Boca Raton Underinsured Motorist Lawyer
After a serious crash, many people assume the at-fault driver’s insurance will cover everything. Then they find out that driver carried only the state minimum coverage, and suddenly a six-figure medical bill is staring back at them. That gap between what the other driver’s policy pays and what your injuries actually cost is exactly what underinsured motorist coverage exists to bridge. But collecting on that coverage is rarely as simple as filing a form. Your own insurer will often push back, minimize your injuries, or argue about the extent of your damages, because at that point, they are the ones holding the money. A Boca Raton underinsured motorist lawyer at Steinberg Law, P.A. can help you understand what your policy actually entitles you to and make sure you do not settle for less than the full picture.
Boca Raton sits at one of the busiest traffic corridors in Palm Beach County. U.S.-1 through downtown, Glades Road near the mall, the I-95 on-ramps at Palmetto Park and Yamato, and the surface roads cutting through west Boca all see heavy commuter and tourist traffic daily. When someone rear-ends you at one of these intersections and their policy limit is a fraction of your surgery costs, your underinsured motorist claim may be the only meaningful avenue to full recovery. Florida’s insurance rules on stacking, selection/rejection forms, and the threshold between uninsured and underinsured coverage all factor into how that claim gets resolved.
At Steinberg Law, P.A., Brett Steinberg handles underinsured motorist claims throughout Boca Raton and the surrounding areas from offices in both Delray Beach and Palm Beach Gardens. He has spent his career taking on insurance companies that undervalue claims, and he has the trial record to back it up when a fair resolution cannot be reached at the negotiating table.
What Underinsured Motorist Claims Actually Involve in Florida
Underinsured motorist coverage (often called UIM) is a type of first-party insurance claim. That means you are filing against your own auto insurance policy, not the at-fault driver’s. Florida law permits drivers to purchase UIM coverage, and many do without fully understanding when it applies or how it works in practice.
UIM coverage triggers when the at-fault driver’s bodily injury liability limits are lower than your damages. For example, if the other driver carried $25,000 in coverage but your medical treatment cost $120,000, UIM coverage may step in to cover the difference, up to your own policy limits. But your insurer will not simply write a check for the gap. They will dispute liability, dispute the severity of your injuries, question whether your treatment was necessary, and often argue that your settlement demand is inflated. Every dollar they pay you is a dollar out of their reserves. That conflict of interest is real, and it shapes how these claims move forward.
An additional layer of complexity in Florida involves the interplay between UIM coverage, personal injury protection (PIP), and the bodily injury liability coverage on the at-fault driver’s policy. Your insurer typically has the right to a credit for what you already recovered from the other driver’s policy. The sequencing of these recoveries, and the decisions you make along the way, can affect what your UIM carrier ultimately owes. This is not a situation where you want to navigate the paperwork alone and hope the right number shows up on a check.
Common Situations Handled by a Boca Raton UIM Attorney
- Rear-end collisions on I-95 and U.S.-1: High-speed, low-coverage crashes are common on Boca Raton’s main corridors. When the at-fault driver carries only minimum liability limits, spinal injuries and surgeries routinely exceed those limits within weeks of the accident.
- Intersection crashes at Glades Road and Jog Road: T-bone and angle crashes at Boca’s busier intersections often produce serious head and chest injuries. Drivers running late and distracted at these lights frequently carry minimum coverage policies.
- Rideshare and delivery vehicle accidents: Uber, Lyft, DoorDash, and Amazon delivery vehicles operate heavily in Boca Raton. When one of these drivers causes a crash, the applicable coverage tier and whether UIM applies depends on the driver’s status at the time of the collision.
- Hit-and-run accidents: Florida allows UIM coverage to apply when a hit-and-run driver cannot be identified. The requirement to report the collision promptly and contact your insurer quickly is critical to preserving this claim.
- Pedestrian and bicycle accidents: Boca Raton’s streets along Federal Highway and the Mizner Park area see frequent pedestrian and cyclist collisions. When a driver strikes someone on foot or a bike and flees or carries minimal insurance, UIM coverage through the pedestrian’s own auto policy may be the primary financial recovery avenue.
- Stacking disputes: Florida permits eligible policyholders to stack UIM coverage across multiple vehicles on a single policy or across separate policies. Insurers frequently dispute whether a claimant validly waived or preserved stacking rights, and those disputes can significantly change the available coverage amount.
- Policy limit mismatches after multi-vehicle crashes: When three or more vehicles are involved, each at-fault party’s coverage is split across multiple victims, potentially exhausting available limits quickly and pushing injured claimants toward their own UIM coverage far sooner than expected.
