Insurance Adjusters & Settlement

What if the at-fault driver's policy isn't enough?

Attorney-Reviewed Answer
Reviewed by Jeff T. Gorman, Criminal Defense Attorney & Former 19th Circuit Prosecutor (Fla. Bar #538183). Last reviewed: September 2026
Short Answer
Look to your own underinsured motorist coverage, other applicable policies, and in some cases the driver personally.

This is common in Florida, because bodily injury liability isn't generally required and many drivers carry minimum limits.

Underinsured motorist coverage is the primary answer. It covers the gap between the at-fault driver's limits and your damages, up to your own limits. If your coverage stacks across multiple vehicles, more is available.

Other policies. Was the driver working? An employer's commercial coverage may apply. Was it someone else's vehicle? The owner's policy may apply, and Florida law can hold a vehicle owner responsible for a driver's negligence. Was there a commercial vehicle, a rideshare, or a bar that overserved?

The driver personally. Available, and usually uncollectible. Most people with minimum coverage don't have reachable assets, and bankruptcy is available to them.

Bad faith can expose an insurer beyond its limits where it refused a reasonable within-limits demand — which is why the demand is made properly and early.

Check your own UM first. That's usually where the money is. ---

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This page answers a common question for general informational purposes and is not legal advice, and no attorney-client relationship is formed by reading it. Florida law changes; while this answer is reviewed by a licensed Florida attorney, the right answer depends on the specific facts of your situation — consult an attorney. Serving Martin, St. Lucie, Palm Beach, Indian River, and Okeechobee Counties.