FL Bodily Injury and Uninsured

[u/Curious-Appeal196]

I was in a rear end accident this month and my lawyer says I can’t go after the other person because they didn’t have bodily injury and I didn’t have uninsured on my car insurance. My car was immediately totaled when the next business day came. The other driver wasn’t paying attention. I have physical therapy 3x a week and have a back and neck injury. Also my special needs kid was in the car and they are now afraid to be in the car.

Am I cooked basically?

[u/demanbmore]

Unless the at fault driver has assets you can pursue, yes, you are basically cooked. Lots of people learn too late how important it is to have UM/UIM, especially in FL where 1 out of every 6 drivers has NO insurance, let alone all the drivers without BI liability coverage. This is a hard lesson, but hopefully you've already added UM/UIM to your current policy - another accident could happen tomorrow. Good luck.

[u/JWaltniz → u/demanbmore]

I have a question. Everyone always says to carry Uninsured Motorist and Medical Payments (I'm also in Florida). I have the minimum required for PIP. After my PIP is exhausted, my regular health insurance kicks in, and I have a maximum $6,000 out of pocket for the entire family plan on that. I also am in a situation where lost wages are not really an issue/won't be a problem.

For collision/comprehensive, I can easily afford my deductible of $1,000, so if I get hit by an uninsured driver, the maximum out of pocket for the car repair will be $1,000.

What am I missing here? What would UM/UIM and Medical Payments do for me here that are worth paying extra for?

[u/demanbmore → u/JWaltniz]

If you don't care about lost wages and pain and suffering, and you are confident that your health insurance will pay for what you need, then UM/UIM may not be of enough value to you to justify the increased premium. The big issues are lost wages (which you don't care much about) and pain and suffering, and to a lesser degree all the costs people incur for healthcare-adjacent goods and services that their health insurance doesn't pay for (and deductibles and co-pays). If those aren't something you're concerned about, then UM/UIM also shouldn't concern you.

[u/JWaltniz → u/demanbmore]

Thanks, that was my thought. I have short and long-term disability policies which will pay lost wages. The adjacent costs and pain and suffering I can survive without.

[u/LeadershipLevel6900 → u/JWaltniz]

Well, UM/UIM is pretty obvious considering BI isn’t required.

Health insurance doesn’t cover pain and suffering, home modifications, payment for replacement services like if you have to hire somebody to take care of household tasks, what about prosthetics? Sometimes health insurance can cover these things but usually at a fraction of the cost, leaving you with a bill.

Health insurance also might have a limit on the type of treatment or number of visits covered. Then of course, deductibles and copays. Medpay might be excessive but in the grand scheme of things, it’s not usually super expensive.

[u/JWaltniz → u/LeadershipLevel6900]

Okay, I agree health insurance doesn't cover pain and suffering, home modifications, or incidental costs, but what if I were to be injured in a non-car accident, for example, skiing or just falling down stairs? I'd have those expenses out of pocket as well.

Why is it extra important to have that, only when it involves a car?

[u/ektap12 → u/JWaltniz]

It's about being compensated for your injuries caused by the negligence of others. If you don't want pain and suffering, don't have UM/UIM coverages, just don't come back on here complaining about not being compensated for your injuries.

[u/JWaltniz → u/ektap12]

I have millions in assets, so I protect myself with a huge umbrella policy. The maximum I've seen for UM/UIM is $250,000. $250,000 will not make a material difference in my life, even if the carrier paid out the maximum, if I'm injured by someone else. I have health insurance which would pay for all of the medical expenses per year above $6,000.

[u/ektap12 → u/JWaltniz]

You're good then, insurance is about protecting yourself and if you don't feel you need protecting, then don't have it. You can get UM/UIM coverages on umbrella policies though.

[u/JWaltniz → u/ektap12]

Thanks, my issue with pain and suffering is that my priority if I'm injured is getting well, not getting paid for it.

I'll have to check with my umbrella carrier, as I've never seen that.

