Can I Sue An Uninsured Driver In FL?

Sorry to hear about the accident. If you have uninsured motorist coverage, you should consider filing a claim with your own car insurance company if you were hurt or have out of pocket expenses. They can pursue subrogation against the at-fault person to get their money back if they wish. If you do not have uninsured motorist coverage available, you may still be able to sue them. Collecting a judgment is a different question, but it is possible you can sue them and obtain a judgment if they were at-fault and you sustained damages.

The answer is yes you can, but the real question is whether it will be worth your time. An uninsured driver likely does not possess significant personal assets. If they did, then they probably would have insurance. So in theory, you can still sue the uninsured driver and get a large $1,000,000 verdict, but in all likelihood you will never collect that money. It will only be a judgment "on paper." Now, it is possible that the uninsured driver does have significant assets, and a lawyer could help you verify whether or not that is the case. But if the lawyer confirms that the uninsured driver does not have assets, the lawyer will likely not take the case because the lawyer will know the likelihood of getting you compensation (and therefore getting compensation for the lawyer too) is low. The fact that there are so many uninsured drivers in Florida is the reason why having UM (uninsured/underinsured) insurance is so important. If you have UM insurance at the time an uninsured driver causes an accident, then your own UM insurance would cover your damages.

The answer is technically yes; however, pursuing the claim may not be worthwhile unless the defendant has significant assets.

Even if we obtain a judgment in your favor, there is no guarantee that we will be able to collect the amount awarded. A judgment establishes the defendant’s legal obligation to pay, but actually recovering those funds depends largely on whether the defendant has assets or income that can be reached to satisfy the judgment.