South Florida Underinsured Motorist Lawyer

Every year, drivers across Palm Beach County and Broward County are seriously hurt in crashes where the at-fault driver simply does not have enough insurance to cover what was lost. Medical bills pile up. Paychecks stop coming. And when the other driver’s policy maxes out at a fraction of what treatment actually costs, victims are left holding the difference. That gap is exactly where a South Florida underinsured motorist lawyer does the most meaningful work.

Underinsured motorist coverage, often called UIM coverage, is a part of your own auto policy that most people never think about until they need it desperately. Florida law requires insurers to offer it, but drivers can waive it in writing. If you kept that coverage, and the person who hit you did not carry enough liability insurance to make you whole, your own policy may be the most important resource you have. The catch is that your own insurance company will fight that claim just as hard as any other, sometimes harder. Insurers do not hand over UIM benefits willingly, regardless of how clear-cut your injuries are.

Steinberg Law, P.A. represents injured drivers, passengers, motorcyclists, and cyclists throughout South Florida who are dealing with exactly this situation. Brett Steinberg has been taking on insurance companies since 2014, and the results speak plainly: over $25 million recovered for injured clients across the region. If someone hit you and did not carry enough coverage, that does not have to be the end of your recovery.

What UIM Coverage Actually Covers, and Where It Gets Complicated

Underinsured motorist coverage kicks in when the at-fault driver’s bodily injury liability policy is exhausted and your damages exceed it. So if the driver who hit you carried $25,000 in liability coverage and your injuries produced $150,000 in medical expenses, lost wages, and pain and suffering, you are looking at a $125,000 gap. If you purchased UIM coverage with limits of $100,000 or more, your own insurer steps into that gap, up to your policy limits. The concept is simple. The actual claims process rarely is.

Insurance companies assign adjusters whose job is to minimize what gets paid on UIM claims. They will dispute the severity of your injuries, argue that some treatment was unnecessary, suggest your prior medical history explains your current condition, or claim that your damages do not actually exceed the at-fault driver’s coverage. They have legal teams on retainer for this exact purpose. That asymmetry, between a policyholder navigating a claim alone and a well-funded insurer with experienced counsel, is why having a South Florida underinsured motorist attorney in your corner changes the outcome of these cases.

There is also a procedural layer that trips people up. Before you can pursue a UIM claim, Florida law typically requires you to either settle with the at-fault driver and obtain consent from your UIM insurer, or exhaust the at-fault driver’s coverage through a judgment. Skipping steps in this process can jeopardize your UIM claim entirely. Brett Steinberg has handled enough of these cases to know exactly how the sequencing works and how to preserve your rights at every stage.

Common UIM Situations Our Attorneys Handle Across South Florida

• Rear-end collisions on I-95 and US-1: These corridors through Delray Beach, Boca Raton, and West Palm Beach see constant heavy traffic and frequent high-speed rear-end crashes. When the driver at fault carried only Florida’s minimum liability limits, UIM coverage is often the only meaningful source of compensation for serious whiplash, spinal injuries, and traumatic brain injuries.
• Intersection crashes involving low-limit policies: T-bone and angle collisions at intersections along Atlantic Avenue, Okeechobee Boulevard, and Military Trail regularly result in catastrophic injuries that far exceed the liability coverage many Florida drivers carry.
• Motorcycle and bicycle accidents with underinsured drivers: Riders have no structural protection in a crash. Broken bones, road rash, and spinal damage are common, and the medical costs routinely outstrip what the at-fault driver can pay. UIM coverage on a motorcycle policy, or on a household vehicle policy that extends to the rider, is often the only path to real recovery.
• Hit-and-run crashes where the driver is later identified but underinsured: Florida allows UIM coverage to apply in hit-and-run situations under certain conditions. When the driver is eventually identified and carries minimal coverage, the UIM claim becomes even more critical.
• Commercial driver accidents with layered coverage disputes: When a crash involves a delivery driver or rideshare operator who is underinsured, multiple policies may be in play. Sorting out which policy applies and in what order requires careful analysis of the specific coverage in force at the time of the crash.
• Multi-vehicle pileups with shared liability: In chain-reaction crashes on South Florida highways, fault is often distributed across several drivers, each with their own policy limits. Aggregating available coverage and identifying where UIM applies is a fact-intensive process that benefits from experienced legal representation.
• Pedestrian knockdowns in crosswalks: Steinberg Law has secured pedestrian settlements exceeding $1.8 million. When a pedestrian is struck by an underinsured driver in Delray Beach, Boynton Beach, or Boca Raton, the pedestrian’s own household auto policy may provide UIM benefits even though they were not in a vehicle.

