What if the Driver Has No Insurance in Pensacola?

A car accident involving an at-fault driver who does not have insurance can quickly complicate the situation. Unfortunately, this is a common issue across Florida, including in Pensacola. That is why many injured victims are left wondering how they will recover their medical bills, vehicle repairs, and lost wages when the other party lacks the legally required coverage.

At The Morgan Law Group, our team represents injured Floridians in situations just like this. If you were hit by an uninsured motorist, you may still have multiple options for financial recovery. 

Below is what you should know, and how a skilled car accident attorney in Pensacola can help protect your rights and pursue compensation.

Number of Uninsured Motorists in Florida

Despite Florida law requiring drivers to carry insurance, many choose to risk going without it. As of September 2025, there are approximately 908,850 uninsured drivers in Florida, which accounts for 5.48% of all registered motorists in the state.

However, the problem is even more pronounced in Escambia County, where Pensacola is located. The latest data shows that 8.63% of registered drivers in Escambia County are uninsured. That means nearly 1 in 11 drivers on Pensacola roads may not have insurance coverage if they cause an accident.

This increases the likelihood of being involved in a crash with an uninsured motorist. I

What Is Florida’s Car Insurance Requirement?

Florida is a no-fault insurance state, which means all drivers are required to carry Personal Injury Protection (PIP) coverage. This allows each driver to go through their own insurance first, regardless of who caused the crash.

Under Florida Statute § 627.736, the minimum insurance requirements are:

• $10,000 in Personal Injury Protection (PIP)
• $10,000 in Property Damage Liability (PDL)

However, Florida does not require drivers to carry Bodily Injury Liability (BIL). This loophole allows drivers to be technically “insured” but still lack sufficient coverage to pay for another person’s injuries.

If the victim’s policy includes collision coverage, that will cover damage to their vehicle. Optional Medical Payments (MedPay) coverage, if purchased, can also pay medical bills up to policy limits. Otherwise, victims may use health insurance to pay urgent medical expenses.

For motorcyclists, the rules differ. Florida does not require motorcycle owners to carry PIP coverage, though they are still liable for injuries they cause to others. 

Penalties for Driving Uninsured in Pensacola

Driving without insurance protection is not only risky, but also illegal in Pensacola and throughout Florida. 

When a driver is caught operating a vehicle without the required insurance, they face immediate and escalating penalties:

• First Offense: Suspension of driver’s license and vehicle registration of up to 3 years, unless insurance is provided and a $150 reinstatement fee is paid.
• Second Offense (Within 3 years): Suspension of driver’s license and vehicle registration of up to 3 years and a $250 reinstatement fee.
• Third Offense: Suspension of driver’s license and vehicle registration of up to 3 years and a $500 reinstatement fee for a lapse (since the first offense) that occurred within 3 years.

For repeat violations, criminal charges can apply, especially if the driver continues to operate the vehicle on a suspended license. 

For commercial drivers, the consequences are similar but often more severe, including losing a commercial or TNC license. 

Beyond legal consequences, uninsured drivers also face practical setbacks. Once their license is reinstated, they’ll be required to file SR-22 forms and pay much higher insurance premiums for several years.

What Is Uninsured Motorist Coverage in Pensacola, FL?

One of the most effective tools for protecting yourself in a crash with an uninsured driver is having uninsured motorist (UM) coverage on your own policy. Though it is optional in Florida, insurance companies are required to offer it, and drivers must reject it in writing to decline.

Uninsured motorist coverage is designed to step into the shoes of the at-fault driver’s insurance. 

If the at-fault driver has no insurance, your UM coverage can pay for:

• Medical expenses
• Lost wages
• Pain and suffering
• Death

UM coverage also applies when you are the victim of a hit-and-run, which is legally treated as an uninsured motorist accident. This type of claim is filed directly with your own insurance company, but it is not always straightforward.

Insurance providers may dispute the extent of your car accident injuries, the value of your damages, or even whether the at-fault party was uninsured. That’s where having a knowledgeable Pensacola car accident attorney becomes crucial.

What to Do After an Uninsured Hits You in Pensacola

If you’ve been hit by a driver who doesn’t have insurance, it’s important to take the right steps to protect your health, legal rights, and ability to recover car accident compensation:

• Call 911 and report the accident. A police report is essential, especially when dealing with an uninsured motorist claim.

• Seek medical treatment immediately. Even if you feel fine, injuries may surface later, and PIP coverage requires treatment within 14 days of the crash.

• Exchange information. If the other driver has no insurance, take note of their vehicle, driver’s license, and contact details.

• Take photos of the scene, injuries, and damages. This will support your claim.

• Notify your insurance company. Inform them you were involved in an accident and may be filing an uninsured motorist claim.

• Consult a car accident attorney in Pensacola. Legal guidance is especially important in uninsured cases, where recovery options may require deep understanding of policy language and Florida’s tort law.

Taking these steps immediately after the crash can make a meaningful difference in your recovery. The sooner you act, the better your chances of preserving evidence, meeting insurance deadlines, and pursuing the full compensation you may be entitled to under Florida law.

Can You Sue the Uninsured Driver to Recover Damages?

Yes. If an uninsured driver causes your accident, you can directly sue them. 

Florida personal injury law allows injured victims to pursue damages, such as:

• Medical bills exceeding PIP limits
• Lost wages
• Property damage
• Pain and suffering
• Permanent disability or disfigurement

However, there are two critical factors to consider:

• Serious Injury Threshold: To recover non-economic damages like pain and suffering, your injuries must meet Florida’s serious injury threshold, as defined in Florida Statute § 627.737.

• Ability to Pay: Even if you win a judgment, many uninsured drivers don’t have significant assets, which can make collection difficult.

That said, a judgment allows you to garnish wages or place liens on property. In some cases, courts may set up installment payment plans to ensure the victim receives some form of compensation over time.

Before pursuing a lawsuit, your attorney will investigate whether other parties may share liability for the car accident, such as a vehicle owner, employer, or manufacturer. This can open additional avenues for recovery.

Know Your Rights After a Crash with an Uninsured Driver 

Pensacola car accidents involving uninsured motorists can feel like a dead-end, but with the right legal strategy, you may still be able to recover damages through your insurance policy, a third-party claim, or a personal injury lawsuit.

At The Morgan Law Group, we help injury victims in Pensacola understand their rights and fight for what they deserve. Whether you need help filing an uninsured motorist claim, negotiating with your insurance provider, or pursuing legal action, we’re here to guide you every step of the way.

Call our Pensacola office today at (239) 360-3492 or contact us using our online form for a free consultation with our car accident lawyer.