You were hit by a driver who ran a red light, caused serious injuries, and either had no insurance or limits too low to cover your losses. You assumed your own uninsured motorist (UM) coverage would step in and make up the difference. Instead, your insurance company is delaying your claim, questioning your injuries, offering settlements that don’t come close to your damages, or outright denying coverage.
Roman Austin handles uninsured and underinsured motorist claims throughout New Port Richey and Pasco County. We know Florida’s UM/UIM laws, how to use stacked coverage, and how to hold your own insurance company accountable when they refuse to pay what you’re owed. Contact a New Port Richey uninsured motorist claims lawyer at (727) 815-8442 for a free consultation—available 24/7.
Why Choose Roman Austin for Your UM/UIM Claim
Uninsured and underinsured motorist claims look like standard car accident cases on the surface, but they’re fundamentally different. You’re not negotiating with the at-fault driver’s insurer—you’re fighting your own insurance company, the one you’ve paid premiums to for years, expecting they’d protect you in exactly this situation.
We handle the UM/UIM claim process.
From the moment you contact us, we take over communication with your insurance company. You won’t have to give recorded statements without guidance, respond to claim denials alone, or accept low settlement offers under pressure. We manage all correspondence, documentation requests, and negotiations.
We know Florida UM/UIM law.
Uninsured motorist claims in Florida are governed by Florida Statute § 627.727, which defines coverage requirements, stacking rules, and when UM benefits apply. We understand how Florida’s no-fault PIP system interacts with UM coverage, how stacked policies increase available benefits, and when your insurer’s conduct crosses into bad faith territory under Florida’s Civil Remedy statutes.
Free consultations, no upfront costs.
We offer free case reviews and handle UM/UIM claims on a contingency fee basis; you pay no attorney fees unless we recover compensation for you. Our team is available 24/7 at our New Port Richey office at (727) 815-8442 and throughout Pasco County.
What Uninsured Motorist Coverage Pays For in Florida
Uninsured motorist (UM) coverage protects you when you’re injured by a driver who has no insurance or insufficient insurance to cover your damages. Florida law requires insurance companies to offer UM coverage at the same limits as your bodily injury liability coverage, though you can reject it in writing.
UM coverage applies in several situations:
- The at-fault driver has no insurance — You’re hit by someone driving without any insurance coverage, which is illegal in Florida but happens frequently.
- Hit-and-run accidents — The at-fault driver flees the scene and cannot be identified. UM coverage treats unidentified drivers as uninsured.
- The at-fault driver’s insurer denies coverage — The at-fault driver had insurance, but their carrier denies the claim due to policy exclusions, lapsed coverage, or other reasons.
UM coverage can cover losses that PIP doesn’t, such as medical bills and lost income beyond PIP, as well as, in cases that meet Florida’s injury threshold, non-economic damages like pain and suffering.
Florida’s no-fault PIP system provides initial coverage for medical expenses and lost wages up to $10,000, regardless of fault. However, PIP doesn’t cover pain and suffering, has limited wage loss benefits, and often runs out quickly with serious injuries. UM/UIM coverage fills these gaps when the at-fault driver can’t.
Stacked vs. Non-Stacked UM Coverage in Florida
One of the most misunderstood aspects of UM coverage in Florida is stacking. Whether your coverage is stacked or non-stacked dramatically affects how much compensation you can recover.
Non-Stacked UM Coverage
Non-stacked UM coverage provides benefits up to the per-person limit on the policy covering the vehicle you were occupying when injured. For example, if a driver has $100,000 in UM coverage and they’re injured while driving your car, they can recover up to $100,000 from their UM coverage, regardless of how many vehicles are on your policy.
Stacked UM Coverage
Stacked UM coverage multiplies your available benefits by the number of vehicles on your policy. That’s to say, if a driver has $100,000 in stacked UM coverage and three vehicles on your policy, they have up to $300,000 in available UM benefits.
