Sarasota Uninsured Motorist Accident Attorney
Florida lets drivers carry no injury coverage at all
People assume that a driver who causes a crash has insurance that pays for the harm. In Florida that is frequently untrue. The state requires
personal injury protection
and property damage liability
. It does not require bodily injury
liability
for most drivers.So a driver can run a red light in Sarasota, injure you badly, be cited at the scene, and have no coverage that pays a cent toward your medical bills or your lost income. Add the drivers carrying only minimum limits and the drivers who let a policy lapse, and a large share of serious crashes here involve nowhere near enough insurance on the other side.
I am David Harris, and I have handled Sarasota County injury claims since 2003. Explaining this is one of the harder conversations in the job, because it usually happens after someone has already been told they have a clear case.
Your own policy is the claim
Uninsured and underinsured motorist coverage is the answer, and you may already have it. Florida insurers must offer it, and it applies unless you rejected it in writing, so a lot of drivers carry it without remembering. It covers you in your car, as a passenger in someone else's, and as a pedestrian or cyclist.
Two things about it are worth understanding before you need them.
Stacking. If you insure more than one vehicle, stacked coverage multiplies the available limit across those vehicles. Stacked is the de
fault
in Florida and non-stacked requires a signed rejection, which is often signed without much explanation at the point of sale.Underinsured, not just uninsured. The coverage also fills the gap when the at-
fault
driver has a policy that is simply too small for the injury. That is the more common scenario.The part nobody expects: your insurer becomes the opponent
A UM claim is made against your own insurance company. The relationship changes the moment you file it. The company that has taken your premiums for years is now the party deciding what your injury is worth, and its interest runs the other way from yours.
That means recorded statements, requests for your complete medical history, an independent medical examination chosen and paid for by the insurer, and the same arguments about pre-existing conditions and gaps in treatment that any defendant makes. None of it is personal. It is simply how the claim works, and people are frequently caught off guard because they expected to be treated as a customer.
Consent also matters. Settling with the at-
fault
driver's insurer without your UM carrier's written agreement can wipe out the UM claim entirely, because it destroys the carrier's right to pursue that driver. That is a trap worth knowing about before a cheque is offered.The deadlines still run
Section 627.736 requires initial medical treatment within fourteen days of the crash for your PIP benefits to be available, and PIP is usually the first layer of a UM case. Florida's limitation period for a
negligence
claim is two years, while the contract claim against your own insurer runs on its own terms set by the policy.The crash report is confidential for sixty days under section 316.066, released in that window to the people involved and their representatives.
Find out what you actually have
Most people do not know whether they carry UM, or whether it is stacked. It takes one phone call to find out and it changes everything about what a crash costs you. If you have already been hurt and been told the other driver had nothing, call me and we will look at your policy together. There is no fee unless you recover.
What Our Clients Say
"David is absolutely amazing! He spent over 40 minutes with me on a Saturday, taking the time to thoroughly understand my situation and offer thoughtful guidance. He’s incredibly personable, compassionate, and easy to talk to — I truly felt like I was speaking with a friend who had my back. It’s rare to find an attorney who cares this much. Thank you, David!"
N
N. Nys
Florida compassionate injury lawyer client
"I had the pleasure of having David as my attorney in a recent lawsuit. He is efficient and effective along with being polite, kind caring. He was always available to me and took the time to answer all my questions and concerns regarding the case. I was extremely pleased with every aspect of his service to me. I highly recommend David Harris Law for any legal matters you may have."
B
B. Eisenberg
Polite and effective injury case client
"David has been amazing since day one after the car accident… He took the claim personally and fought for every dime…"
D
D. Clark
Aggressive and dedicated accident attorney client
Areas We Serve
Bee Ridge, FloridaClark Road, FloridaFruitville, FloridaGulf Gate Estates, FloridaLake Sarasota, FloridaLakewood Ranch, FloridaLongboat Key, FloridaPalmer Ranch, FloridaRidge Wood Heights, FloridaSarasota Springs, FloridaSarasota, FloridaSiesta Key FloridaSouth Gate Ridge, FloridaSouth Sarasota, FloridaSouthgate, FloridaVamo, Florida