Orlando Underinsured & Uninsured Accident Lawyers

Being injured in a car accident caused by an uninsured or underinsured driver could leave you facing medical bills and lost income with no way to recover compensation. At Martindale Law Group, our team represents accident victims in uninsured and underinsured motorist claims throughout Central Florida. 

As experienced uninsured motorist accident attorneys, we offer free consultations, and you pay no legal fees unless we win your case.

Understanding Uninsured and Underinsured Motorist Claims in Florida

Since uninsured and underinsured motorists have little or no insurance coverage, injured victims often must pursue compensation through their own insurance policies. This can lead to disputes, delays, and low settlement offers.

Florida’s insurance laws add another layer of complexity to these claims. Insurance companies may challenge fault, downplay injuries, or argue that other policies don’t cover the accident. Having an uninsured car accident attorney on your side can help protect your claim and prevent costly mistakes.

Florida’s No-Fault Insurance System

Florida operates under a no-fault insurance system that requires drivers to carry Personal Injury Protection (PIP) and Property Damage Liability (PDL) coverage. PIP covers limited medical expenses and lost wages regardless of fault, while PDL pays for property damage you cause to others.

However, PIP does not cover pain and suffering or fully compensate victims with serious injuries. If the damages exceed PIP limits, additional compensation must come from other insurance sources or legal claims.

Optional UM/UIM Coverage

Uninsured and underinsured motorist coverage (UM/UIM) is optional in Florida, but it can be critical after a serious accident. UM/UIM coverage applies when the at-fault driver has no insurance or insufficient coverage to pay for your injuries.

Common Compensation Challenges

UM/UIM insurance claims often come with their own set of challenges. These can include:

  • Disputes with insurance companies
  • Delayed claim processing
  • Settlement offers that undervalue your injuries

The right legal representation can make all the difference. At Martindale Law Group, our uninsured car accident lawyers investigate each case thoroughly and build claims designed to withstand insurance company pushback.

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How to Protect Yourself After an Accident with an Uninsured or Underinsured Driver

If the at-fault driver lacks sufficient insurance, the steps you take after a crash can directly affect your ability to recover compensation. Acting quickly and carefully helps protect both your health and your legal rights:

1. Call 911 and Seek Medical Care

Your safety comes first. Call 911 and seek medical attention immediately, even if your injuries seem minor. Medical records provide critical documentation linking your injuries to the accident and are a must for uninsured motorist claims in Florida.

2. Collect Evidence at the Scene

If possible, gather evidence such as photos of vehicle damage, injuries, and road conditions, along with witness contact information and the police report number.

3. Notify Your Insurance Company

Report the accident promptly to your insurer if you intend to file a UM or UIM claim. Insurance companies may closely scrutinize these claims, so it is important to provide accurate information and avoid recorded statements without legal guidance.

4. Contact a Skilled Orlando Accident Lawyer

Early legal representation helps prevent delays and strengthens your claim. An experienced Orlando uninsured motorist accident attorney can evaluate your coverage, manage insurer communications, and pursue fair compensation.

car accident law

How Martindale Law Group Maximizes Your Compensation

Uninsured and underinsured motorist claims often involve aggressive insurance tactics. Our team of lawyers at Martindale Law Group uses a strategic, evidence-based approach to protect clients and pursue full compensation.

Our legal team focuses on:

  • Identifying all applicable insurance coverage
  • Negotiating directly with insurance companies
  • Preparing cases for court representation in Florida when necessary

Whether the accident involves a commercial truck or a rideshare service, we work to secure a UM/UIM settlement that reflects the true extent of your injuries and losses.

Common Scenarios Involving Uninsured or Underinsured Drivers

There can be an uninsured or underinsured motorist involved in any kind of car accident, and you need to be prepared in the event that something happens to you. Our legal team often sees these motorists in:

Hit-and-Run Accidents

If a driver flees the scene, uninsured motorist coverage often becomes the primary source of compensation. Our firm assists clients injured in hit-and-run accidents by pursuing claims through their own insurance policies.

Commercial Vehicle Accidents

Some crashes may involve drivers operating company trucks without adequate insurance. These cases may require a detailed review of business liability and insurance coverage.

Multi-Vehicle Collisions

In multi-vehicle crashes, fault may be divided among multiple drivers, including those who are uninsured or underinsured. These cases often involve multiple insurers and complex liability issues.

How Florida’s Insurance System Impacts Your Claim

Florida operates under a no-fault insurance system, which means most drivers must first rely on their own insurance after a car accident, no matter who caused the crash. 

