Florida has a serious issue with uninsured and unlicensed drivers.
According to recent data, about 15.9% of Florida drivers had no auto insurance in 2002 (per the Insurance Research Council (IRC) and Insurance Information Institute.) Other estimates put the uninsured rate even higher—around 20.4%. On top of that, nearly 40% of Florida drivers are underinsured (having coverage but not enough to cover all costs in more serious crashes). So that means roughly one in five or more drivers in Florida either have no insurance or insufficient insurance. That has ripple effects for everyone on the road.
How These Drivers Affect Insurance Premiums & Costs for Others
Higher Premiums Across the Board: Because uninsured or underinsured drivers often can’t pay for damages or liability when they cause accidents, insured drivers and their insurers absorb many of those costs. Insurers then spread that risk by charging higher premiums for all policyholders. In essence, everyone “picks up slack” when the other driver doesn’t carry enough (or any) insurance.
More Claims via Your Own Policy: You may need to rely on your uninsured (or underinsured) motorist (UM / UIM) coverage if the at-fault driver doesn’t have sufficient insurance. If you don’t carry that kind of coverage, you may be on the hook for medical expenses, vehicle repair bills, etc., yourself. Many Floridians skip or underfund this coverage, which increases risk.
Out-of-Pocket Expenses & Risks: When you get hit by an uninsured driver, even if the other driver is clearly at fault, you may have to pay your deductible, cover medical or repair costs that exceed your policy limits, or face delays in recovering money via civil court.
Legal & Administrative Costs: Dealing with uninsured drivers involves more legal work—filing lawsuits, court proceedings, possibly difficulties in locating or holding them responsible. That drives up costs for insured parties and increases the administrative burden on insurance companies. These costs end up being factored into premiums.
Unlicensed Drivers: An Additional Layer of Risk
Drivers without a valid driver’s license present their own complications:
Legality & Penalties: Driving without a license is illegal in Florida. If caught, the driver can face fines, possibly jail time, and their vehicle may be impounded.
Insurance Coverage Issues: If you are in a crash caused by an unlicensed driver, the legal exposure and insurance outcome gets more complex. The unlicensed driver may have no valid insurance (or insurance might deny the claim if policy conditions are violated). Sometimes the owner of the vehicle (if it isn’t themselves) could be sued under principles like negligent entrustment, depending on whether they knowingly allowed an unlicensed driver to operate the vehicle.
Your Rights & What You Can Do
If you are a victim in a crash with an uninsured or unlicensed driver, here are some protections (as well as your legal rights.)
Uninsured Motorist Coverage: Having UM / UIM coverage is extremely useful in Florida. This coverage may reimburse you for injuries (or damages) when the at‑fault driver has no insurance, insufficient insurance, or in hit‑and‑run situations. It’s optional in Florida, but many experts insist it’s essential given the high rates of uninsured and underinsured drivers.
Personal Injury Protection (PIP): Florida is a “no‑fault” state for many auto accidents, meaning your own PIP coverage handles your medical expenses up to a limit (for example, $10,000) regardless of who causes the crash. But PIP often won’t cover everything (pain & suffering, some excess medical costs, lost wages beyond certain thresholds).
Civil Lawsuit: If the at‑fault driver is uninsured (or underinsured) or unlicensed, and you’ve incurred losses beyond what your own insurance covers, you may be able to sue them personally for damages—medical expenses, lost wages, pain & suffering, property damage. However, success depends on being able to locate them, establish fault, and determine whether they have assets worth collecting from.
Reporting and Penalties: Florida law allows for penalties: driving without insurance can result in license suspension, registration suspension, fines, and reinstatement fees. A first offense may lead to certain penalties; repeated offenses lead to more severe ones.
Insurance Company Action: Even in cases involving unlicensed drivers, your insurer may step in (depending on policy terms) if the claim is valid. Sometimes a vehicle owner’s insurance might cover, especially where permissive use is involved, though coverage can be denied if policy terms are violated (e.g., if the owner knew about the unlicensed driver yet allowed them to drive).
Review Your Rights When Injured by Uninsured or Unlicensed Drivers
Florida has a high proportion of uninsured and underinsured drivers — estimates range from ~16% to over 20%. This increases risk and cost for everyone. Even if you obey all laws and have adequate insurance, you may still bear financial burdens if involved with an uninsured or unlicensed driver.
If you have exhausted all of your options and still need relief, call Probinksy & Cole today. We are happy to review your situation and advise if you have a case.
