Uninsured and Underinsured Motorists in Pensacola

When the Other Driver Had No Insurance (or Not Enough), Your Own Policy May Be the Most Obvious Answer

If an uninsured or underinsured driver hit you in Pensacola, you can file a claim through your own UM/UIM coverage. You might also have legal options, and we will help you identify every path to a fair financial recovery. Emmanuel Sheppard & Condon represents Pensacola auto accident victims in these claims, including cases where your own insurer is the one pushing back.

Many accident victims don’t realize that Florida does not require drivers to carry bodily injury liability insurance. The state mandates only $10,000 in Personal Injury Protection (PIP) and $10,000 in property damage liability. The coverage that would actually pay for your injuries, bodily injury liability (BIL), is entirely optional for the driver who hit you.

This glaring hole in Florida’s mandatory auto insurance coverage means that many drivers throughout Pensacola are “underinsured.” Some are even totally lacking insurance, placing victims of their accidents at even greater financial risk.

If you or a loved one was in an accident with an underinsured or uninsured motorist in Pensacola, call Emmanuel Sheppard & Condon’s Pensacola office today at (850) 433-6581 for a free case review.

Pensacola’s Roads: An Environment Where Collisions Involving Uninsured and Underinsured Are Inevitable

Those who live in or travel through Pensacola regularly might recognize several accident hazards native to this waterfront city. Three particular conditions in Pensacola that expose motorists to accidents (and the threat of uninsured and underinsured motorists) are:

• Military transitions to or from NAS Pensacola: This installation cycles thousands of service members through the region every year. Personnel arriving from other states often carry coverage registered elsewhere, or hit brief gaps during a Permanent Change of Station (PCS) move. A meaningful share of drivers on local roads at any given time are operating with out-of-state or transitional coverage that may not reflect what a Florida injury claim actually costs. Even military members with Florida coverage can be underinsured.
• Tourist traffic on US-98 and the beach corridor. During peak tourist season, the Three-Mile Bridge and the road to Pensacola Beach experience heavy traffic that strains infrastructure and poses an imminent risk of accidents. Visitors from Alabama, Mississippi, Georgia, and beyond arrive in rental cars and personal vehicles. Out-of-state visitors and local drivers inevitably cause accidents. Too often, the at-fault driver has inadequate coverage for their victim’s injuries and damages.
• Stretches of packed, confusing roadways: As an artery of interstate travel, Pensacola has several areas where motorists traveling in high volumes and at high speeds come into close proximity. At some stretches, motorists must make complex decisions and maneuvers to reach their exit. These areas are known to have comparatively high accident rates.

If you drive regularly on Davis Highway, Nine Mile Road, Cervantes Street, or I-10, sharing the road with underinsured drivers isn’t a remote possibility. You have shared the road with them many times, but you probably didn’t realize it until one of them collided with your vehicle.

UM/UIM coverage is your primary protection against the financial threat these motorists pose. Emmanuel Sheppard & Condon, headquartered in downtown Pensacola (at 30 S. Spring Street), has handled many claims for many clients who need fair compensation regardless of the at-fault motorist’s less-than-adequate insurance coverage. Our attorneys know how UM/UIM disputes play out in Escambia County, including how local insurers approach claims filed in this jurisdiction. Let us fight for you.

What Does UM/UIM Coverage in Florida Actually Cover?

UM/UIM coverage may pay for some or all of a victim’s medical bills, lost income, future care, and pain and suffering. While PIP coverage is the first resort for most accident victims, UM/UIM coverage is a critical safety net for losses that exceed PIP limits or fall within the gaps inherent in PIP coverage.

PIP covers 80 percent of medical expenses and 60 percent of lost income, up to $10,000 total. Serious accidents, including those that prove catastrophic, almost always cost well beyond $10,000. When we represent victims of such accidents, we often turn to their UM/UIM coverage to cover the damages that PIP coverage does not.

Here is a concise checklist of the types of losses UM/UIM coverage may provide you compensation for:

• Medical expenses beyond your PIP limits, including for long-term care
• The 20 percent of medical costs that PIP does not cover
• All of your lost income (as opposed to the 60 percent of lost income that PIP coverage accounts for)
• Lost earning power
• Permanent disability
• Pain and suffering (when injuries meet Florida’s serious injury threshold)

Here are a couple of key distinctions about UM and UIM coverage, which are often discussed in the same breath but function independently:

• Uninsured motorist (UM) coverage applies when the at-fault driver has no bodily injury liability insurance, or when it’s a hit-and-run accident and the driver is never identified
• Underinsured motorist (UIM) coverage applies when the at-fault driver has some insurance coverage, but not enough to cover the victim’s damages. If their policy limit is $25,000 and your damages are $150,000, your UIM coverage bridges that gap (up to your own policy limits)

Under Florida law, your UM/UIM policy can apply when you’re a passenger in someone else’s vehicle, a pedestrian struck by an uninsured driver, or a cyclist hit by a driver with insufficient coverage. While we call it auto insurance, UM/UIM coverage functions as human insurance that follows you beyond the confines of your own vehicle.

It’s Your Insurer, But Is It Really? Be Prepared to Fight for UM/UIM Coverage Benefits.

When you file a UM/UIM claim, you are filing a claim with your own insurance company. It’s “your” insurance company, but not really. That company has the same financial incentive to minimize your payout as any other insurer would, and it may use tactics that seem surprisingly cold, especially in contrast to the warmth of the Pensacola sun.

