Are you wondering, “What is the average uninsured motorist insurance settlement?” Or whether you will have to sue an uninsured motorist insurance company to get a payout?
Here, I will answer these questions and much more. You’ll also see several of my uninsured motorist insurance payouts. You’ll get to see photos of the cars involved in the accident, pictures of my client’s injuries and much more.
In some of these settlements, the at fault driver did not have bodily injury liability (BIL) insurance. In other cases, the careless driver did not have enough BIL insurance to pay for the claimant’s injuries.
Here are some frequently asked questions about uninsured motorist insurance settlements:
Under $15,000. Fortunately, most car accidents don’t result in bad injuries. And minor injuries usually result in small payouts.
The most common complaint after a car accident is whiplash. More often than not, whiplash alone doesn’t usually result in a big payday. This is especially true if there is minor damage to the cars involved in the accident. If the cars were not badly damaged, most uninsured motorist insurers make a small offer for whiplash. GEICO, Progressive and State Farm typically won’t offer much for an uninsured motorist insurance claim for whiplash if there is no (or very little) damage to the vehicles.
If you want a shot at the big bucks in a whiplash minor impact case, you’ll likely have to take the case to trial. There, you’ll hope that a jury awards you the big bucks. However, it usually costs at least $10,000 to get an uninsured motorist insurance case to trial.
Also, in many uninsured motorist insurance claims, the injured person has already received payment from the at fault driver. If this occurs, the uninsured motorist insurer is entitled to a credit for any payment from the at fault driver. This results in a smaller average uninsured motorist settlement.
On the other hand, if you broke a bone in the car accident, the average uninsured motorist insurance is usually above $15,000. If you’ve had surgery to fix the broken bone, the average settlement is often $100,000 (or more). This assumes that there is enough uninsured motorist insurance to pay for the fair value of the case.
In a moment, you’ll see my many uninsured motorist insurance settlement examples. If you have uninsured motorist insurance and you are badly injured, you should hire an attorney for the car accident.
The largest UM insurance payouts are usually those where the claimant has had surgery. Just look at my five biggest uninsured motorist insurance settlements. In all of them, the injured person had surgery to repair a broken bone.
It’s no secret that surgery cases have a higher full value for settlement purposes. And uninsured motorist insurance cases are no exception.
This is for three reasons. With surgery, the pain and suffering award is usually much higher. Also, surgery results in higher medical billed charges. Many surgeries also leave a scar, which adds value to the case.
Travelers UIM Insurance Pays $200K of $300K Settlement for Car Accident (Broken Leg)
Ryan lived in Georgia. However, he was in Florida for a business trip. While in Florida, Ryan rented a car from Avis rental car.
Ryan was driving the rental car in Clearwater, Pinellas County, Florida. When doing so, another car was coming in the opposite direction.
The other car made a left hand turn and crashed into Ryan’s car. Consequently, they crashed.
The other driver got a ticket for failure to yield the right of way.
To illustrate, the diagram from the crash report is below. Ryan is vehicle #2 in the diagram.
After the accident, a friend took a photo of Ryan’s rental car. Here it is:
After the surgery, doctors took an x-ray of Ryan’s broken leg. Here is the image:
Allstate insured the driver who received a ticket for causing the crash. They paid his $100,000 BIL insurance limits.
In Georgia, Ryan owned a car. Travelers Insurance Company insured it. In fact, Ryan had underinsured motorist insurance on his car.
I explained to Ryan the possible benefit of suing the uninsured motorist insurance company. He gave me consent to sue. I sued Travelers in Pinellas County, Florida.
Shortly thereafter, Travelers paid us $200,000 to settle Ryan’s uninsured motorist insurance lawsuit.
Again, the entire personal injury settlement was for $300,000. This is a very basic version of this uninsured motorist insurance settlement.
This claim was actually complicated.
Because Ryan was injured in while visiting Florida from another state. I had to deal with the laws of two states. This required lots of research.
In addition, the at fault driver died. I made a claim against his estate.
Pedestrian’s UIM Insurer Pays $100K of $325K Settlement After Uninsured Car Hits Him (Miami)
Here is a short video about this settlement:
A Switzerland resident was in Miami for vacation. A federal government employee was driving a car in Miami, Florida.