Why Steinberg Law, P.A. Handles These Claims Differently

Brett Steinberg founded Steinberg Law in 2014 on a straightforward premise: injured people deserve a lawyer who will actually pick up the phone, tell them the truth about their case, and go to trial if that is what it takes to get a fair result. That willingness to litigate is not a marketing slogan. It is a documented part of Brett’s practice, and it changes how insurance companies respond.

Insurers track which attorneys actually try cases and which ones always settle. When a UIM carrier knows they are dealing with a lawyer who graduated cum laude from the University of Miami School of Law, tried over 25 cases to verdict as an Assistant Public Defender, and has successfully argued a motion before the United States Supreme Court, the dynamic in settlement negotiations shifts. Brett’s record includes a $2,600,000 sexual assault verdict after the defense offered $20,000. His early career included work on a mesothelioma trial that resulted in a $24,170,000 verdict. These are not the numbers of an attorney who folds under pressure.

For UIM cases specifically, that trial readiness translates directly to leverage. Insurers know that if they undervalue a claim, Steinberg Law will not back down. Brett holds a 10.0 Superb rating on AVVO, a 10.0 rating on Justia, an “AV” Martindale-Hubbell rating for the highest professional and ethical standards, and has been recognized as a Florida Super Lawyer every year since 2015. Clients work directly with Brett and receive regular, honest updates on where their case stands. At Steinberg Law, underinsured motorist claims are handled on a contingency fee basis, meaning you pay nothing unless and until the firm recovers compensation for you.

What to Do After a Crash When the Other Driver’s Coverage Falls Short

The steps you take in the days and weeks following a serious crash matter considerably to the eventual outcome of a UIM claim. Start with your own auto insurance policy. Pull out the declarations page and look for the UM/UIM coverage line. If you are not sure what your policy includes, your insurer is required to explain it to you. Note your UIM limits and understand that those limits represent the ceiling of what your insurer can be required to pay, minus the at-fault driver’s available liability coverage.

Get the police report. In Palm Beach County, crash reports are available through the Florida Department of Highway Safety and Motor Vehicles or through the Palm Beach County Sheriff’s Office or the local municipal police department that responded to the scene. The report documents the at-fault driver’s insurance information, which you will need to verify coverage limits through their carrier early in the process.

Seek medical care immediately and follow your treatment plan completely. Gaps in treatment are one of the most common tools insurers use to minimize or deny UIM claims. If you are being treated at JFK Medical Center, Boca Regional Hospital, or any facility in the region, keep records of every visit, every referral, and every bill. Photograph your injuries as they progress. Save every document your insurer sends you, and do not give recorded statements to any insurance adjuster, including your own, without speaking to an underinsured motorist attorney in South Florida first.

The statute of limitations for underinsured motorist claims in Florida is a legal deadline that can bar your recovery entirely if missed. Do not assume you have unlimited time to pursue a claim. Consulting with an attorney promptly after a crash preserves your options and ensures the mandatory procedural steps, including any required consent before settling with the at-fault driver, are handled correctly from the start.

Questions South Florida Drivers Ask About Underinsured Motorist Claims

What is the difference between uninsured and underinsured motorist coverage?

Uninsured motorist (UM) coverage applies when the at-fault driver has no liability insurance at all. Underinsured motorist (UIM) coverage applies when the at-fault driver has some insurance, but their policy limits are not enough to cover your damages. In Florida, these are often sold together as UM/UIM coverage, but the triggering circumstances are different. Both types require that your damages exceed the at-fault driver’s available coverage before your own policy is implicated.

Do I have to sue my own insurance company to collect UIM benefits?

Not always, but sometimes yes. Ideally, your UIM carrier agrees with your assessment of your damages and pays fairly through the claims process. When they dispute your claim, deny it outright, or offer far less than your damages justify, filing suit against your own insurer becomes necessary. Florida law permits this, and it is a routine part of UIM litigation. Your attorney handles the suit; you focus on your recovery.

Can I collect UIM benefits if I was partially at fault for the crash?

Florida follows a modified comparative fault framework. Your recovery is reduced in proportion to your percentage of fault, but you can still recover unless you are found to be more than 50 percent at fault for the crash. This applies to UIM claims the same way it applies to claims against third parties. If there is any question about shared fault, an experienced attorney can help evaluate how it is likely to affect your recovery before you make decisions about settlement.

What if the at-fault driver’s insurer offers their policy limits? Do I still have a UIM claim?

Potentially, yes. Before accepting the at-fault driver’s policy limits, you should notify your UIM carrier in writing and obtain their consent to settle. This is a critical step. Settling with the at-fault driver without your UIM insurer’s consent can waive your UIM rights, depending on the language in your policy. An attorney handling your UIM claim will manage this consent process so your rights under both policies are preserved.

My insurer says my injuries are not as bad as I claim. What do I do?