What to Do After an Accident When You Suspect the At-Fault Driver Is Underinsured
The decisions you make in the days and weeks after a crash shape your UIM claim in ways that are hard to undo later. The first priority is getting medical attention, whether at Boca Raton Regional Hospital, Bethesda Hospital, or an urgent care facility. Do not wait to see if symptoms resolve on their own. Delayed treatment creates gaps in your medical records that insurers routinely use to argue that your injuries were not serious or were caused by something other than the accident.
Report the accident to the Boca Raton Police Department or the Florida Highway Patrol if the crash occurred on the highway. Get the police report number. Collect the other driver’s insurance information at the scene, or obtain it through the police report if you could not at the time. Once you have the other driver’s carrier information, contact your own insurance company to report the accident and notify them that you may have a UIM claim. Most auto insurance policies require prompt notice, and failing to report within a reasonable time can complicate your ability to recover later.
Before you accept any settlement from the at-fault driver’s insurer, you should understand that doing so requires your own UIM carrier’s consent in many situations. Your UIM carrier has the right to consent to or object to a settlement with the at-fault driver, because that settlement affects their exposure. Settling without that consent can jeopardize your UIM claim entirely. This procedural requirement catches many people off guard, particularly when the at-fault driver’s insurer moves quickly and offers a policy-limit check early in the process.
Florida’s statute of limitations for bringing a UIM claim under a contract is generally five years, but this can interact with other deadlines, and the specific facts of your case matter. Consulting with a Boca Raton underinsured motorist attorney early in the process, before you accept any payment or sign any release, is the most important step you can take to protect the full value of your claim.
Why Steinberg Law, P.A. for Your Underinsured Motorist Claim
Brett Steinberg founded Steinberg Law, P.A. with a direct focus on fighting for injured people against insurance companies that underpay claims. He is not a high-volume operation moving files. Every client works directly with Brett and his team, and Brett himself is involved in the strategy and decisions on each case. Since 2014, he has recovered over $25 million for injured clients across South Florida, with settlements and verdicts reflecting the real cost of serious injuries, not what insurers think they can get away with paying.
What separates Brett’s approach on UIM claims specifically is his willingness to take cases to trial when insurers refuse to honor what a policy actually covers. He took a sexual assault case to trial after the defense offered $20,000 to settle, and the jury returned a $2,600,000 verdict. That willingness to stand in front of a jury changes how insurance carriers calculate their risk in negotiating with him. He has handled UIM and auto negligence claims resulting in settlements including a $1,525,000 auto negligence settlement and multiple seven-figure recoveries for car versus pedestrian accidents. These are not outcomes driven by volume; they reflect what happens when a lawyer actually prepares each case for trial.
Brett is rated “AV” by Martindale-Hubbell, holds a 10.0 Superb rating on AVVO and a 10.0 rating on Justia, and has been recognized as a Florida Super Lawyer every year since 2015. He is admitted to practice in all Florida state courts and the United States District Courts for the Southern and Middle Districts of Florida. His offices in Delray Beach and Palm Beach Gardens allow him to serve Boca Raton clients conveniently, and all UIM cases are handled on a contingency fee basis with no upfront cost.
Questions About UIM Claims in Boca Raton
What is the difference between uninsured motorist and underinsured motorist coverage?
Uninsured motorist (UM) coverage applies when the at-fault driver has no insurance at all, or in hit-and-run situations where the driver cannot be identified. Underinsured motorist (UIM) coverage applies when the at-fault driver has some insurance, but their policy limits are not enough to fully compensate you. Florida policies often combine UM and UIM into a single coverage type, but the trigger conditions are different. Which applies in your situation depends on the other driver’s coverage and the amount of your damages.
Does my own insurance company represent my interests on a UIM claim?
No. On a UIM claim, your insurer is the party you are claiming against. While they issued your policy, they have a financial interest in paying as little as possible on your claim. They will typically assign an adjuster whose job includes minimizing payout. That dynamic is real, and it is why having independent legal counsel representing only your interests matters on these claims.
Can I be denied UIM benefits even if I have coverage and was not at fault?
Yes, insurers regularly deny or reduce UIM claims on various grounds: arguing your injuries are not as serious as claimed, disputing that the accident caused your condition, claiming you did not meet policy conditions (like timely notice), or arguing comparative fault applies. None of these denials is automatically final. An attorney can evaluate whether the denial is legitimate or whether the insurer is acting in bad faith under Florida law.
What is stacking, and does it apply to my policy in Florida?
Stacking allows a policyholder to combine UIM coverage limits across multiple vehicles or multiple policies to increase the total available coverage. Florida permits stacking unless the insured validly waived it by signing a specific rejection form. Insurers sometimes argue the waiver was valid when it was not properly executed. If you insure more than one vehicle, it is worth reviewing your policy and any forms you signed to understand whether stacking rights were preserved.
