What to Do If You’re Hit by an Uninsured Driver in Cape Coral

Being involved in a serious car accident is stressful enough. Finding out the other driver doesn’t have insurance can make a difficult situation even worse. If you’re hit by an uninsured driver in Cape Coral, the personal injury lawyers at Garvin Injury Law can help you explore all possible avenues for monetary compensation.

Florida’s Insurance Requirements vs. Reality

Florida law is clear: all drivers must carry auto insurance. Under Florida Statute §324.022, non-commercial drivers with a clean driving record must maintain Property Damage Liability (PDL) coverage of at least $10,000 and Personal Injury Protection (PIP) coverage of at least $10,000. These limits are actually quite low compared to the national average. What’s more, bodily injury liability insurance (which covers losses to others if the policyholder is at-fault in a crash) is optional. If a driver doesn’t carry bodily injury liability coverage, they must agree to be personally responsible for up to $20,000 in damages if they cause a crash.

Yet despite these requirements, Florida consistently ranks among states with the highest percentage of uninsured motorists—approximately 20 percent of Florida drivers are operating vehicles without proper insurance. That means 1 in 5 drivers in Florida is uninsured — higher than the national average of 1 in 7 drivers being uninsured.

It’s worth noting too that even if a driver carries the minimum mandatory level of auto insurance, there’s a strong chance it won’t be enough to compensate victims of serious crashes to the full extent of their losses.

Understanding Florida’s No-Fault Insurance System

Florida operates under a no-fault insurance system, which means your own PIP coverage is your first resource after an accident – regardless of who caused it. That coverage pays for 80 percent of your medical expenses and 60 percent of lost wages, up to the $10,000 limit. Health insurance may help bridge the gap for the other 20 percent of medical expenses, and disability insurance could help bridge the 40 percent gap for lost wages.

But what happens when your injuries exceed that $10,000 threshold? Or when the at-fault driver has no insurance to cover your vehicle damage or personal injury costs? Being hit by an uninsured driver in Cape Coral can put crash victims in a precarious situation. This is where uninsured/underinsured (UM/UIM) motorist coverage often becomes the primary form of financial recovery.

Why UM/UIM Coverage Is Essential in Florida

UM/UIM coverage comes standard in many auto insurance plans, but it is technically optional in Florida. That said, our personal injury lawyers cannot stress enough how crucial this protection is, especially considering how many uninsured and underinsured drivers there are. This coverage steps in when the at-fault driver either has no insurance or insufficient insurance to cover your damages.

UM/UIM coverage can pay for:

Medical expenses beyond your PIP limits
Long-term care and rehabilitation
Lost wages and diminished earning capacity
Pain and suffering and other non-economic damages
Future medical needs related to your injuries

The Florida Supreme Court has consistently upheld the importance of UM/UIM coverage, noting in Progressive American Insurance Co. v. Grossi (2005) that this coverage serves a vital public policy purpose of protecting innocent motorists from financial hardship if they’re hit by an uninsured or underinsured driver.

When You Need Legal Representation for a UM/UIM Claim

Many people are surprised to learn they may need legal representation even when filing a claim against their own insurance company. After all, you’ve faithfully paid your premiums—shouldn’t your insurer eagerly help you in your time of need?

Unfortunately, the reality is often quite different. Insurance companies—even your own—are for-profit businesses with a vested interest in minimizing payouts. At Garvin Injury Law, we’ve represented many clients who were shocked when their own insurance company:

Disputed the severity of their injuries.
Argued that treatment was unnecessary or unrelated to the accident.
Delayed processing the claim, hoping the victim would settle for less.
Offered a settlement far below what was deserved.

Insurance companies have a legal duty of good faith to their policyholders. While the hope is that they will meet that standard, crash victims can’t assume that will be the case. That’s why if you’re hit by an uninsured driver in Cape Coral, it’s smart to have a legal advocate in your corner at the very start.

Proving Your UM/UIM Claim

To successfully recover compensation in a UM/UIM claim, you must prove:

The uninsured driver was at fault for the accident.
The nature and extent of your injuries.
That your injuries were caused by the accident.
The full value of your damages.

This requires thorough documentation, expert testimony, and often complex legal arguments. Under Florida Statute §627.727, you have the right to pursue these claims, but the burden of proof falls on you as the injured party.

Steps to Take After an Accident with an Uninsured Driver

If you’re involved hit by an uninsured driver in Cape Coral:

Call the police immediately and ensure an official accident report is filed.
Seek medical attention, even if you feel your injuries are minor.
Document everything—take photos, gather witness information, and keep records of all medical treatment.
Notify your insurance company about the accident, but do not give recorded statements without legal counsel.
Contact an experienced personal injury attorney who understands Florida’s complex insurance laws.

The Importance of Acting Quickly

Florida’s statute of limitations for personal injury claims is two years from the date of the accident under Florida Statute §95.11. However, your insurance policy may impose much stricter deadlines for filing UM/UIM claims.

Moreover, critical evidence like traffic camera footage, witness recollections, and physical evidence from the scene can disappear quickly. The sooner you begin building your case, the stronger it will be. Our Cape Coral personal injury lawyers can help.

If you are injured in Cape Coral, Fort Myers, Naples or Key West, contact Garvin Injury Law at 800.977.7017 for a free initial consultation.

Additional Resources:

Facts + Statistics: Uninsured motorists, 2017-2022, Insurance Information Institute

More Blog Entries:

Fort Myers Injury Lawyers Discuss Compensation in Florida Hit-and-Run Cases, March 17, 2025, Cape Coral Injury Lawyer Blog