What Happens When You Reject Uninsured Motorist Coverage?

Where an applicant for automobile insurance rejects UM/UIM coverage and the insurance company receives the application in such form, the insured cannot recover under those coverages that were not included in the policy. By statute, the insured’s initial rejection or reduction of UM/UIM coverage is usually effective for subsequent policy renewals, replacements, or substitutions unless the insured requests UM/UIM coverage from the insurer in writing. A number of courts require the insurer to make a new, meaningful offer of UM/UIM coverage or obtain a new rejection of coverage from the insured when the renewal, replacement, or substitution policy is materially different from the policy originally issued. To be valid, an uninsured motorist (UM) rejection form must: (1) be approved by the Florida Insurance Commissioner; (2) explain what uninsured motorist coverage is; (3) discuss the limits that are applicable unless coverage is rejected; and (4) include the disclaimer as a heading on the form in 12-point bold. Courts require insurers to make a new offer of coverage or obtain a new rejection of coverage when a policy is issued by a different insurer or there is a change in bodily injury liability limits in an existing policy. Sometimes, courts deem the addition or substitution of a new vehicle to an existing policy as materially altering the policy and require a new offer from an insurer. If the insurance company fails to make a new offer when required, courts grant coverage equal to what the insurer should have offered.

As a personal injury attorney in South Florida, I have had countless experiences in which potential clients and even close friends have advised me that they are unsure whether or not they have Uninsured/Underinsured Motorists Coverage under their auto insurance policy. Frequently, clients are not even sure what this coverage is applicable to their case. Under Florida law, you must be offered UM coverage by your auto insurance provider and either accept the coverage or specifically reject it in writing. Therefore, many people are rejecting UM coverage without understanding what it is and how it can benefit them, in order to minimally reduce their premium payments for auto insurance. In Florida, under most circumstances, a person injured in an auto accident must first utilize their No-Fault Personal Injury Protection Coverage under their own auto insurance policy, for payment of their medical bills and lost wages. However, this minimal coverage can be exhausted in the emergency room on the day of an accident or early on in the treatment period if injuries are severe. Once the PIP coverage is exhausted, the party who was injured must determine whether the at-fault party responsible for the accident has bodily injury liability coverage to pay for the injuries and damages caused by the accident. Sadly, the law in Florida does not require insureds to obtain and pay for bodily injury liability coverage under their auto policy. Research shows that Florida ranks second in the nation for the number of drivers who are uninsured or underinsured. In Florida, there is approximately a 1 in 5 chance that the at-fault driver is uninsured. If the atfault driver does have insurance, more often than not it is minimal coverage resulting in the driver being underinsured. In the event you or your passengers are injured in a motor vehicle accident caused by the negligence of another who does not have insurance coverage or is underinsured, Uninsured or underinsured motorist coverage can cover medical expenses and lost wages not fully paid by your no-fault coverage. Your UM coverage may also cover future medical expenses and wage losses, as well as noneconomic damages such as disability, pain and suffering, and the loss of ability to enjoy life.

What Happens When You Reject Uninsured Motorist Coverage?

Injured parties who reject uninsured or underinsured motorist coverage under their own policies, are often left with little to no compensation for their severe injuries and damages as a result of the negligence of an uninsured driver. Florida drivers must understand that the statistics are not in their favor when it comes to the likelihood of an at-fault driver in an accident having bodily injury liability coverage. UM coverage is an affordable coverage that should be considered one of the most important coverages under your own policy.

Contact an Experienced Personal Injury Attorney Today!

When you’re involved in a motor vehicle accident, talk to a car accident attorney about your options going forward. There is no replacement for quality legal advice after being involved in a car accident. The car accident attorneys at Suarez and Montero would love to have an opportunity to explain the law in Florida to assist you in presenting a strong claim against the at fault party. Every firm is distinctive and auto accident victims have needs that are also distinct. needs are different. The Florida auto accident attorneys at Suarez & Montero encourage you to reach out so that we can explain more about the different ways that our law firm and attorneys can provide legal help and guidance after an auto accident. Make an appointment with us at one of our many locations. Remember, we work on a contingency basis so you will owe us nothing If we are unable to obtain successful results for your case. The attorneys at Suarez & Montero can meet with you to discuss further. always available to talk with you and answer your questions. Our skillful attorneys are genuinely committed to our clients. We will fight to make sure that you get the maximum amount of compensation owed to you. Let us help you get the medical care you need and fight to make sure you are compensated for your injuries! Our attorneys are ready to provide proven legal representation in pursuing your claim and stand ready to protect your rights. We are available 24/7 to give you a free, no risk case consultation.

We serve clients throughout Florida including those in the following areas:

Miami-Dade: Aventura, Coral Gables, Doral, Fontainebleau, Hialeah, Homestead, Kendall, Miami, Miami Beach, Miami Lakes, North Miami, Tamiami, and Westchester.

Broward: Fort Lauderdale, Hallandale Beach, Hollywood, Pembroke Pines, and Weston; and Palm Beach County including Boca Raton, Lake Worth, and West Palm Beach.

The Law Offices of Suarez & Montero Car Accident Attorneys represents accident victims injured in various types of accidents including:

• Distracted Driving Accident Lawyers

•Drunk Driving Accidents

• T-Bone Car Accidents

• Road Rage Car Accidents

• Head-on Collisions

• Rollover Accidents

• Rear-end Car Accidents

• Left Turn Accidents

• Failure to Yield Car Accidents

• Sideswipe Accidents

• Merging Accidents

• Lane Change Accidents

• Construction Zone Car Accidents

• Truck Accidents

• Semi-Truck Accidents

• Bicycle Accidents

• Train Accidents

• Pedestrian Accidents

• Boating Accidents