South Florida Personal Injury Lawyers Blog
A recent decision by Florida’s appellate court sheds light on important issues surrounding uninsured motorist (UM) coverage and the responsibilities of insurance companies when policies are updated or expanded. The case involved whether a newly insured party added to an existing policy was entitled to UM coverage despite the original policyholder’s prior rejection. While the trial court initially ruled in favor of the new insured, the appellate court reversed this decision, clarifying how UM coverage is handled under Florida law.
In Florida, auto insurance policies must include UM coverage unless the named insured explicitly rejects it in writing. This coverage protects individuals involved in accidents with uninsured or underinsured drivers. Understanding when and how UM coverage applies, particularly when new individuals are added to a policy, is critical for drivers seeking compensation after a collision.
Uninsured Motorist Coverage and Policy Changes in Florida
In this Florida case, the dispute arose after a new spouse was added as a named insured to an existing auto insurance policy. The insurance company had not provided the newly added insured a new UM Selection/Rejection Form, leading to a lawsuit. The trial court ruled that the new insured should have been offered the opportunity to accept or reject UM coverage. However, the appellate court disagreed, stating that the original named insured’s rejection of UM coverage applied to all subsequent policy changes, including adding a new insured.
Under Florida law, when a named insured rejects UM coverage, that decision applies to all other individuals covered under the policy unless a significant change triggers the requirement for a new UM Selection/Rejection Form. However, adding a new insured or vehicle does not necessarily constitute such a change. The initial rejection remains for renewals and modifications unless the named insured requests a different coverage option and pays the associated premiums.
In addition, the court highlighted that Florida law protects insurance companies from having to repeatedly offer UM coverage after it has been knowingly and voluntarily rejected by the named insured. This means that when a new individual, such as a spouse, is added to an existing policy, the insurer is not required to issue a new selection or rejection form unless the named insured specifically requests a change in the coverage. This helps avoid unnecessary administrative burdens and clarifies that a new insured person is bound by the choices made by the original policyholders.
For drivers in Florida, it is important to recognize the long-term impact of rejecting uninsured motorist coverage. The decision made at the inception of a policy can extend across future policyholders, and any changes to coverage must be explicitly requested by the named insured to take effect.
This ruling reinforces that adding another driver to an existing policy does not automatically require the insurance company to re-offer UM coverage. Unless the policy undergoes a significant modification that alters the coverage limits, the original named insured’s decision is considered binding for all covered parties.
Why Understanding Your UM Coverage is Essential
Uninsured motorist coverage is one of the most important protections a driver can have, as it ensures compensation for injuries or property damage when the at-fault driver lacks adequate insurance. Florida law allows drivers to waive this protection, but insurance companies must ensure that this waiver is informed and written by the named insured. If UM coverage is waived, the consequences of an accident with an uninsured driver can be severe.
If you are added to an existing policy or your insurance undergoes any changes, it is essential to understand whether you are covered by UM protection. Knowing your coverage status can mean the difference between receiving compensation for your injuries or facing financial strain after an accident.
For those involved in an accident who believe they should have been provided UM coverage, it may be necessary to challenge the insurance company’s decision. Working with an experienced attorney can help you assess whether the insurance company followed Florida law and determine the best steps to recover the compensation you are entitled to.
Contact a Miami Personal Injury Lawyer with Friedman Rodman Frank & Estrada to Learn More
If you were injured as a result of another’s negligence, reach out to the Miami car accident lawyers at Friedman Rodman Frank & Estrada. We provide free consultations and will only accept payment for our services if we can recover compensation on your behalf. You can reach us through our secure online contact form or by calling 877-448-8585.