He hit the Swiss pedestrian in Miami. As a result of the impact, the pedestrian fractured his lower leg bone (tibia). Shortly after the accident, the international visitor hired me. (I’ve written a lot about the rights of international tourists (foreigners) who are injured in Florida.)
Ace American Insurance Company insured my client’s rental car. I argued that the government car was “uninsured” since the federal government is self-insured. Therefore, I argued that my client’s uninsured motorist insurance had to pay.
Ace Insurance Company did not pay. I filed a civil remedy notice of insurer violation. They hired an attorney to help them evaluate the case. The Ace uninsured motorist policy had a limit of $100,000. Instead of suing the uninsured motorist insurer, I gave it chance to settle for $100,000 limits.
About 60 days later, Ace paid me the $100,000 UM limits. Additionally, the employee’s rental car insurer paid $100,000 from its bodily injury liability coverage. I then had to sue the federal government to get an additional $125,000.
The total settlement against all parties was for $325,000. Most uninsured motorist insurance settlements for a pedestrian hit by a car are not this high. This is because most car accidents don’t result in a broken bone and surgery.
Passenger and Driver UM Insurers Pay $130,000 for Shoulder Injury
A passenger was in a car on a highway in Bonifay, Florida. An uninsured car hit them.
The passenger claimed the the crash caused or worsened her rotator cuff tear.
She made a claim against her UM insurer, and the UM insurer of the car that she was in (“host car”). Nationwide Insurance Company insured each.
Nationwide paid the host car’s $100,000 UM insurance limits, and $30,000 of the passenger’s UM insurance policy. The total settlement was for $130,000.
The host car’s Medical payments (Medpay) insurance paid $8,433 of her medical bills.
Allstate UIM Insurance Pays $100K of $150K Settlement (Miami Car Accident)
Allstate paid its UIM policy limits of $100K to settle a car accident case. This was a left turn accident settlement.
The injured passenger claimed that the crash caused or worsened a herniated disc.
He had low back surgery (fusion).
Surgery increases the full settlement value of a case.
Progressive insured the careless driver, and paid its $50k limits to settle.
$100K Uninsured Motorist Settlement for Pedestrian Hit By Car (Miami-Dade)
A pedestrian was hit by a car in Homestead, Miami-Dade County, Florida. She had fractures in face, resulting in surgery.
Imperial Fire & Casualty Insurance (RAC partners) insured the driver with $10,000 BI limits. They paid the $10,000 limits.
The pedestrian was a named insured on a car insurance policy with $100,000 in UM coverage with Progressive. Progressive paid the $100,000 UIM insurance limits.
UM Insurer Pays $10K of $210K Settlement for Truck Crash (Shoulder Injury)
Bob (not real name) was driving a truck for work. The front of his truck smashed into the back of a truck that Mike was driving for work.
Mike hurt his shoulder. Bob’s employer, a trucking company, had a $2 Million dollar BI policy with a $250,000 self-insured retention.
We argued that the trucking company was “uninsured” under Florida law, since the trucking company had a self-insured retention.
Mike had a $10,000 of Progressive UM insurance on his personal car. Even though Mike was driving a work vehicle, Mike’s Progressive Insurance paid the truck driver its $10,000 UM limits.
$50K Uninsured Motorist Insurance Settlement with GEICO (Hip Fracture)
A young driver (Andrew) lost control of his car. He crashed into the guardrail. He suffered a hip fracture. An ambulance took him to the hospital.
Doctors performed surgery on him. Specifically, they put hardware put inside his hip.
Andrew told the police officer that another car cut him off. He said that the other car left the scene.
Andrew received a ticket.
He actually hired us for another accident. He had a broken wrist from that other accident. We settled his case for $35,000 (policy limits). During that claim, we learned about his hip fracture.
He didn’t know that he had an uninsured motorist insurance claim. Fortunately, his mother had purchased $10,000 worth of stacking uninsured motorist (“UM”) coverage with GEICO. She had five vehicles under the GEICO policy. Thus, there was $50,000 in uninsured motorist insurance.
We settled his hip fracture case for the $50,000 uninsured motorist insurance limits. GEICO quickly paid me the limits. The uninsured motorist insurance adjuster didn’t even take Andrew’s statement.
$45K Uninsured Motorist Insurance Payout with Lyft/York ($70k Total Settlement)
A Lyft passenger was injured in a car accident in Miami Shores. The passenger claimed that the crash caused his injuries.
