What are the statutory requirements for uninsured motorist coverage in Florida?

Although uninsured motorist coverage is not a requirement in Florida, it will protect your family from bad drivers if you are involved in a Palm Beach County car accident AND the other drive did not have any bodily injury coverage. Remember Florida law only required that drivers carry PIP insurance. And all PIP does is protect the driver himself or herself. F.S. 627.727(1) mandates that all motor vehicle insurance policies providing liability coverage contain uninsured motorist coverage, unless the coverage is rejected in writing by any insured named in the policy. Amarnick v. Automobile Insurance Co. of Hartford, Connecticut, 643 So.2d 1130 (Fla. 3d DCA 1994). This means that if you are in an accident and your own insurance sasy that you have bodily injury (commonly known as full coverage) but you have no UM, they better have a signed disclaimer from you or they are going to have to match your BI limits. It is very important that you are aware of the UM coverage on your policy when you are involved in a Palm Beach County accident because if the other driver is not insured, it provides some level of comfort if you are injured.

The UM coverage statute provides very broad protection to the injured party from the negligence of uninsured motorists. Just as important to know is that the requirement that insurance companies include UM coverage applies only with respect to policies providing primary liability insurance for "specifically insured or identified" motor vehicles. F.S. 627.727(1). If you are getting a fleet policy (e.g. for some type of business use) that does not contain a schedule of insured vehicles or for a policy providing excess coverage, then UM coverage need not be offered. Weesner v. United Services Automobile Ass'n, 711 So.2d 1192 (Fla. 5th DCA 1998). Under F.S. 627.727(2), an insurer issuing such a policy must make UM coverage up to bodily injury liability limits available at the written request of the insured. Now, you are probably wondering what happens if you, the insured, moves to Florida from another state and you had previously rejected UM coverage in an excess policy? According to F.S. 627.727(2), when an insured who previously rejected UM coverage in an excess policy issued in another state moves to Florida, the insurer must make UM coverage available to the insured if the insurer delivers a renewal policy in Florida with the knowledge that the policy covers a vehicle registered and principally garaged in Florida. Strochak v. Federal Insurance Co., 707 So.2d 727 (Fla. 1998). It is possible to purchase excess UM coverage in case you are involved in a very serious accident, however F.S. 627.727(2) limits the amount of UM coverage available in excess policies to the amount of the bodily injury limits or $1 million, whichever is less. Travelers Insurance Co. Quirk, 583 So.2d 1026 (Fla. 1991).

Be careful that your Palm Beach County accident attorney knows that insurers are authorized to offer certain limitations to basic UM coverage. The insured must make a written selection on a form approved by the Office of Insurance Regulation and the insurer then files a reduction in premium rates of at least 20%. F.S. 627.727(9). An experienced Palm Beach County accident attorney will have knowledge that these limitations include "non-stacked" (limits do not increase based on the number of cars you are insuring) coverage and certain restrictions for injuries obtained while occupying vehicles owned by an insured but not covered by the policy.