How to Know if Your Coverage Is Stacked
Check your insurance policy declarations page for language about “stacked” or “non-stacked” coverage. If you’re unsure, a New Port Richey attorney can review your policy and explain your coverage. Many Florida drivers don’t realize they purchased non-stacked coverage at lower premiums, only discovering the limitation after a serious accident when they need greater benefits.
How Florida PIP Interacts With UM Coverage
Florida’s no-fault insurance system requires Personal Injury Protection (PIP) coverage under Florida Statute § 627.736. PIP pays up to $10,000 for medical expenses and lost wages regardless of who caused the accident. Understanding how PIP and UM coverage work together is critical for improving your recovery.
PIP Pays First
PIP pays first for medical expenses and lost wages, up to policy limits. UM coverage typically doesn’t pay for expenses already covered by PIP, though UM can cover expenses that exceed PIP limits or that PIP excludes.
PIP Doesn’t Cover Pain and Suffering
This is where UM coverage becomes essential. Even minor accidents cause discomfort, disruption, and emotional distress. Serious accidents cause chronic pain, permanent limitations, and life-altering consequences. UM coverage compensates for these non-economic damages.
PIP Limitations That UM Coverage Addresses
- PIP generally pays 80% of reasonable medical expenses and 60% of lost wages, up to the policy limit.
- In many cases, PIP is capped at $10,000, but if there’s no Emergency Medical Condition (EMC) determination, benefits may be limited to $2,500.
- PIP does not pay pain and suffering, and serious injuries can burn through PIP quickly.
What Your UM Claim Can Include
- Medical expenses exceeding PIP limits
- The 20% of medical expenses PIP didn’t cover
- Lost wages beyond what PIP paid
- Pain and suffering and emotional distress
- Permanent injury and disability
- Future medical expenses and lost earning capacity
Because PIP and UM coverage serve different purposes, you’ll typically pursue both after a serious accident: PIP for immediate medical and wage loss coverage, and UM for full compensation, including non-economic damages.
Common Reasons Insurers Deny or Delay UM Claims
Insurance companies make money by collecting premiums and minimizing payouts. When you file a UM claim, you’re no longer just a premium-paying customer. You’re a claim they want to deny, delay, or settle for as little as possible.
Common tactics insurers use to avoid paying UM claims:
- Disputing coverage applicability — The insurer argues UM coverage doesn’t apply because the at-fault driver had some insurance (even if grossly insufficient), or claims you weren’t using the covered vehicle when injured.
- Questioning injury causation — The insurer claims your injuries weren’t caused by the accident, pointing to pre-existing conditions, gaps in treatment, or delayed medical care as evidence.
- Low settlement offers — The insurer offers quick settlements that seem substantial but fall far short of actual damages, hoping you’ll accept before understanding the full extent of your injuries and losses.
- Demanding unnecessary documentation — The insurer repeatedly requests medical records, wage documentation, and other information you’ve already provided, creating delays and frustration.
- Recorded statement traps — The insurer asks for recorded statements and uses your answers to minimize your claim or create inconsistencies they can exploit later.
- Misrepresenting policy terms — The insurer tells you stacking doesn’t apply, that certain damages aren’t covered, or that policy limits are lower than they actually are.
- Unreasonable claim delays — The insurer sits on your claim for months without explanation, forcing you into financial hardship while hoping you’ll give up or accept less.
When your own insurance company uses these tactics, it may constitute bad faith under Florida law. Insurers owe a duty of good faith and fair dealing to their policyholders, and violating that duty can result in damages beyond the policy limits.
When UM Claim Denials Cross Into Bad Faith
Florida law requires insurance companies to handle claims fairly and promptly. When your own insurer denies or delays a legitimate UM claim without reasonable justification, that conduct may constitute bad faith.
Signs your insurer may be acting in bad faith:
- Denying a valid claim without a reasonable basis
- Failing to conduct a proper investigation before denying coverage
- Refusing to pay policy limits when liability and damages clearly exceed those limits
- Misrepresenting policy terms or coverage to avoid payment
- Creating unnecessary delays without legitimate reasons
- Forcing you to sue to recover benefits you’re clearly entitled to
Florida’s bad faith statute allows policyholders to pursue damages beyond policy limits when insurers violate their duty of good faith and fair dealing. However, bad faith claims require following specific procedures, including filing a Civil Remedy Notice with the Florida Department of Financial Services and giving the insurer an opportunity to cure the violation.
