal is to collect premiums and adjust claims to the carriers’ financial interest. When you file for Uninsured Motorist benefits, your own insurance company essentially steps into the shoes of the at-fault driver and becomes your adversary.

They may delay your payment, deny coverage based on technicalities, or undervalue your injuries. This is where the Law Offices of David L. Rich, P.A. steps in.

We Find Coverage Where Others May Overlook

With David L. Rich’s 43+ years of trial experience and Tamara L. Klopenstein’s dual background as a Nurse and Attorney, we offer a level of insight most firms cannot match.

• We understand the medical reality of your injuries (essential for fighting low-ball offers).
• We know the intricacies of Insurance Litigation and Bad Faith laws.
• We know how to navigate the complex interplay between the 2-year negligence statute and the 5-year contract statute.

Protect Your Rights Today

If you have been injured in an Automobile Accident, do not navigate the new 2023 laws alone. Whether you are dealing with an uninsured driver, a low-ball settlement offer, or a denied claim, we are here to help.

“Your interests are my first and only priority.”

– David L. Rich

Contact the Law Offices of David L. Rich, P.A. today for a free consultation. Let us review your case and help you secure the compensation you deserve. Our phone number is 954-972-1800 and we are ready to help!