Specifically, he claimed that he had neck and back pain. He also had wrist and ankle injuries.
Once an Uber vehicle is engaged in a ride, there is $1 million of available uninsured motorist insurance. That is awesome news for passengers and drivers.
Lyft has $250,000 in uninsured motorist coverage when the vehicle is engaged in a ride.
Driver’s Uninsured Motorist Insurer Pays $47K of $57K Settlement for Back Injury
A police officer suffered back injury, while he was on duty, when he was rear ended in a car accident in Medley, Miami-Dade County, Florida.
The driver who caused the accident received a ticket for following too closely. We received the policy limits of $10,000 from the at fault party’s insurance company, State Farm.
My client suffered a bulging disc and was a candidate for back surgery (lumbar laminectomy). He had epidural shots to his lower back.
Travelers Insurance insured the police officer’s personal car with uninsured motorist insurance. Even though he was working at the time of the accident, Travelers UIM paid $47,000 to settle the case.
Since the cop was working at the time of the crash, workers compensation for the police department paid over $17,000 in indemnity (lost wages) and medical benefits.
Bicyclist’s UIM Insurer Pays $42,500 of $52,000 Settlement for Back Injury
A bicyclist was riding his bike in Miami-Dade County, Florida. A car cut him off and they crashed.
The bike rider claimed that he suffered a herniated disc and compression fracture in his spine. The car had $10,000 in BI insurance. The car’s insurer paid its $10,000 limits.
USAA insured the bicyclist’s car with UIM insurance. USAA paid $42,500 to settle.
UIM Insurer Pays $19K of $39K Settlement for Back and Neck Injury (Truck Accident)
Eric (not real name), a man in his 30’s, was diagnosed with a herniated disc in his lower back following an auto accident. The damage to his pickup truck is below.
The crash happened in Pinecrest, Miami-Dade County, Florida. Before this crash, he received years of chiropractic treatment on the same levels in his lower back that he claimed were injured in this accident.
He had epidurals to his lower back after this accident. GEICO insured the negligent driver with $20,000 of bodily injury (BI) liability coverage.
GEICO paid its $20,000 limits. My client had UIM insurance coverage with Star & Shield Casualty (NARS).
North American Risk Services (NARS) handled the claim for Star & Shield.
NARS paid $19,000 to settle his personal injury claim. The total settlement was $39,000.
Settlement Date: March 2014.
Uninsured Motorist Insurer Pays $25K of $33K Settlement (Hip Fracture)
On July 30, 2018, Shankeva was a passenger in her boyfriend’s car in Holly Hill, Florida.
Another driver (vehicle 1) hit another car (vehicle 2) head-on. Vehicle 2 then struck the car in which Shankeva was a passenger. The Daytona Beach News Journal wrote a story about this accident.
Shankeva suffered an acetabular fracture. An acetabular fracture is a break in the socket portion of the “ball-and-socket” hip joint.
Unfortunately, vehicle 1 only had $10,000 per person in BIL insurance. This was a multi-car accident. We got $8,000 of the $10,000 BIL insurance limit.
Shankeva was a passenger in a car that State Farm insured.
The good news?
Specifically, the car had $25,000 per person in uninsured motorist insurance coverage.
Within just 30 days of the accident, State Farm paid us the $25,000 uninsured motorist insurance limit. I settled the entire injury claim for $33,000. Most of the settlement was for pain and suffering.
GEICO UM Insurance Pays $30,000 for Herniated Disc
My client claimed that a rear end crash caused her herniated disc.
The accident happened in Miami, Florida.
$25,000 Uninsured Motorist Insurance Settlement for Pinecrest Accident (Herniated Disc)
See a case where a passenger was rear ended by an uninsured driver. The crash happened in Key Largo, Florida.
Here is my client’s video testimonial:
Progressive UM Insurance Pays $10K of $20K Settlement for Homestead Car Accident (Finger Injury)
Here is a short video about the settlement:
Tracy was driving a pickup truck in Homestead, Florida. Unfortunately, another driver crashed into the back of Tracy’s truck.
Tracy suffered a cuts to his finger. He also complained of shoulder pain and bruising to his leg and spine.
Tracy had a small, permanent scar to his finger, from the avulsion injury.
He never regained sensation to the tip of his finger.