Some tactics our Pensacola UM/UIM accident attorneys encounter (even from clients’ “own” insurance providers) are:

• Downplaying the severity of your injuries
• Disputing the connection between the collision and the particular injuries you are seeking compensation for
• Intentionally undervaluing (or refuting the necessity of) future medical services
• Misrepresenting coverages, policy limits, or other features of your UM/UIM coverage
• Applying negotiating tactics such as delaying, lowballing, and walking away from settlement discussions

Like careless motorists eventually causing a collision, these kinds of insurance tactics are foreseeable. You can protect yourself from such foreseeable hazards by engaging Emmanuel Sheppard & Condon right away.

Our Pensacola attorneys have handled UM/UIM claims across a wide range of fact patterns: disputes where insurers denied causation outright, cases where adjusters undervalued future care, and negotiations where lowball offers were reversed after we presented a full damages analysis. We also enter negotiations with a strong understanding of a particular client’s accident circumstances and policy, so we always feel that we’re negotiating from a strong position.

Steps You Can Take to Protect Your UM/UIM Claim Now

Here are the most important steps to take right now to protect your UM/UIM claim. Acting promptly matters because your policy may contain its own notice deadlines that are shorter than the statutory limit for a lawsuit. Now is the time to take action on your claim. The action you should take depends on where you currently stand.

What to do in the days after your Pensacola auto accident:

• Seek medical attention promptly, as gaps between the crash and treatment are a common basis for insurers to dispute causation
• Notify your insurer of the crash, but do not give a recorded statement before speaking with an attorney from Emmanuel Sheppard & Condon
• Document your financial losses, including any medical bills, pay stubs, and receipts for out-of-pocket expenses
• Keep a journal of injury symptoms, as well as the details of your pain and suffering

You should also refrain from signing anything from the insurance company until you have:

• Contacted Emmanuel Sheppard & Condon about the accident, your claim, and other relevant topics
• Seen a comprehensive evaluation of all accident-related damages (we will provide that)
• Truly comprehended that UM/UIM settlements are typically final, and once signed, the claim is likely closed permanently

Get our Pensacola attorneys’ assessment of whether what’s being offered reflects what your claim is actually worth. Also, allow us to negotiate the full value of your claim, as even your own insurance company is likely to push back against even fair, reasonable demands.

Some Frequently Asked Questions Our Attorneys Hear from Victims of Underinsured Motorists

Even if you know the roads of Pensacola like the back of your hand, the process of seeking compensation may feel foreign. We expect that you have questions, and those questions might include:

Do I need a lawyer for a UM/UIM claim in Pensacola?

You’re not required to have one, but you should recognize the value of our lawyers. The attorneys at Emmanuel Sheppard & Condon regularly handle UM/UIM claims. Remember that leading such claims is our job. We know what a fair result means for each client we represent, and we fight to secure such results day in and day out.

When you engage us, you get legal services. You also get an advisor you can trust, resources you can rely on, and peace of mind knowing we will lead your case from start to finish.

The other driver had some insurance. Can I still use my UIM coverage?

Yes. UIM coverage applies when the other driver’s policy limits are too low to cover your full damages. We will likely pursue compensation from the at-fault driver’s policy first. Then, we will seek appropriate compensation through your UIM coverage.

Can I file a UM claim after a hit-and-run in Pensacola?

Florida treats hit-and-run accidents as uninsured motorist situations. As such, your UM coverage can (and perhaps will) apply.

Some auto insurance policies include a physical contact requirement. This means the unidentified vehicle must have made actual contact with yours in order for you to receive compensation. Emmanuel Sheppard & Condon can review your policy language, explain your coverage, and fight for the compensation you are entitled to.

How long do I have to file a UM/UIM claim in Florida?

Florida’s personal injury statute of limitations applies, and your own policy may contain shorter internal notice deadlines. You may have no more than two years from the date of the accident to sue, but that may just be one deadline you need to beat.

Can I stack UM/UIM coverage from multiple policies in Florida?

Florida permits UM/UIM stacking in some situations. If you have multiple vehicles on the same policy or separate policies covering different vehicles, you can combine their coverage limits to increase the total amount available for your claim. Anti-stacking clauses in some policies can restrict this, so reviewing your policy language is important. Emmanuel Sheppard & Condon can evaluate whether stacking applies to your situation and how to pursue it.

What does it cost to hire Emmanuel Sheppard & Condon for a UM/UIM claim?

We handle Pensacola auto accident cases on a contingency basis. This means you face no attorneys’ fees unless there is a recovery, and the recovery will likely cover the value of our services.

Why Pensacola Clients Bring Their UM/UIM Claims to Emmanuel Sheppard & Condon (and You Should Too)

Emmanuel Sheppard & Condon has represented Pensacola clients in personal injury and insurance disputes from the same downtown office for over a century. Our longevity in Pensacola is not a sign of complacency. We are fighters who feel obligated to secure fair compensation for each auto accident victim we represent.

We are the firm to contact after any collision in Pensacola because:

• Our primary office is headquartered at 30 S. Spring Street in Pensacola
• Our firm consists of multiple attorneys board-certified through The Florida Bar’s certification program, a designation held by fewer than 3 percent of Florida lawyers
• Attorney Patrick Emmanuel has served as President of The Florida Bar, while Attorney Alan Bookman served as President of The Florida Bar, showing how our firm is totally committed to achieving excellence in our field (and passing the benefits to clients like you)
• We offer more than a century of continuous practice in Pensacola and the Gulf Coast

Our firm has a proven legacy, but you will never feel intimidated as a client at our firm. We never forget that this is your case. We are your advocates. Our team will handle the claims process and any necessary lawsuits, but we put immense value on our clients’ feedback and insights.

Take the step you know you should take to protect yourself and your loved ones’ best interests. If you’ve suffered an injury by an uninsured or underinsured driver in Pensacola, call Emmanuel Sheppard & Condon’s Pensacola office today at (850) 433-6581 to set up your free case review.