An attorney experienced in UM bad faith claims can evaluate whether your insurer’s conduct justifies a bad faith claim and guide you through the process.
How Roman Austin Handles UM/UIM Claims
We start with a thorough review of your insurance policy to understand your coverage, limits, stacking status, and any exclusions or conditions that affect your claim:
- Investigating the accident and establishing the at-fault driver’s insurance status — We obtain police reports, determine whether the at-fault driver had insurance, and if so, what their policy limits are. This establishes whether UM or UIM coverage applies.
- Documenting your injuries and damages — We gather medical records, billing statements, wage loss documentation, and expert opinions, as needed, to build a complete picture of your damages. Insurance companies minimize injuries; we ensure the full extent of your harm is documented and presented.
- Determining available coverage and stacking benefits — We analyze your policy to calculate total available UM/UIM benefits, including stacked coverage if applicable. Many policyholders don’t realize they have stacked coverage, and insurers don’t volunteer this information.
- Negotiating with your insurance company — We handle all communication with your insurer, push back against low offers, and negotiate for full compensation. If your insurer refuses to pay fairly, we’re prepared to file a lawsuit and take the case to trial.
We handle UM/UIM claims on a contingency fee basis, so you pay no attorney fees unless we recover compensation for you.
FAQ for New Port Richey Uninsured Motorist Claims Lawyer
What’s the Difference Between UM and UIM Coverage?
Uninsured motorist (UM) coverage applies when the at-fault driver has no insurance or can’t be identified (hit-and-run). Underinsured motorist (UIM) coverage applies when the at-fault driver has insurance, but their policy limits are too low to cover your damages. Both coverages protect you from financial loss when the at-fault driver can’t or won’t pay what you’re owed.
Do I Have to File a Lawsuit to Get Full UM Benefits?
Not always. Some UM claims settle through negotiation when the insurer acknowledges coverage and damages are clear. In some cases, filing suit could demonstrate that you’re serious and often motivates insurers to make better settlement offers. Your attorney can advise whether negotiation or litigation is an appropriate strategy for your case.
What if My Insurance Company Says I Don’t Have UM Coverage?
Review your policy declarations page or contact your agent to verify. Florida law requires insurers to offer UM coverage at the same limits as your bodily injury liability coverage, though you can reject it in writing. If you didn’t explicitly reject UM coverage in writing, you likely have it.
How Long Do I Have to File a UM Claim in Florida?
A lawsuit to recover UM benefits is generally treated as an action on a written insurance contract, which is commonly subject to a five-year limitations period under § 95.11(2)(b). However, you should notify your insurance company about the accident and your intent to make a UM claim as soon as possible. Your policy may have notice requirements, and delays in reporting can give your insurer grounds to deny coverage.
Should I Take My Insurer’s First Settlement Offer?
In many cases, no. Once you accept a settlement and sign a release, you can’t pursue additional compensation later, even if you discover your injuries are worse than initially diagnosed or you need surgery down the road. Have an experienced UM attorney evaluate whether the offer reflects your damages.
Call a New Port Richey Uninsured Motorist Claims Lawyer
You paid for uninsured motorist coverage specifically for situations like this. When your insurance company delays, denies, or lowballs your claim, they could be violating the promise they made when they sold you the policy.
Roman Austin handles uninsured and underinsured motorist claims throughout New Port Richey, Port Richey, Trinity, Holiday, Hudson, and Pasco County. Whether you’re dealing with a hit-and-run, an uninsured driver, or an at-fault driver whose coverage falls far short of your damages, we can review your policy, explain your rights, and fight to recover the full benefits you’re owed.
Contact Roman Austin’s New Port Richey uninsured motorist claims attorney 24/7 at (727) 815-8442 for a free consultation. We handle UM/UIM claims on a contingency fee basis. You pay no attorney fees unless we recover compensation for you.