This is one of the most common positions insurers take in UIM disputes. They may hire their own doctors to conduct independent medical examinations, or they may pull your prior medical records looking for pre-existing conditions. The response is to build a strong medical record supported by treating physicians, specialist opinions, imaging, and documentation of how your injuries have affected your daily life and earning capacity. Brett Steinberg has handled enough contested UIM claims to know how to counter these tactics effectively.

Does UIM coverage apply if I was a passenger in someone else’s car?

It can. If the vehicle owner carries UIM coverage, that policy may protect passengers. Additionally, your own household auto policy may provide coverage to you as a resident of the household even when you are riding in someone else’s vehicle. The answer depends on specific policy language, and stacking rules under Florida law can allow you to combine coverage from multiple vehicles on the same policy. This is an area where legal analysis of the actual policy documents makes a real difference.

What happens if the at-fault driver had no insurance at all and I have UIM coverage?

In Florida, UM coverage typically handles the situation where the at-fault driver has zero insurance. The same policy that provides UIM coverage for underinsured drivers usually provides UM coverage for uninsured drivers. The claim process is similar: you file with your own carrier, they evaluate your damages, and you negotiate or litigate from there. The absence of any third-party policy to exhaust actually simplifies the coverage sequencing in some respects, though it does not make the insurer any more generous.

Can stacking apply to increase my available UIM coverage in Florida?

Florida allows stacking of UM/UIM coverage under certain conditions when a household has multiple vehicles insured under the same policy or multiple policies. For example, if you have three vehicles each with $100,000 in UIM coverage under the same policy, stacking could give you up to $300,000 in combined coverage. Insurers are permitted to charge higher premiums for stacked coverage, and policyholders can waive stacking in writing for a reduced premium. Reviewing your policy for stacking provisions is worth doing before you assume your coverage limit is fixed.

How long does a UIM claim typically take to resolve in South Florida?

It depends on the complexity of the injuries, the amount in dispute, and whether the insurer cooperates or forces litigation. Straightforward claims where coverage is clear and injuries are well-documented can resolve in months. Cases that require litigation, expert testimony, or contested liability determinations can take a year or more. Palm Beach County and Broward County courts handle significant civil caseloads, and scheduling can affect timelines. An attorney can give you a more specific projection after reviewing the facts of your case.

What if my own insurer is acting in bad faith in handling my UIM claim?

Florida has a civil remedy statute that allows policyholders to pursue bad faith claims against their own insurer in certain circumstances when the insurer fails to timely and properly handle a claim. Documenting the insurer’s conduct throughout the claims process is important. If your insurer is delaying without reason, denying a clearly covered claim, or refusing to make a reasonable offer despite clear evidence of your damages, bad faith may become part of the legal strategy. Brett Steinberg evaluates these angles on every UIM case his firm handles.

South Florida Underinsured Motorist Representation Across the Region

Steinberg Law, P.A. represents UIM claimants from its offices in Delray Beach and Palm Beach Gardens, covering the full stretch of communities across Palm Beach County and Broward County. Clients come to the firm from Boca Raton, Boynton Beach, Lake Worth Beach, Greenacres, Lantana, and Highland Beach in the southern part of the county. The firm handles cases originating in West Palm Beach, North Palm Beach, Riviera Beach, Lake Park, Palm Beach Shores, and the communities along the Palm Beach island. In the northern reaches of the county, the firm represents clients from Jupiter, Jupiter Farms, Tequesta, Palm Beach Gardens, North Palm Beach Gardens, and the communities stretching toward Port St. Lucie. Along Florida’s Turnpike corridor and inland Palm Beach County communities, the firm assists clients from Royal Palm Beach, Wellington, Loxahatchee, Westlake, and Belle Glade. In Broward County, Brett Steinberg handles UIM cases for clients from Fort Lauderdale, Hollywood, Deerfield Beach, Pompano Beach, Coral Springs, Margate, Coconut Creek, and Pembroke Pines. The firm also serves Miami-Dade County clients, including Aventura, North Miami Beach, and surrounding communities, and handles cases statewide when the circumstances require it.

Talk to a South Florida Underinsured Motorist Attorney About Your Claim

Brett Steinberg built this firm to be the kind of place where a seriously injured person gets an honest answer, a real strategy, and an attorney who sees the case through. If you were hurt in a crash and the driver who caused it did not carry enough coverage to pay for what you have lost, that is not where your options end. As a South Florida underinsured motorist attorney, Brett Steinberg has spent years holding both at-fault drivers and insurance companies accountable, and he is ready to evaluate your UIM coverage and the strength of your claim with no obligation and no upfront cost.

Call Steinberg Law, P.A. to schedule your free one-hour consultation. There is no fee unless the firm recovers compensation for you, and every client works directly with Brett from the first call through the resolution of their case.