I get this one a lot from clients:
“I was just rear-ended by this guy who had a DUI on his record. How is he allowed to drive without adequate insurance?”
It’s a fair question. And if you’ve been injured in an accident, the last thing you want to hear is about the degenerate who injured you is, “Sorry, the other side didn’t have enough insurance to pay for your damages.” But if the at-fault driver has a DUI or a history of wrecks on his or her record, you might have more recourse than you think.
Let’s sort that out in a way that actually does make sense—and gets around to the point.
What Is Bodily Injury (BI) Liability Coverage?
Bodily Injury coverage pays for someone else’s injuries if you’re the one at fault in an accident. It covers:
- Emergency treatment
- Medical bills recurring
- Lost income
- Pain and suffering
- Funeral expenses, if the wreck is fatal
Most states mandate BI coverage. But not Florida. At least, not by default.
Florida Minimum Insurance Requirements
Florida drivers are only required to have:
- $10,000 of Personal Injury Protection (PIP)
- $10,000 of Property Damage Liability (PDL)
That’s all.
PIP pays for the driver’s own injuries. PDL pays for damage to other individuals’ vehicles or property. There is no requirement for Bodily Injury Liability coverage at the state level unless the driver is a member of a special class.
And that’s where things like accidents and DUIs on your history become a factor.
When Florida Law Does Require BI Coverage
There are specific situations where the state does step in and say: “You need to carry BI insurance, or you’re not getting back on the road.” Here are the most common:
1. DUI Convictions
If someone has been convicted of Driving Under the Influence, they are required by Florida law to carry higher insurance limits for at least three years after reinstating their license.
These motorists must maintain:
- $100,000 of BI per person
- $300,000 per accident
- $50,000 in PDL
This is FR-44 coverage, and it’s required. It’s filed with the state directly by the insurer as evidence that the motorist is fiscally responsible. When the motorist cancels the policy or allows it to lapse, his or her license is suspended again.
If you’re hit by someone who has a history of DUI, you can bet they were required to carry this higher coverage. And if they hadn’t? That’s the entry to legal consequence, for the driver and for their insurer alike.
2. Being Involved in a Car Accident While Uninsured
If the driver has an accident that injures another person, and he or she wasn’t driving with BI coverage at the time of the accident, the state can compel him or her to purchase it to reinstate their license.
It is administered under Florida’s Financial Responsibility Law. In order for the driver to reinstate their driving privilege, the driver usually must:
- Pay for the damages they caused (or set up a payment plan)
- Purchase BI coverage
- Submit an SR-22 stating that they carry the required insurance
This is for repeat offenders or heavy accidents involving low coverage
3. Repeat Offenders or High-Risk Drivers
Florida will also consider drivers with repeated offenses, which include:
- Various accidents
- Driving under an invalid license
- Reckless driving
- Suspension of licenses
Once they are established, these drivers can be required to present proof of future financial responsibility—usually by an SR-22 or FR-44 filing—and purchase BI coverage even if it is not required of consumers in general.
It’s not always automatic, but yes, it happens. And if the driver was subject to one of those mandates and failed to do so, their license wasn’t supposed to be valid in the first place.
What If the At-Fault Driver Wasn’t Insured by BI?
Here’s where you become frustrated.
Just because an individual was mandated to carry BI doesn’t automatically mean they did. Individuals let policies lapse. They misrepresent applications. Or they change companies and don’t disclose that DUI conviction from two years ago.
So what do you do?
If the at-fault driver wasn’t insured by BI when they legally had to be:
- You can sue the driver separately
- You can sue the insurance company if they wrote a policy without verifying for the required FR-44 or SR-22
- You can claim bad faith if the insurer is not acting rightly
- Your own uninsured/underinsured motorist coverage (UM/UIM) will protect you—if you carry it
How Do You Know If They Were Required to Carry BI?
This usually isn’t something that shows up on a crash report. You’ll need to dig.
That means pulling:
- Driving records from the DMV
- Prior court records (for DUIs or crash-related lawsuits)
- Insurance policy declarations
- FR-44 or SR-22 filings
That is the very reason why you require an experienced accident attorney after an accident. Insurers never by default disclose information of this nature. They are relying on you not knowing to ask. I have had instances where the insurer had issued a driver a minimum policy, when in fact a DUI conviction would entail extra coverage. That is their fault—and we use that to your advantage.
A Real Example
I had a case where my client was rear-ended at an intersection. No problem—until we ran a background check on the guy who rear-ended him and found a prior DUI. He was supposed to carry a $100k/$300k BI policy. He didn’t.
It happened that his insurance provider had allowed him to cancel his policy without verifying the FR-44 requirement. That was their mistake. We filed a claim for the full extent of our client’s injury—and they paid.
That’s the kind of mistake we look for. And we find them more often than you might think.
Bottom Line
A Florida DUI driver, for instance, or anyone who has a history of having had a major accident, or anyone who has had a history of reckless driving may be required to carry BI coverage—though not for everyone else.
If you’ve been injured in a crash and believe the at-fault driver has a history like this, don’t assume that when they say “there’s no coverage,” you’re out of luck. That might not be the case. And if what they’re doing is illegal—or their insurance company was being negligent—then you should have your recourse.
Talk to an Attorney Who Knows Where to Look
I’ve represented over 20 years of victims of accidents in South Florida. If you were struck by a person with a DUI, no insurance, or questionable driving history, call my office. We’ll determine what coverage they were required to have—and how to make them pay if they didn’t obey the law.
If you’ve been injured in an accident, call Jaime “Mr. 786Abogado” Suarez today to Get You Paid!
Talk to an Attorney Who Knows Where to Look
I’ve represented over 20 years of victims of accidents in South Florida. If you were struck by a person with a DUI, no insurance, or questionable driving history, call my office. We’ll determine what coverage they were required to have—and how to make them pay if they didn’t obey the law.
If you’ve been injured in an accident, call Jaime “Mr. 786Abogado” Suarez today to Get You Paid!