What happens if I was partially at fault for the accident?
Florida follows a modified comparative negligence framework. If you are found partially at fault, your total recovery may be reduced by your percentage of fault. However, if you are found to be more than 50% at fault, you may not be able to recover from the at-fault driver. The comparative negligence analysis also applies in UIM claims when your insurer disputes liability. The specific facts of how the accident happened, the police report, witness accounts, and physical evidence all matter in this analysis.
My health insurance paid some of my medical bills. Does that affect my UIM claim?
Potentially. Florida has a collateral source rule that generally prevents a defendant (or here, your UIM insurer) from reducing your damages simply because another source, like health insurance, also paid some of your expenses. However, if your health insurer has a right of subrogation or reimbursement, they may assert a lien against your UIM recovery. Navigating those liens correctly is part of maximizing what you actually put in your pocket at the end of a case, not just what the settlement total reads on paper.
The at-fault driver’s insurer is offering their full policy limits. Should I accept?
Not before talking to your own attorney and coordinating with your UIM carrier. Accepting the at-fault driver’s policy-limit offer often requires signing a release. That release cannot damage your UIM claim if done correctly, but the process has specific requirements under Florida law, including providing your UIM carrier with notice and an opportunity to substitute payment if they choose. Moving forward without following this process can cause you to inadvertently forfeit your UIM rights. This is one of the most common and costly mistakes people make on their own.
How long does it take to resolve a UIM claim in Florida?
There is no standard timeline. Some UIM claims resolve through negotiation within several months of completing medical treatment. Others require filing suit and going through litigation, which can take one to two years or longer depending on the complexity of the injuries and the insurer’s posture. In Palm Beach County, cases that go to litigation are filed in Palm Beach County Circuit Court (or County Court, depending on the amount in dispute), where current docket timelines influence how quickly a case can be moved toward trial or resolution.
Can I file a bad faith claim against my own insurer if they handle my UIM claim improperly?
Florida law provides remedies when an insurer acts in bad faith in handling a claim, including a first-party UIM claim. If your insurer fails to properly investigate your claim, denies it without a reasonable basis, or refuses to pay a clearly owed amount, a bad faith action may be available after the underlying UIM claim is resolved. Bad faith actions can expose the insurer to damages beyond just the policy limits. This area of law is complex and the procedural requirements are specific, so it is not something to pursue without legal guidance.
Does Steinberg Law handle UIM claims that are already in dispute with my insurer?
Yes. Brett Steinberg regularly takes on UIM cases where the insurer has already made an initial offer, denied the claim, or where negotiations have stalled. Coming in at any stage, including after an initial denial, is common. The most important thing is not where the claim currently stands but whether there is a path forward to a better result, and that is the first conversation Brett will have with you in your free consultation.
Serving Boca Raton and Surrounding Communities in Palm Beach County
Steinberg Law, P.A. represents underinsured motorist claimants throughout Boca Raton and the broader Palm Beach County area. Within Boca Raton itself, the firm serves clients from West Boca Raton, the Sandalfoot Cove and Coral Springs border communities, the central Boca Raton neighborhoods near Federal Highway and Palmetto Park Road, and the eastern areas around A1A and the beachside communities. Clients from the Boca Raton Country Club area, Broken Sound, and the communities surrounding Florida Atlantic University also regularly work with the firm.
Beyond Boca Raton, Steinberg Law handles UIM cases for clients in Delray Beach, Boynton Beach, and Lake Worth Beach. The firm serves clients throughout Greenacres, Wellington, Royal Palm Beach, and the communities along Southern Boulevard in Palm Beach County. West Palm Beach and Palm Beach Gardens residents, along with those in Jupiter, Juno Beach, and North Palm Beach, are all within the firm’s regular service area. The Broward County border communities of Deerfield Beach and Coconut Creek also fall within reach of the firm’s Palm Beach Gardens and Delray Beach offices. Wherever a UIM claim arises in South Florida, the firm is positioned to help.
Speak With a Boca Raton Underinsured Motorist Attorney at Steinberg Law, P.A.
When your own insurance company is the obstacle standing between you and a fair recovery, you need someone in your corner whose only interest is in getting you what your policy actually provides. Brett Steinberg is a Boca Raton underinsured motorist attorney who has spent his career holding insurance companies accountable when they underpay claims, and he is prepared to take your case to trial if that is what it takes to reach a fair result.
Steinberg Law, P.A. handles all UIM cases on a contingency fee basis, meaning you pay nothing unless and until compensation is recovered. Brett offers a free one-hour consultation to review what happened, walk through your coverage, and give you an honest assessment of where your claim stands. Call the firm today to schedule yours.