Tracy had $10,000 in uninsured motorist insurance with Progressive. Progressive (UIM) paid us $10,000 to settle the case.
The entire settlement was for $20,000. I represented him.
Progressive UM Insurance Pays $10K of $20K Settlement for Miami Car Accident (Herniated Disc and Scar)
Liz was in a car that was T-boned by another car at an intersection in Miami-Dade County, Florida.
Liz claimed that the accident caused or aggravated a herniated disc in her lower back.
I represented Liz.
Progressive UM Insurance Pays $10K of $20K Settlement for Miami Car Accident (Herniated Disc)
Henry was in a car that was T-boned by another car at an intersection in Miami-Dade County, Florida. After the accident, he hired a Miami car accident lawyer (me).
Henry claimed that the accident caused or aggravated a herniated disc in her lower back.
Infinity Indemnity Insurance Company insured the other driver. Infinity paid the BI liability insurance $10,000 limits.
Progressive Insurance paid its $10,000 UIM Insurance limits.
Will I Get an UM Insurance Settlement if I’m Injured While on a Motorcycle?
Possibly. There will need to be uninsured motorist insurance on the motorcycle. If not, if the motorcyclist owns a car with uninsured motorist insurance, it may pay the rider.
Likewise, if the motorcycle rider lives with a relative who had uninsured motorist insurance, it may pay compensation.
Whether or not the injured person will be entitled to the relative’s uninsured motorist insurance depends on how the term “insured” is defined in under the liability and uninsured motorist coverage in the policy.
Some insurance policies have said that a relative who owns a car isn’t an insured under the policy. In that instance, the injured motorcycle rider isn’t entitled to his relative’s uninsured motorist insurance.
Years ago, Dairyland Insurance Company’s auto insurance policy said that a relative who owned car couldn’t claim uninsured motorist insurance under their relative’s auto policy. The court agreed. The case is Dairyland Insurance Co. v. Kriz, 495 So.2d 892 (Fla. 1st DCA 1986).
In another case, a court rejected a similar claim for uninsured motorist benefits with Liberty Mutual. The case was France v. Liberty Mutual Insurance Company, 380 So.2d 1155 (Fla. 3d DCA 1980). This was an older case. It’s possible that Liberty Mutual’s current insurance policy would provide UM benefits.
I can’t stress this enough:
The injured person (or his attorney) needs to get a copy of the complete auto insurance policy.
Additionally, for uninsured motorist insurance to apply, another’s driver’s negligence must have caused the motorcycle rider’s injury. Otherwise, the rider won’t be entitled to a motorcycle accident settlement. At least not from uninsured motorist insurance.
Will a Rental Car Driver’s Personal UM Insurance Cover You if You’re Injured While a Passenger?
No, if you are not a relative of the rental car driver.
Let me give an example to explain this.
Assume Amy has uninsured motorist coverage on her personal car. Amy is not related to Bob.
While on vacation in Florida, Amy rents a car. Amy and Bob are in the rental car. An uninsured driver (of another car) hits Amy’s rental car. The other driver was negligent. As a result, Bob is injured.
Will Amy’s uninsured motorist insurance pay for Bob’s medical bills? Will Amy’s uninsured motorist insurance pay compensation for Bob’s lost wages? What about Bob’s pain and suffering?
In this example, the answer is No. Amy’s uninsured motorist insurance will not pay for Bob’s injury.
Because Bob is a a Class II insured. In other words, Bob is not a relative of Amy’s.
A class II insured only gets the benefit of uninsured motorist insurance on the car itself. A class II insured can’t tap into the rental car driver’s personal uninsured motorist coverage.
What if Bob was a relative of Amy, and he lived with her?
In this instance, Bob may be able to get a settlement with Amy’s uninsured motorist insurance company.
Because resident relatives are considered Class I insureds. A Class I insured is entitled to the rental car driver’s personal uninsured motorist insurance.
Which Rental Car Companies Offer $1 Million in Uninsured Motorist Insurance?
If you purchased Liability Insurance Supplement (LIS) with Thrifty, Dollar or Hertz, it includes $1 million in uninsured/underinsured (UM/UIM) motorist coverage. This can be huge if the at fault driver is uninsured, and you’re badly injured.
The UM/UIM coverage applies (while occupying the car) for bodily injury and property damage.
Who insures Thrifty, Dollar and Hertz?