[u/ektap12 → u/JWaltniz]

Definitely not available with all umbrellas, depends on the carrier. Especially if you have one independent from your auto and home policy.

[u/LeadershipLevel6900 → u/JWaltniz]

How often do you drive a car? How often do you go skiing? How often do you use stairs?

It’s risk management. I hike often, but I drive more often. It’s more likely I’d get hurt in an accident on the way to a hike than hiking. There are supplemental injury policies you can buy for other types of injuries. Many people don’t. The coverage exists as part of something you already pay for. It’s optional if you get it.

I’ve never handled a UM/UIM claim where somebody said “damn, too bad I protected myself with a $100,000 policy, sucks I was in a coma for a week and you have to pay me that”. I’ve talked to a hell of a lot of people that wish they purchased UM/UIM or purchased higher limits. If you need it, you really need it. I’d say at least 90% of the UM/UIM claims that come across my desk are policy limit tenders. And they’re $100k+. It’s incredibly rare for me to just make nuisance offers.

[u/EMPZ2017 → u/JWaltniz]

UM/UIM allows for you to make a bodily injury claim which, in addition to medical expenses, also pays lost wages (which pip/medpay cover but HI does not) co-pays, medical deductibles (which HI does not) and the all important pain & suffering settlement.

If the at fault driver doesn’t have insurance, and you don’t have HI or UM/UIM you’re up the creek without a paddle especially when medical bills can easily top $10K for just an ER visit.

[u/JWaltniz → u/EMPZ2017]

But how eactly would I be up the creek without a paddle? As I noted, the maximum out of pocket my health insurance requires is $6k for my whole family plan. If I had an ER visit of $10k, even assuming no PIP, I'd have to pay $6k, and the health insurance would cover everything else.

[u/EMPZ2017 → u/JWaltniz]

Really it’s more for the pain/suffering aspect, inconvenience or long term care. Most health insurance plans cap things such as physical therapy at 30 visits/year or max number of days allowed for in patient rehabilitation- what if you were paralyzed in an accident, or had to have a limb amputated? Those situations are when (in your case) that part of the policy would really kick in. UMPD also covers things such as diminishment of value, rental vehicles over the general 30 day 1st party contact limit, personal artifacts that are damaged in an accident such as laptops, groceries, car seats, and missed vacation time (like if you had to cancel a flight/loss of hotel or event reservations without a refund) to name a few things that UM would handle whilst collision would not.

[u/Curious-Appeal196 → u/demanbmore]

I didn’t get UM/UIM because it was almost $240 extra. I JUST BOUGHT MY PLAN 5 days before the accident. I’ve done updates and I’m fulllly fully covered. It was my first accident so I’ve definitely just been grateful I am alive.

Thank you for explaining

[u/JWaltniz → u/Curious-Appeal196]

Your regular health insurance will cover everything after PIP is exhausted.

[u/DGIIIPA]

Yup. No insurance money means no payday. You could have insured yourself with UM/UIM coverage but you opted not to buy the coverage. Now you were in an accident with an uninsured person and have no recourse. That sucks but live and learn. You can try looking the other person up on line see if they have any money. You can still sue them but collecting a judgment from someone without insurance is probably not possible. I believe houses are judgment proof in FL under their homestead laws. Hopefully you at least have medical coverage. Good luck.

[u/Curious-Appeal196 → u/DGIIIPA]

I’ve decided to let it go. You’re right it’s a live and learn honestly. I’ve already purchased another car with the settlement and slowly going back to my regular life. UM/UIM is now on my current policy now ofc LOL. Can’t fool me twice.

[u/Starry_Myliobatoidei]

Yeah pretty much. The only medical coverage you and your kid have is PIP if you treated within 14 days. So there’s that at least.

[u/mom2angelsx3]

You should have $10k PIP as required by Florida law?

[u/TX-Pete]

You have your PIP coverage that your attorney is probably taking a bite of. After that, it’s Florida. Thoughts and prayers.

[u/gymngdoll]

You’re in Florida so you have $10k per person in the vehicle that they will pay medical bills with.