 

Every Florida driver is required to carry Personal Injury Protection (PIP) and Property Damage Liability (PDL) coverage. PIP typically covers a portion of medical expenses and lost wages, but it is limited in scope and does not fully compensate many accident victims.

 

The state doesn’t require drivers to carry bodily injury liability insurance, which is why uninsured and underinsured motorist (UM/UIM) coverage is especially important. This additional coverage can help pay for medical bills, lost income, and non-economic damages if the at-fault driver has no insurance or insufficient coverage.

Identifying All Responsible Parties

In these types of cases, liability may extend beyond the at-fault driver. Identifying all responsible parties can significantly impact the compensation available in your case. Our experienced uninsured car accident attorneys at Martindale Law Group will evaluate every potential source of recovery under Florida civil liability laws. Liability can fall on one or more of the following parties:

The At-Fault Driver

Even if a driver lacks insurance, they may still be legally responsible for damages caused by negligence. Establishing fault is critical for both UM/UIM claims and any potential litigation.

Employers

Businesses can be held responsible for employee negligence during the scope of employment. If the at-fault driver was working at the time of the crash, their employer may be found partially liable.

Vehicle Manufacturers

In rare cases, defective vehicle components may contribute to a crash or worsen injuries. When appropriate, vehicle manufacturer liability may be investigated alongside insurance claims.

Other Involved Drivers

In multi-vehicle accidents, fault may be shared among multiple drivers. Identifying partial liability can open additional insurance coverage options for victims.

Man reviewing auto accident law documents with a gavel on the table

Legal Options When the At-Fault Driver Lacks Insurance

Suing an uninsured driver is not always practical or financially beneficial. At Martindale Law Group, we carefully evaluate all legal options before recommending litigation. Our strategy focuses on realistic recovery, not empty judgments.

Your potential options can look like:

Direct Lawsuit Against the Uninsured Driver

When appropriate, our attorneys can pursue a lawsuit by establishing negligence and documenting damages. We only consider this route if recovery is feasible and likely.

Exploring the Driver’s Financial Capacity

Before filing a lawsuit, our team analyzes the driver’s assets, income potential, and business interests to determine whether litigation makes sense. This strategic approach protects our clients from unnecessary legal expenses.

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Why Choose Martindale Law Group for Your UM/UIM Claim

Choosing the right uninsured car accident lawyer matters, especially in complex cases. At Martindale Law Group, we provide focused, client-centered representation backed by decades of combined experience.

Orlando residents choose us for legal representation because we offer: 

  • A proven track record of successful settlements
  • Personalized legal guidance from start to finish
  • No fees unless we win your case
  • 24/7 availability for accident victims

You Are Our Priority – Call Or Stop By Our Office Anytime

At Martindale Law Group, our clients are always our top priority. Whether you need help with an underinsured or uninsured accident claim or any other personal injury matter, we make sure you feel heard, supported, and informed throughout the legal process. From answering calls and emails promptly to providing clear updates, we ensure you never feel alone in navigating your case. Our team is here to guide you every step of the way with care and expertise.

Contact Martindale Law Group Today to Secure Full Compensation

If you were injured by an uninsured or underinsured driver, don’t assume you’re out of options. Get in touch with our uninsured motorist accident attorneys at Martindale Law Group for personalized representation and the justice you deserve. You don’t pay unless we win, and our initial consultation is free.

Frequently Asked Questions About Uninsured & Underinsured Motorist Claims

If the at-fault driver does not have insurance, you may still have options for recovering compensation. In many cases, you can file a claim through your own Uninsured Motorist (UM) coverage, which is designed to protect you when the other driver cannot pay.

Yes, you can sue an uninsured driver in Florida, but it isn’t always the most effective way to recover compensation. Many uninsured drivers have limited assets, which can make collecting on a lawsuit difficult, even if you win. At Martindale Law Group, we carefully evaluate every case to determine whether a lawsuit is worth pursuing and can help explore other options, such as UM coverage.

Underinsured Motorist (UIM) coverage applies when the at-fault driver has insurance, but their policy limits are too low to cover the full extent of your injuries and losses. For example, if the other driver only carries the minimum coverage and your medical bills and damages exceed that amount, your UIM coverage may help make up the difference.

A UM/UIM claim may allow you to recover compensation for a wide range of losses, including medical expenses, lost wages, pain and suffering, and future care costs.

In Florida, personal injury claims generally must be filed within two years of the date of the accident, but insurance deadlines may be shorter. The sooner you speak with an attorney, the better your chances of protecting your rights and preserving key evidence.

Your coverage depends on your policy limits and the severity of your injuries. Our team can go over your insurance policies and determine what they should cover.

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