Ace American Insurance insures Thrifty. You should hire an attorney that can show you his past settlements with Ace. I’ve settled case with Ace. ESIS handles Thrifty’s car accident claims and settlements.
Most uninsured motorist cases aren’t worth anywhere near $1 million. That is a lot of money.
Which Uninsured Motorist Insurance Cases are Worth $1 Million or More?
Some uninsured motorist insurance claims may be worth $1 million (or more). The most common cases that have a full settlement value above $1 million (or more) are if you’ve suffered one of the following:
- Brain injury that required surgery to your skull
- Several surgeries to a body part and you’ve developed chronic regional pain syndrome (CRPS)
- Paralysis from the waist or neck down
- Above the knee Amputation, or arm amputation
Why does a brain injury (with surgery) case have a full settlement value of over $1 million?
First, the hospital charges may easily be over $500,000. Additionally, the neurosurgeon and other doctors will have high bills.
But the bigger damage is for pain and suffering. Additionally, if the injured person was a big wage earner, that adds tremendous value. The past lost wage claim will be big. The future lost earning capacity claim may be even bigger.
Rental Car Occupants Should Not Quickly Settle With the At Fault Driver
Assume that the at fault driver has $50,000 in BIL coverage. Assume that the an injured rental car occupant has a brain injury and surgery. Here, the injured person’s claim is worth much more than the at fault driver’s $50,000 BIL coverage limit. In this instance, he or she should not quickly settle his or her injury case for $50,000 with the at fault driver.
First, the injured person does not want to give up the right to make a UM claim. This can happen if the you don’t follow a particular UM claim procedure. The tourist can also lose his UM claim if the settlement release with the at fault driver’s insurer is poorly worded.
Second, the injured person does not want to end up in Federal court. He or she wants to keep the case in Florida state court. There are many advantages to keeping your case state court (instead of Federal court).
Which Rental Car Companies Offer $100K in UM Coverage in Florida?
Alamo Rent a Car and National Car Rental. If you rented a car from Alamo Rent a Car, hopefully you purchased Extended Protection (EP). EP is optional. It is not required.
EP includes UM/UIM coverage for bodily injury and property damage in an amount equal to the minimum financial responsibility limits applicable to the Vehicle (the Primary Protection).
EP also includes additional coverage through an excess liability policy, with limits for the difference between the statutory minimum underlying limits and $100,000 per accident.
Again, Florida doesn’t have a minimum UM limit. Thus, Alamo’s UM limit is $100,000 per accident.
Like Alamo’s EP insurance coverage is underwritten by Ace American Insurance Company.
National Car Rental also offers $100,000 in UM coverage if the renter purchased Supplemental Liability Insurance (SLI).
Does Avis or Budget Rent a Car Offer Uninsured Motorist Coverage?
I’m not sure if Budget Rent a Car’s Supplemental Liability Insurance (SLI) includes Uninsured Motorist/Underinsured Motorist coverage.
However, Florida doesn’t require UM coverage. Thus, I assume Budget’s SLI does not have UM coverage. However, I’m not sure.
Avis’ website says that Additional Liability Insurance does not include UM/UIM coverageexcept in states where mandated by law up to maximum amount of $100,000 or in such amounts as mandated by law.
Thus, I assume that Avis does not offer UM coverage in Florida.
Some Other Rental Car Companies Don’t Offer UM Coverage (in Florida)
Unfortunately, some Florida rental car companies don’t offer uninsured motorist coverage. This is tru even if you purchase LIS coverage when you rent a car. Examples of companies that I’ve seen who don’t offer UM coverage are small (mom and pop) rental companies, Enterprise Rent a Car, Sixt, Advantage Rent a Car.
Basically, if you want to be able to make an UM claim for a car accident in Florida, don’t rent a car through Sixt or Advantage Rent a Car.
Sixt Personal Accident Insurance (PAI) is underwritten by ACE USA.
How Long Does It Take to Get an Uninsured Motorist Insurance Settlement?
It varies from a case to case. I know people don’t want to hear that answer. But it’s the truth.
There are countless factors that affect the time it takes to settle a personal injury case.
You’ve now seen some of my uninsured motorist settlements. Please take a look at some of my personal injury settlements.
I want to represent you if you were hurt in an accident in Florida, on a cruise ship or boat.
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